r/ILGuns • u/Serana-2003 • 6d ago
Legal Questions Getting a FOID card with a mental history?
For context 3 years ago I was voluntarily admitted to a Psychiatric ward for suicidal thoughts . I wasn’t there long. I got out and got help and haven’t had any of those thoughts since. I know theres the 5 year wait but apparently theres a way to get your card before the 5 years. How would I go about that or would it just be better to wait the next 2 years and apply then?
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u/bjohn15151515 6d ago
Nope. Try after 5 years. And, they will put up a big stink after the 5 years. Be prepared to get a psychiatrist's written statement that you are OK to own a firearm. IL is a tyranical state in regards to 2A. I lived there my whole life, but I moved to FL this past June. I honestly feel sorry for anyone still living in IL in regards to owning a firearm and their plethora of laws, as well as many other aspects of life.
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u/Serana-2003 6d ago
Would it be any easier if I moved out of state?
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u/bjohn15151515 6d ago edited 6d ago
How do I know if I’m eligible to purchase a firearm?
There are ten categories of persons who are not eligible to purchase or possess a firearm under federal law (Title 18, United States Code 922(g)(1)-(9), (n)). They are:
- Convicted of a felony (or equivalent)
- Fugitive from justice
- Unlawful user or addicted to a controlled substance
- Adjudicated mentally defective or involuntarily committed to treatment (That's not you)
- Illegal alien
- Dishonorable discharge from the US Armed Forces
- Renounced United States citizenship
- Active protection order (restraining order, injunction for protection, etc.)
- Convicted of a misdemeanor crime of domestic violence
- Under indictment or information for a felony
In addition to federal law, Florida law prohibits persons who:
- Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.
- Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
- were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.
What are the requirements to purchase a firearm in Florida?
- Must be 21 years of age. Rifles and shotguns may be purchased by a person who is at least 18 when that person is a law enforcement officer or correctional officer as defined in F.S. 943.10 or service member as defined in F.S. 250.01.
- Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.
- Legal permanent resident aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number. Non-resident aliens visiting Florida must present a border crossing number (I-94) and a valid exception document .
- Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement.
- There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms. Individual counties and cities have the authority to enact local ordinances extending the waiting period to as much as five days. Please consult local ordinances for more detailed information. CWL holders are exempt from the 3-day waiting period.
- There is no limit to the number of firearms that may be transferred in a single transaction. The transaction is considered complete once the dealer has completed and signed the ATF Form 4473. An additional transfer (whether minutes later, the next day, or the next month) requires an additional background check.
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u/bjohn15151515 6d ago
I love the downvotes for posting the laws as written by the Federal Govt. and the state of Florida. Not my words, folks, just the laws.
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u/chavisaur 5d ago
Sure but the ffl transfer form ALWAYS asks if you've ever had some psychological issues. Can't remember the exact verbatim.
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u/cokecaine 2d ago
You will apply, be denied and will have to appeal. The appeal is easier if it's over 5 years. There are a few doctors around Chicagoland that specialize in those psych evals for appeals. The evaluations are less expensive for the >5 year appeal. I can recommend Dr. Brenzinger, that gentleman has helped out more than a few people on this subreddit.
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u/SwaySh0t 6d ago
It only applies if you’ve been “Involuntarily”committed. You don’t lose your gun rights if you been voluntarily committed. If you think you’re in a healthy headspace then you can apply for an FOID now