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.

On July 9, 2013, Illinois became the last state in the country to allow the concealed carry of firearms. Within 180 days of that date, the state police will begin accepting permit applications. The police will grant permits 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 permit "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections will be considered by a Concealed Carry Licensing Review Board, which will decide whether or not the permit will be issued, based on "a preponderance of the evidence". Permits issued by other states will not be recognized. Open carry will still be prohibited in most areas. Without a concealed carry permit, a firearm must be unloaded and enclosed in a case when it is being transported.

To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, issued by the state police. Non-residents who may legally possess firearms in their home state are exempt from this requirement. There is a waiting period to take possession after purchasing a firearm — 72 hours for a handgun, or 24 hours for a rifle or shotgun. Private sales are allowed, and are subject to these same requirements. Possession of automatic firearms, short-barreled shotguns, or silencers 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.

Illinois has state preemption for only some areas of gun law, and some local governments have enacted ordinances that are more restrictive than those of the state.

FOID cards
To 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. 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. There are additional requirements for applicants under the age of 21.

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. 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. This additional checking is known as the Firearm Transfer Inquiry Program (FTIP). Starting on January 1, 2014, the FTIP check will also be required for private sales.

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

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.

Concealed and open carry
On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act. Within 180 days of that date, the state police will begin accepting applications for permits to carry concealed handguns. Before that, Illinois was the only state that had no provision for the concealed carry of firearms by citizens. 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. Subsequently the court granted a 30-day extension of the deadline, to July 9, 2013. 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.

The state police will grant concealed carry permits 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 permit "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections will be considered by a Concealed Carry Licensing Review Board, which will decide whether or not the permit will be issued, based on "a preponderance of the evidence". Permits will cost $150 for residents or $300 for non-residents, and will be valid for five years. Concealed carry permits issued by other states will not be recognized, except that non-residents in possession of a carry permit from their home state may carry in a vehicle.

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, permit 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.

In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.

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.

Without a concealed carry license, a firearm must be unloaded and enclosed in a case when it is being transported.

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."

When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession. The waiting period for a rifle or shotgun is 24 hours.

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.

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

Lost or stolen guns must be reported to the police within 72 hours.

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.

The possession of automatic firearms (such as machine guns), short-barreled shotguns, and silencers is prohibited. 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. 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. 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).

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.

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. In other areas of gun law, some local governments have passed ordinances that are more restrictive than those of the state.

Chicago has banned the possession of certain semi-automatic firearms that it defines as assault weapons, as well as magazines that can hold more than 12 rounds of ammunition. Chicago residents must "immediately" report a firearm that is stolen or lost, and must report the transfer of a firearm at least 48 hours in advance. 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. Chicago also prohibits the sale of firearms within city limits.

Cook County has banned the possession of certain semi-automatic firearms that it has defined as assault weapons, and magazines that can hold more than 10 rounds of ammunition. 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. 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. In Cook County, local laws, such as those of Chicago, take precedence over county laws that regulate similar matters.

The possession of firearms that have been variously defined as assault weapons is also illegal in Lincolnwood, Niles, 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, Deerfield, Country Club Hills, and University Park.

Other municipalities have also enacted various firearm restrictions.

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. Additionally, several Chicago suburbs had enacted outright prohibitions on handgun possession.

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. Chicago and the other municipalities came under legal pressure to change their laws. In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette, Morton Grove, Evanston, and Winnetka, but Chicago and Oak Park kept their laws in effect.

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.

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 firearms training course, pass a background check including fingerprinting, and pay a $100 permit fee. Chicago's gun registration requirement was still in effect. 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.

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.

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.

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. 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.