Gun laws in Illinois

Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.[1][2]

Location of Illinois in the United States

To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police to any qualified applicant. Non-residents who may legally possess firearms in their home state are exempt from this requirement.

The state police issue licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence". Licenses issued by other states are not recognized, except for carry in a vehicle. Open carry is prohibited in most areas. When a firearm is being transported by a person without a concealed carry license, it must be unloaded and enclosed in a case, or broken down in a non-functioning state, or not immediately accessible.

For private sales, the seller must verify the buyer's FOID card, and keep a record of the sale for at least 10 years. Lost or stolen guns must be reported to the police. There is a waiting period of 72 hours to take possession after purchasing a firearm. Possession of automatic firearms, short-barreled shotguns, or suppressors is prohibited. Possession of short-barreled rifles is permitted only for those who have an ATF Curios and Relics license or are a member of a military reenactment group. The state does not restrict the sale or possession of firearms that have been defined as assault weapons, or of magazines that can hold more than a certain number of rounds of ammunition, but some local jurisdictions do restrict them.

Illinois has state preemption for certain areas of gun law, which overrides the home rule guideline in those cases. Some local governments have enacted ordinances that are more restrictive than those of the state in areas not covered by state preemption.

Summary table
Subject/LawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?YesYes430 ILCS 65FOID (Firearm Owner's Identification card) required.
Owner permit required?YesYes430 ILCS 65FOID required.
Firearm registration?NoNo
License required for concealed carry?N/AYesPublic Act 098-0063: Firearm Concealed Carry ActShall-issue with limited discretion.[3] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license.
Open carry allowed?NoNo720 ILCS 5/24
Vehicle carry allowed?NoYesPublic Act 098-0063: Firearm Concealed Carry ActAn Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state.
State preemption of local restrictions?PartialPartialPublic Act 098-0063: Firearm Concealed Carry ActPreemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
Assault weapon law?NoNoCook Co. Code of Ord. §54-211
Chi. Mun. Code §8-20-170		Cook County and the city of Chicago have separately banned the possession of assault weapons, as have several Chicago suburbs, prior to the preemption deadline of July 20, 2013.
Magazine capacity restriction?NoNoNo state-level restrictions. Some local jurisdictions have enacted various magazine capacity restrictions.
NFA weapons restricted?YesYes720 ILCS 5/24
720 ILCS 5/24-2		Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Castle doctrine / stand your ground laws?PartialPartial720 ILCS 5Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.
Peaceable journey laws?PartialYesPublic Act 098-0063: Firearm Concealed Carry ActIllinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons.
Background checks required for private sales?YesYes430 ILCS 65The seller must verify the buyer's FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years.
Red flag law?YesYesPublic Act 100-0607: Firearms Restraining Order Act
430 ILCS 65		Family members or police can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person's firearms must be returned to them within six months unless the court finds grounds to renew the suspension. Additionally, under certain circumstances the Illinois State Police can revoke the FOID of a person who has been determined to be a clear and present danger to themselves or to others.
Waiting period?YesYesPublic Act 100-0606After purchasing a firearm, the waiting period before the buyer can take possession is 72 hours.

FOID cards
Main article: FOID (firearms)

To legally possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the Illinois State Police.[4] The police must issue FOID cards to eligible applicants. An applicant is disqualified if he or she has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal immigrant.[5] Applicants under the age of 21 must have the written consent of a parent or legal guardian who is also legally able to possess firearms.[6]

When a firearm is sold or transferred, the buyer is required to present their FOID card. This applies to private sales between individuals as well as to sales by Federal Firearms License (FFL) holders.[7] For firearm sales by an FFL holder, or at a gun show, the seller must perform an automated dial-up check with the State Police, to verify that the FOID card is valid, and to redo the background check of the buyer.[4] This additional checking is known as the Firearm Transfer Inquiry Program (FTIP).[8] For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.[9][10][11][12][13]

The buyer is also required to present their FOID card when purchasing ammunition.[14]

A FOID card does not authorize the carrying of a concealed firearm,[15] but having a FOID card is a prerequisite for obtaining a concealed carry license.[16]

In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card.[17][18] Non-Illinois residents do not qualify to obtain a FOID card, but the FOID statute does make provisions for applicants who are employed in Illinois as law enforcement officers, armed security officers, or by the U.S. military.[4]

On February 14, 2018, in a ruling that applies only to the defendant, a circuit court in Illinois found that the requirement to obtain a FOID in order to acquire or possess a firearm is unconstitutional. The court ruled that "to require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment... and a violation of Article I, Section 22, of the Constitution of the State of Illinois."[19] After the state requested reconsideration, the court ruled on October 16, 2018 that, in addition to reaffirming its previous ruling, the requirement to physically possess a FOID while in possession of a firearm is also unconstitutional.[20] The case, People v Brown, is being appealed to the Illinois Supreme Court.[21]

Concealed and open carry

The Illinois State Police Department issues licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. Illinois law says that the state police "shall issue" a license to a qualified applicant. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence".[16][22][23] Under revised rules implemented in July 2014, the Review Board notifies the applicant by mail of the basis of the objection and identifies the agency that brought it.[24]

In order to apply for a license the applicant must have in their possession the certificate from the required training, a valid drivers license or state ID card, a valid FOID card, a head and shoulder electronic photograph taken in the last 30 days, ten years of documented residency, fingerprints (optional, but submitting an application without prints increases the potential processing time from 90 to 120 days),[25] and the application fee.[26]

Permits cost $150 for residents or $300 for non-residents, and are valid for five years. An Illinois resident is defined as someone who qualifies for an Illinois driver's license or state identification card due to establishment of a primary domicile in Illinois.[27] A non-resident is someone who has not resided in Illinois for more than 30 days and resides in another state or territory.[16]

Non-residents may apply if their state is on a list of states with laws related to firearm ownership, possession, and carrying, that are "substantially similar" to the requirements to obtain a carry license in Illinois. A non-resident applicant must also possess a carry license or permit from his or her state of residence, if applicable. Prior to February 2017, the Illinois State Police considered only Hawaii, New Mexico, South Carolina, and Virginia to qualify as substantially similar.[28] In February 2017, the list of substantially similar states changed to Arkansas, Mississippi, Texas, and Virginia.[29] Idaho and Nevada were added to the list in 2020.[30] Illinois concealed carry licensees from the three states removed from the list of approved states received letters stating that their Illinois licenses were no longer valid.[30]

Concealed carry permits or licenses issued by other states are not recognized, except that non-residents in possession of a carry permit or license from their home state may carry in a vehicle while traveling through Illinois.[16][22]

Illinois property owners may prohibit concealed carry with a sign

Concealed carry is prohibited on public transportation, at a bar or restaurant that gets more than half its revenue from the sale of alcohol, at a public gathering or special event that requires a permit (e.g. a street fair or festival), at a place where alcohol is sold for special events, and on private property where the owner has chosen not to allow it (and, unless the property is a private residence, has posted an appropriate sign). Concealed carry is also not allowed at any school, college or university, preschool or daycare facility, government building, courthouse, prison, jail, detention facility, hospital, playground, park, Cook County Forest Preserve area, stadium or arena for college or professional sports, amusement park, riverboat casino, off-track betting facility, library, zoo, museum, airport, nuclear facility, or place where firearms are prohibited under federal law. However, concealed carry license holders who are in the parking lot of a prohibited location (except a nuclear facility) are allowed to carry a concealed firearm when they are in their vehicle, and to store their gun locked in their vehicle and out of plain view.[16][22] On February 1, 2018, the Illinois Supreme Court unanimously ruled that the state's ban on possession of a firearm within 1,000 feet of a public park was unconstitutional.[31] On June 14, 2018, the Illinois Appellate Court ruled the law banning carrying firearms within 1,000 feet of a school to be unconstitutional.[32]

When a license holder is carrying a concealed handgun, and is asked by a police officer if they are carrying, there is a duty to inform the officer that they are. This can be done with a verbal reply, or by showing their concealed handgun license.[33]

In accordance with federal law, persons who have been convicted of a felony, or of a misdemeanor act of domestic violence, are ineligible to receive a concealed carry license. In Illinois persons who, within the last five years, have been convicted of a misdemeanor involving the use of force or violence, or received two convictions for driving under the influence of alcohol or drugs, or been in residential or court-ordered treatment for substance abuse, are also ineligible to receive a license.[34] There are other conditions that make an applicant ineligible under state law, including having been a patient in a mental health facility in the last five years.[16]

In compliance with the federal Law Enforcement Officers Safety Act, off-duty and retired police officers who qualify annually under state guidelines are allowed to carry concealed.[35]

Open carry of firearms is generally illegal, except when hunting, or in a fixed place of business with the owner's permission, or in one's abode.[36]

When a firearm is being transported it must be (a) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, or (b) broken down in a non-functioning state, or (c) not immediately accessible, or (d) carried or possessed in accordance with the Firearm Concealed Carry Act by a person with a valid concealed carry license.[37]

On June 14, 2018, the Illinois Appellate Court said that the mere possession of a gun does not constitute probable cause for arrest.[38]

Historical state prohibition of concealed carry

Illinois was the last state to pass a law to allow the concealed carry of firearms by citizens.[39][40] The state's original handgun carry ban was enacted in 1949, with the ban's most recent revision being enacted in 1962.[41] The pre-existing law forbade concealed carry, and generally prohibited open carry, except in counties that had enacted ordinances allowing open carry. On December 11, 2012, a three-judge panel of the U.S. Seventh Circuit Court of Appeals, in the case of Moore v. Madigan, ruled that Illinois' concealed carry ban was unconstitutional, and gave the state 180 days to change its laws.[42] Subsequently, the court granted a 30-day extension of the deadline.[43] On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act, which established a system for the issuing of concealed carry licenses.[44][45] On September 12, 2013, the Illinois Supreme Court, in the case of People v. Aguilar, also ruled that the state's Aggravated Unlawful Use of a Weapon law, which completely prohibited concealed carry, was unconstitutional.[46] On January 5, 2014, the state police began accepting applications for licenses to carry concealed handguns.[47] On February 28, 2014, the state police announced that they had begun issuing concealed carry licenses.[48]

Other state laws

Article 1 section 22 of the Illinois Constitution states, "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."[49]

When purchasing a firearm in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession.[50]

When a firearm is sold by a licensed dealer, the seller is required to provide a gun lock, unless the firearm itself includes an integrated locking mechanism.[51]

For private sales, the seller is required to keep a record of the transfer for at least 10 years.[7]

Lost or stolen guns must be reported to the police within 72 hours.[9][52]

A gun owner can be charged with a crime if a minor under the age of 14 gains access to their firearm when it is unsecured (i.e. not locked in a box or secured with a trigger lock) and causes death or great bodily harm.[53]

Regarding Title II weapons, the possession of automatic firearms (such as machine guns), short-barreled shotguns, and suppressors is prohibited.[37] Possession of short-barreled rifles is allowed for ATF Curios and Relics license holders, or, if the rifle is historically accurate has an overall length of at least 26 inches, for members of a bona fide military reenactment group.[54] While possession of a large-bore destructive device itself is not prohibited, possession of an artillery projectile, shell or grenade with over 1/4 ounce of explosive is prohibited.[37] There is no prohibition against non-sporting shotguns (such as the Armsel Striker) deemed destructive devices by the ATF, nor is there one for AOWs (Any Other Weapons). There is a specific prohibition against the possession of firearms designed to appear as a wireless telephone.[55]

In Illinois, muzzleloaders and black powder guns are considered firearms.[15]

Air guns that are larger than .18 caliber and that have a muzzle velocity greater than 700 feet per second are also regulated as firearms.[56]

To purchase or possess a Taser or stun gun, a Firearm Owners Identification (FOID) card is required. There is a 24-hour waiting period between purchase and taking possession.[4][57] On March 21, 2019, the Illinois Supreme Court ruled unanimously that the ban on possession or carriage of stun guns in public is facially unconstitutional. It ruled that a section of law which prohibits the carrying or transportation of stun guns is unconstitutional because an exception against the prohibition (possessing a concealed carry permit) only covers handguns, thus there is no exception for stun guns, and therefore the ban is unconstitutional. This leaves stun gun carriage legal without a permit.[58][59]

Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.[60][61]

Illinois has a red flag law that allows family members or police to petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The petitioner must prove by clear and convincing evidence that the person poses a danger by having a firearm. The hearing for issuing the order may be done without the person being present, but the person may then request a hearing, to be held within two weeks, where they may defend themselves. If the order of confiscation is upheld, the person's guns may be taken away, and their FOID card suspended, for up to six months. After that the person's guns must be returned to them, and their FOID card reinstated, unless the court finds grounds to renew the suspension.[50]

If a qualified medical examiner, law enforcement official, or school administrator determines that a gun owner's mental state makes them "a clear and present danger" to themselves or to others, they must report this to the Illinois State Police (ISP) within 24 hours. The ISP may then revoke the person's Firearm Owners Identification (FOID) card, making them ineligible to legally possess firearms.[4][62]

Firearm dealers must be licensed by the state. To obtain a state license, a gun store must submit proof that it has a Federal Firearms License. The store must have surveillance equipment, maintain an electronic inventory, establish anti-theft measures, and require employees to receive training annually.[63]

It is illegal to sell, import, or manufacture a handgun "having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit." Private sales are exempt from this restriction, and it is legal to possess such a gun.[1][64][65]

Local laws

Illinois has state preemption of firearm laws for "the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition". There is also state preemption for "the regulation of the possession and ownership of assault weapons", except for laws passed before July 20, 2013, which are grandfathered in.[16] In other areas of gun law, some local governments have passed ordinances that are more restrictive than those of the state.[66]

Chicago has banned the possession of certain semi-automatic firearms that it defines as assault weapons, as well as laser sights.[67][68] Chicago residents must "immediately" report a firearm that is stolen or lost, and must report the transfer of a firearm within 48 hours of such transfer.[69] In a home where a person younger than 18 is present, all guns must be secured with a trigger lock, or stored in a locked container, or secured to the body of the legal owner.[70]

Chicago formerly prohibited the sale of firearms within city limits, but on January 6, 2014, a federal judge ruled that this was unconstitutional.[71] The judge granted the city's request for six months to pass new laws regulating gun shops.[72] On June 25, 2014, the city council passed a new law, allowing gun stores but restricting them to certain limited areas of the city, requiring that all gun sales be videotaped, and limiting buyers to one gun per 30-day period. Store owners must make their records available to the police, and employees must be trained to identify possible straw purchasers.[73] With the passage of the gun shop ordinance, Chicago also struck a previous ban on the transfer of ammunition.[74] On January 18, 2017, a federal appeals court ruled that the city's revised gun shop law was unconstitutional.[75]

Cook County has banned the possession of certain semi-automatic firearms that it has defined as assault weapons.[76][77] Residents must report to the county sheriff within 48 hours any firearms that are stolen, lost, destroyed, or sold or otherwise transferred. The sheriff may share this information with other law enforcement agencies.[78][79] Licensed firearms dealers must provide information to the county regarding purchasers and the guns they purchase, and receive approval before conducting sales.[80] An individual may not purchase more than one firearm in a 30-day period.[81] In a home where a person younger than 21 is present, all guns must be secured with a trigger lock, or stored unloaded in a locked container separate from the ammunition, or secured to the body of the legal owner.[82] In Cook County, local laws, such as those of Chicago, take precedence over county laws that regulate similar matters.[83] Cook County imposes a twenty-five dollar tax on the sale of any firearm by a retail dealer, in addition to the usual county sales tax. The county also has a tax on the sale of ammunition — five cents per round for centerfire ammunition and one cent per round for rimfire ammunition.[84]

The possession of firearms that have been variously defined as assault weapons is also illegal in Lincolnwood, Skokie, Evanston, Highland Park, North Chicago, Melrose Park, Riverdale, Dolton, Hazel Crest, Homewood, and the part of Buffalo Grove that's in Cook County. The storage or transportation of assault weapons is restricted in Morton Grove, Winnetka, Country Club Hills, and University Park.[85][86][87][88][89][90][91] Sales and transfers of assault weapons are prohibited in Niles.[92][93][94] In December 2015 the U.S. Supreme Court declined to hear the case of Friedman v. Highland Park, a challenge to that city's assault weapons ban.[95] Deerfield had passed an ordinance in 2013 that regulated the storage and transportation of assault weapons and high capacity magazines; in April 2018 the ordinance was amended to ban possession.[96][97] On June 12, 2018 the law was blocked from going into effect by a Lake County Circuit Court judge who held that the ordinance violates a state preemption statute.[98][99] On March 22, 2019 the judge ruled that the law was invalid, and permanently barred the village from enforcing it.[100] On June 12, 2019, Deerfield's appeal was dismissed on procedural grounds.[99]

The East St. Louis Housing Authority's ban on firearm possession by residents of public housing was struck down by a federal judge on April 11, 2019.[101][102]

Other municipalities have also enacted various firearm restrictions.[103]

Some counties have adopted Second Amendment sanctuary resolutions in opposition to some gun control laws.[104][105][106]

Historical restrictions on the possession of handguns

Formerly some Illinois municipalities had laws restricting the possession of handguns.

By the late 1980s, several Illinois municipalities had banned the possession of handguns. Chicago required the registration of all firearms but did not allow handguns to be registered, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.[107][108] Additionally, several Chicago suburbs had enacted outright prohibitions on handgun possession.[109]

On June 26, 2008, the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[110] Chicago and the other municipalities came under legal pressure to change their laws.[111][112] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[113] Morton Grove,[114] Evanston,[115] and Winnetka,[116] but Chicago and Oak Park kept their laws in effect.[115][117]

On June 28, 2010, in the case of McDonald v. Chicago, the U.S. Supreme Court ruled the handgun bans of Chicago and Oak Park to be unconstitutional.[118]

On July 12, 2010, a new Chicago city ordinance took effect that allowed the possession of handguns with certain restrictions. Residents were required to obtain a Chicago Firearms Permit. To get the permit they were required to complete a 5-hour firearms training course, pass a background check (including fingerprinting), and pay a $100 permit fee. Chicago's gun registration requirement was retained, with new registrations being allowed for the first time since 1982.[119][120] Possession of firearms was permitted only inside a dwelling, not in a garage or on the outside grounds of the property. Only one gun at a time was allowed to be kept in a usable state.[119]

On July 19, 2010, Oak Park amended its town ordinance to allow handgun possession in one's home, leaving no remaining town in Illinois that completely banned handguns.[121]

On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act, which set up a permitting system for the concealed carry of firearms. Another provision of this law is state preemption for "the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition". This invalidated Chicago's requirements for gun registration and for an additional permit for the possession of firearms.[16][122]

On September 11, 2013, the Chicago City Council repealed the law requiring the registration of firearms and the law requiring a city issued firearm owners permit.[122][123] They also changed the law to allow the carrying of firearms on the grounds of one's property outside as well as inside the home.[124]

Knives

In Illinois, it is illegal to possess a throwing star or ballistic knife. A knife with a blade more than three inches in length is considered a dangerous weapon, and it is illegal to carry such a knife with an intent to inflict harm on another person's well being.[125][126]

Some local governments have knife laws that are more restrictive than those of the state. In Chicago it is illegal to carry a knife with a blade more than two-and-a-half inches in length.[127]

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See also

References
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