Illinois Gun Laws

Illinois has stringent gun laws compared to many other states, with numerous regulations governing firearm purchases, permits, and carrying. This guide provides a thorough overview of Illinois’ firearm laws, including details on purchasing requirements, Firearm Owner Identification (FOID) cards, concealed carry, prohibited firearms, and self-defense laws.

Illinois Gun Lawyers

Illinois Gun Laws Overview

Illinois Gun Laws

Purchasing Firearms in Illinois

Illinois enforces strict regulations for purchasing firearms, including the requirement of a FOID card for all firearm and ammunition transactions. Illinois residents must go through background checks and waiting periods when purchasing firearms.

Key Requirements:

  • Firearm Owner Identification (FOID) Card: Required for all Illinois residents purchasing or possessing firearms and ammunition.
  • Background Check: Required for all gun purchases, including private sales.
  • Waiting Period: 72-hour waiting period for all firearm purchases.
  • Minimum Age: You must be 18 to own a long gun and 21 to purchase a handgun.

Firearm Owner Identification (FOID) Card

The FOID card is required for Illinois residents to legally own or purchase firearms and ammunition. The FOID card process involves a background check and is administered by the Illinois State Police.

FOID Card Application Process:

  1. Eligibility Requirements: Applicants must be at least 18 (with parental consent) for long guns and 21 for handguns, have no felony convictions, and meet other criteria.
  2. Application: Apply for the FOID card through the Illinois State Police website. Applicants must submit identification and undergo a background check.
  3. Renewal: FOID cards must be renewed every 10 years.

Concealed Carry in Illinois

Illinois is a “shall-issue” state for concealed carry permits, meaning the state must issue a permit to applicants who meet the eligibility requirements. Open carry is prohibited for civilians, but licensed individuals can carry concealed weapons under certain conditions.

How to Obtain a Concealed Carry License (CCL):

  1. Eligibility Requirements: Must be at least 21, possess a valid FOID card, and meet training requirements.
  2. Training: Applicants must complete 16 hours of firearms training, including a live-fire component and instruction on Illinois laws.
  3. Application and Approval: Submit the application and required documentation through the Illinois State Police; the approval process includes fingerprinting and a background check.
  4. Renewal: Concealed carry licenses must be renewed every five years, requiring additional training.

Firearm Restrictions in Illinois

Illinois prohibits certain types of firearms and accessories, including restrictions on assault weapons and high-capacity magazines, depending on local ordinances.

  • Assault Weapons: Illinois does not have a statewide assault weapons ban, but some local jurisdictions, including Chicago and Cook County, restrict them. Residents should check with local authorities for specific restrictions.
  • Magazine Capacity: Illinois does not enforce a statewide magazine capacity limit, but local governments like Chicago limit magazines to a 10-round capacity for handguns and 15 rounds for long guns.

Restricted Locations for Carrying Firearms in Illinois

Illinois has numerous locations where firearms are prohibited, even for those with a concealed carry license. Firearms are restricted in schools, public transportation, and other government and private properties.

  • Schools and Universities: Firearms are strictly prohibited on all K-12 school properties and university campuses.
  • Government Buildings: Courthouses, police stations, and other government facilities prohibit firearms.
  • Public Transportation: Illinois prohibits carrying firearms on public buses, trains, and other transit systems.
  • Private Property: Property owners can post signs prohibiting firearms, and these must be adhered to by permit holders.
  • Bars and Alcohol-Serving Establishments: Illinois law prohibits concealed carry in establishments where more than 50% of revenue is derived from alcohol sales.

Self-Defense Laws in Illinois: Duty to Retreat and Castle Doctrine

Illinois has limited self-defense laws, including a Castle Doctrine provision, but there is no Stand Your Ground law in public areas.

Duty to Retreat

Illinois does not have a Stand Your Ground law, meaning individuals are expected to retreat if it is safe to do so when confronted with a threat in public spaces.

Castle Doctrine

Illinois’ Castle Doctrine allows individuals to defend themselves within their home without the duty to retreat. The law permits using deadly force against intruders if there is a reasonable belief that force is necessary to prevent death, great bodily harm, or the commission of a forcible felony.

Firearms Prohibited Persons in Illinois

Illinois restricts firearm ownership for individuals who meet certain prohibitions based on criminal records, mental health conditions, or specific protective orders.

  • Felony Convictions: Individuals with felony convictions are prohibited from owning firearms.
  • Domestic Violence Convictions: Those with domestic violence misdemeanors are barred from possessing firearms.
  • Mental Health Restrictions: Persons involuntarily committed for mental health treatment are generally prohibited from owning firearms.
  • Protective Orders: Individuals subject to active orders of protection related to domestic violence are restricted from firearm ownership.

Reciprocity with Other States

Illinois does not recognize concealed carry permits from other states. Non-residents traveling through Illinois may possess firearms without an Illinois license if they keep the firearms unloaded and secured.

Penalties for Violating Gun Laws in Illinois

Violating gun laws in Illinois can lead to serious consequences, including fines, jail time, and loss of firearm rights. Common violations include:

  • Possessing a Firearm Without a FOID Card: This is a misdemeanor or felony, depending on the circumstances.
  • Unlawful Use of Weapons: Carrying a loaded or concealed firearm without a valid license can result in criminal charges.
  • Possessing Banned Firearms or Magazines: Possessing assault weapons or high-capacity magazines in areas where they are prohibited is punishable by law.

Conclusion: Navigating Illinois’ Gun Laws

Illinois’ gun laws are comprehensive, requiring permits for ownership and concealed carry, along with various restrictions on firearm types and locations for carrying. Understanding Illinois’ FOID card and concealed carry requirements is essential for responsible gun ownership and adherence to the law within the state.

FAQs About Gun Laws in Illinois

1. Do I need a permit to buy a gun in Illinois?
Yes, a FOID card is required to purchase and possess firearms and ammunition in Illinois.

2. Does Illinois allow open carry?
No, Illinois prohibits open carry of firearms.

3. Does Illinois recognize out-of-state concealed carry permits?
No, Illinois does not honor concealed carry permits from other states.

4. What is the waiting period for buying a gun in Illinois?
Illinois enforces a 72-hour waiting period for firearm purchases.

5. Can I carry a firearm in my car in Illinois?
Only with a valid concealed carry license, and the firearm must be unloaded and secured if you do not have a CCL.