IL: State Firearms Laws
ILLINOIS
(As of August, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase FOI Required FOI Required*
Registration of Firearms NO** NO**
Licensing of Owner FOI Required FOI Required
Permit to Carry FOI Required FOI Required***
*Subject to Municipal Control. Handguns have been banned in some
municipalities.
**Chicago requires registration of all firearms.
***Carrying concealed is prohibited entirely; there is no permit
to carry concealed.
STATE CONSTITUTIONAL PROVISION
"Subject only to the police power, the right of the Individual
citizen to keep and bear arms shall not be infringed." Section
22, Article I of the Illinois Bill of Rights.*
*The Sixth Illinois Constitutional Conventions Committee on Bill
of Rights in their official commentary interpreted this provision
in 1970 as a guarantee that "a citizen has the right to possess
and make reasonable use of arms that law-abiding citizens
commonly employ for purposes of recreation of protection of
person and property." Any use of the police power, the Committee
said, that "attempted to ban all possession or use of such arms,
or laws that subjected possession or use of such arms to
regulations or taxes so onerous that ail possession or use was
effectively banned, would be invalid."
POSSESSION
It is unlawful for any person to possess any rifle, shotgun,
handgun or ammunition unless he has obtained a Firearms Owner's
Identification Card (FOI). A person convicted of a felony may not
possess a firearm or ammunition unless such person has been
granted relief by the Director of The Department of State Police
under Section 10 of the Firearm Owners Identification Card Act.
It is unlawful to possess any rifle having one or more
barrels less than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any weapon made
from a rifle or shotgun, if such weapon as modified has an
overall length of less than 26 inches.
It is unlawful for any person under the age of 18 to possess
a handgun, or concealable firearm.
It is unlawful for any person to possess any firearm with
intent to use it unlawfully against another.
It is unlawful to possess any firearm in any place licensed
to sell intoxicating beverages, or "at any public gathering held
pursuant to a license issued by any governmental body," or at any
public gathering (except a gun show) at which an admission is
charged. An exception is provided for the owner, manager or an
authorized employee of the specified establishments.
A person under the age of 21 is not required to have an FOI
in order to possess a firearm or ammunition while under the
immediate control of a parent, guardian or other adult who has a
valid FOI.
It is unlawful to possess firearms or ammunition on the
grounds or building of a school. Exempt are students in firearm
training courses, parades, hunting, target shooting on school
ranges, or otherwise with the consent of school authorities and
which firearms are transported unloaded and enclosed in a
suitable case, box, or transportation package.
NOTE: in the City of Chicago, it is unlawful to keep a rifle,
shotgun, or handgun unless it has been registered with the
Director of Revenue. This requirement applies to all firearms
kept in Chicago whether the firearm was purchased in the city, or
acquired elsewhere. All firearms brought into the city must be
registered within ten days. Handguns may not be registered after
1982. The registration certificate must be carried simultaneously
with the firearm, and exhibited upon demand of any police
officer. In any prosecution under this section the burden of
proof is on the city to prove that the firearm has been possessed
in the city for 10 days or more.
REQUIREMENTS FOR FOI
Application for an FOI is made to the Department of State
Police, 726 South College, PO Box 3677, Springfield, IL 62708.
An applicant is entitled to an FOI if he:
1. Is over 21 years of age. If under 21, he must have the
written consent of his guardian. In such case, the guardian
himself must not be ineligible for an FOI, and the applicant must
never have been convicted of a misdemeanor or adjudged a
delinquent.
2. Has never been convicted of a felony.
3. Is not a narcotics addict.
4. Has not been a patient in a mental hospital in the
preceding five years.
5. Is not mentally retarded.
An FOI application must be accompanied by two recent
photographs of the applicant, "such personal identifying
information as may be required" by the Director of the
Department, and payment of a $5.00 fee.* The Department must
approve or deny the FOI within 30 days, and is authorized to deny
the FOI only if the applicant does not meet the listed
qualifications. The FOI is valid for five years from the date of
issuance. The Department of State Police shall forward to each
FOI holder, a notice of expiration and a renewal notice
application, 30 days prior to expiration.
An applicant who is denied an FOI may appeal the decision to
the Director. If the Director upholds the Department's denial,
the applicant may appeal to the courts. Any judicial review
generally will be limited to the question of whether the
Department's decision was "arbitrary and capricious."
* The photographic requirement may be waived for persons with
religious objections.
PURCHASE
A buyer is required to show his FOI when purchasing any
firearms or ammunition. Any seller is required to withhold
delivery of any handgun for 72 hours, and of any rifle or shotgun
for 24 hours, after application for purchase is made. The seller
must retain for 10 years a record of the transfer, including a
description of the firearm (including serial number), the
identity of the buyer, and the buyer's FOI number.
The waiting period does not apply to a buyer who is a
dealer, a law enforcement officer, or a non-resident holder of an
FOI at a gun show recognized by the Illinois Department of State
Police.
It is unlawful to sell or give any handgun to a person under
18, or any firearm to a person who is not eligible to obtain an
FOI (see eligibility requirements under POSSESSION).
CARRYING AND TRANSPORTATION IN A VEHICLE
It is unlawful to carry or possess any firearm in any
vehicle or concealed on or about the person, except on one's land
or in one's abode or fixed place of business. It is unlawful to
carry or possess any firearm on or about one's person upon any
public street, alley, or other public lands within the corporate
limits of a city, village, or incorporated town, except when an
invitee thereon or therein, for the purpose of the display of
firearms or the lawful commerce in firearms, or except when on
one's land or in one's abode or fixed place of business.
Exceptions are persons using their firearms on established
target ranges; licensed hunters, trappers, or fishermen while
engaged in their licensed activity; transportation of firearms
that are broken down in a non-functioning state or are not
immediately accessible (e.g., in the trunk of a car); and
transportation, carrying, or possession of a firearm which is
unloaded and enclosed in a case, firearm carrying box, shipping
box, or other container, by the possessor of a valid FOI. Under
the Wildlife Code, it is unlawful to have or carry any firearm in
or on any vehicle or conveyance unless unloaded and enclosed in a
case.
NON-RESIDENTS
A non-resident is permitted to possess a firearm without an
FOI if it is unloaded and enclosed in a case, OR if the
non-resident is:
1. Hunting and has a non-resident hunting license, while
in an area where hunting is permitted.
2. On a target range recognized by the Department of State
Police.
3. At a gun show recognized by the Department of State
Police.
4. Currently licensed or registered to possess a firearm
in his state of residence.
A non-resident may not purchase a firearm in Illinois unless
he first obtains an FOI. However, a non-resident may purchase
ammunition.
ANTIQUES AND REPLICAS
An antique firearm which "by reason of the date of
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used as a
weapon" is exempt from the above regulations on purchase.
MACHINE GUNS
It is unlawful to sell, manufacture, purchase, possess or
carry any weapon from which more than one shot may be discharged
by a single function of the trigger, including the frame or
receiver of any such weapon.
It is unlawful to sell, manufacture, purchase, possess or
carry any combination of parts designed or intended for use in
converting any weapon into a machine gun, or any combination or
parts from which a machine gun can be assembled.
There is an exception to the above prohibition, providing
for the manufacture and sale of machine guns to law enforcement
personnel only. This allows class 3 dealers to possess machine
guns as long as they are for distribution only to law enforcement
and military personnel provided such weapons are "broken down in
a non-functioning state or not immediately accessible."
This prohibition does not apply to persons licensed to
manufacture machine guns or ammunition under federal law and who
are actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to activities which
are in the lawful scope of such business, such as the
manufacture, transportation or testing of such weapons or
ammunition.
MISCELLANEOUS
It is unlawful for a dealer to sell any handgun "having a
barrel, slide, frame or receiver which is a die casting of zinc
alloy or any other non homogeneous metal which will melt or
deform at a temperature of less than 800 degrees F."
It is unlawful to alter or obliterate any serial number,
maker's name or other identifying mark on any firearm. Possession
of a firearm with an altered or obliterated mark raises a legal
presumption that the possessor committed the offense.
Any stolen weapon, if confiscated by police when no longer
needed for evidentiary purposes, must be returned to the person
entitled to possession, if known.
It is unlawful to set a spring gun.
It is unlawful to carry or possess any firearm when a person
is hooded or masked.
Recent court cases have held that when a person is arrested
for a gun-related crime and the gun is seized, if he is acquitted
he may recover the firearm from the authorities.
It is unlawful to possess, manufacture or use any metal
piercing or explosive bullet.
It is unlawful to sell or deliver firearms on the premises
of any school.
It is unlawful to possess a silencer.
It is unlawful to possess or store any firearm on land
supported in whole or in part with state or federal funds
administered through state agencies or in any building on such
land without prior written permission from the chief security
officer for such land or building. The chief security officer
"must grant any reasonable request for permission."
It is unlawful to discharge a firearm in a reckless manner
which endangers the bodily safety of an individual.
CITATION: IL. Ann. Stat. ch. 38, para. 21-6, 24-1 et seq., and
83-1 et seq.; and ch. 61, para. 2.33
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action