Home Contact Search:
About Us Resources Laws And Policies Library Media Center Get Involved
 

Illinois State Law Summary

Last updated December 12, 2008.

LOCAL LAWS:
Where local regulations exist on a particular policy, the local ordinance symbol appears next to that policy heading. For details, click the appropriate symbol, or go to the Illinois Local Ordinance Summary index.

 

In 2005, 1,019 people died from firearm-related injuries in Illinois. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2005 at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article I, § 22 of the Illinois Constitution provides, "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."

In Quilici v. Village of Morton Grove, 695 F.2d 261 (7th Cir. 1982), the federal Court of Appeals for the 7th Circuit rejected an Article I, § 22 challenge to a local ordinance (No. 81-11) prohibiting the possession of handguns within the Village's borders. The court affirmed the trial court decision upholding the ordinance, finding in relevant part, “that the right to keep and bear arms in Illinois is so limited by the police power that a ban on handguns does not violate that right.”  Id. at 267.  The court went on to note that:

[S]ection 22 simply prohibits an absolute ban on all firearms….There is no right under the Illinois Constitution to possess a handgun, nor does the state have an overriding state interest in gun control which requires it to retain exclusive control….Once a local government identifies a problem and enacts legislation to mitigate or eliminate it, that enactment is presumed valid and may be overturned only if it is unreasonable, clearly arbitrary, and has no foundation in the police power.

Id. at 268.   

Therefore, since Morton Grove presented “at least some empirical evidence” that gun control legislation may reduce deaths and accidents caused by handguns, the court held that the ordinance was a valid exercise of the Village’s police power.  Id. at 268-269.    

The Supreme Court of Illinois reached the same conclusion as the Quilici court in Kalodimos v. Village of Morton Grove, 470 N.E.2d 266 (Ill. 1984), which also involved a challenge to Ordinance 81-11. The Supreme Court concluded that Art. I, § 22 permits extensive regulation of firearms under the state's police power and the municipal home rule power, including prohibitions on a particular class of firearms. The court upheld the Village's ordinance, finding that it "bears a rational relation to the goal of reducing weapons-related injuries and accidents." Kalodimos, 470 N.E.2d at 279. See also City of Chicago v. Taylor, 774 N.E.2d 22 (1st Dist. 2002) (Chicago's firearms registration ordinance does not violate the state right to bear arms because it does not prevent a person from bearing arms, rather it allows an individual to legally possess a registerable firearm once that firearm has been properly registered); Sklar v. Byrne, 727 F.2d 633 (7th Cir. 1984) (rejecting an Art. I, § 22 challenge to Chicago ordinances regulating handgun possession and registration, stressing that an individual's right to bear arms in Illinois is narrow and subject to extensive regulation).

The Illinois Legislature grants broad authority to municipalities to regulate firearms and ammunition. State law provides: "The provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act [which comprehensively regulates firearms], are not invalidated or affected by this Act." 430 Ill. Comp. Stat. 65/13.1. "Municipality" is defined to include cities, villages or incorporated towns, but not townships, counties or park districts. 65 Ill. Comp. Stat. 5/1-1-2(1).

The Illinois Constitution also grants home rule units broad authority to “exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare.”  Ill. Const. Art. VII, § 6(a). The only limits on a home rule unit’s autonomy are those imposed by the Constitution, or by the legislature exercising its authority to preempt home rule where it specifically declares its exercise to be exclusive. Ill. Const. Art. VII, § 6(i). A “home rule” unit is defined as a “County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000. . . .  Other municipalities may elect by referendum to become home rule units.” Ill. Const. Art. VII, § 6(a).

In Kalodimos v. Village of Morton Grove, 470 N.E.2d 266 (Ill. 1984), the Illinois Supreme Court upheld a municipal ordinance banning handguns as a permissible exercise of the city's home rule and police powers. The court emphasized that when the state enacts statutes that relate to the ownership, possession or sale of firearms, it does not preempt the field of firearms regulation, but permits local laws further regulating or restricting firearms. Id. at 276; see also City of Chicago v. Taylor, 774 N.E.2d 22 (1st Dist. 2002) (upholding Chicago's firearms registration ordinance as a permissible exercise of the City's home rule powers, "since the ordinance clearly pertains to the City's interest in reducing firearm-related deaths and injuries," and concluding that the ordinance was not preempted by any state regulation).

Moreover, municipal ordinances can impose regulations beyond those enacted by the county.  The Illinois Constitution states:  “If a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction.”  Ill. Const. Art. VII, § 6(c).

In Illinois Sporting Goods Ass’n v. County of Cook, 845 F.Supp. 582 (N.D. Ill. 1994), a federal court heard a challenge to the firearms dealers licensing provisions of Cook County’s Firearms Dealer's License and Assault Weapons Ban Ordinance (No. 190061).  In denying the challengers’ attack on the provisions based on Art. VII, § 6(a) of the Illinois Constitution (which grants to home rule units like Cook County the ability to exercise any and all powers to protect the health, safety, morals and welfare of the members of its community), the court noted that “reducing firearm violence among children” is an important governmental interest that the ordinance was designed to serve, and that the challengers failed to show that the licensing procedure constituted an “unreasonable method” to reduce firearm violence.  Illinois Sporting Goods Ass’n, 845 F.Supp. at 587-88.

Cook County is currently the only home rule county in Illinois. A county which is not a home rule unit can exercise only the powers expressly delegated by the legislature or those that arise by necessary implication from expressly delegated powers. See Bruer v. Livingston County Board of Zoning Appeals, 383 N.E.2d 1016 (4th Dist. 1978), citing Tavern Owners Association of Lake County, Illinois, Inc. v. County of Lake, 367 N.E.2d 748 (2d Dist. 1977). The Illinois Counties Code expressly delegates to counties only regulation of the discharge of firearms in unincorporated residential areas. 55 Ill. Comp. Stat. 5/5-1117.

Precipitated by the U.S. Supreme Court's ruling in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), handgun possession bans in several Illinois communities have been challenged. Note that while the Heller decision addresses the right to restrict handgun possession in the home under the Second Amendment, the decision has no effect on the interpretation in Kalodimos, or any other judicial opinion, regarding the scope of the authority granted to local governments in Illinois to regulate firearms generally. The Supreme Court left as an open question whether the Second Amendment applies to state and local governments.

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

 

Ammunition Regulation

Ammunition Sales Licensing/Regulation

Illinois does not license ammunition sellers.

No person may transfer firearm ammunition in Illinois unless the transferee displays a currently valid Firearm Owner's Identification Card. 430 Ill. Comp. Stat. 65/3.

License to Purchase/Possess

No person may acquire or possess firearm ammunition in Illinois without having in his or her possession a Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/2.

Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid FOID card and either his or her Illinois driver’s license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those two documents. Id.

Minimum Age to Purchase/Possess

Generally, a person must by 21 years of age to purchase or possess ammunition in Illinois. 430 Ill. Comp. Stat. 65/4(2)(i). A person under age 21 must have the written consent of a parent or legal guardian to purchase ammunition. Id.

 

Assault Weapons

No relevant statutes currently exist.

 

Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Illinois, all firearms transfers by licensed dealers are processed directly through the Department of State Police (DSP), which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). Federally licensed firearms dealers must contact the DSP for a background check before transferring any firearm. 430 Ill. Comp. Stat. 65/3.1. The DSP searches its criminal history record information files, the FBI and NICS databases, and the files of the Department of Human Services relating to mental health and developmental disabilities to verify that prospective purchasers are not prohibited from possessing a firearm. Id. The DSP must approve the transfer or inform the dealer of the applicant's ineligibility within the waiting periods set forth by state law, which are 24 hours for long guns and 72 hours for handguns. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g).

No person may acquire or possess any firearm, stun gun, taser, or ammunition in Illinois without having a valid Firearm Owner's Identification (FOID) card, issued by DSP. 430 Ill. Comp. Stat. 65/2(a)(1), (2). Various limited exceptions exist to the FOID card requirement for federal and state law enforcement, military and national guard personnel, and non-residents.  430 Ill. Comp. Stat. 65/2(b).  The FOID card process is designed to identify persons who, for various reasons in the public interest, are not qualified to acquire or possess firearms or ammunition.  430 Ill. Comp. Stat. 65/1.

The DSP must approve or deny all FOID card applications within 30 days from the date they are received.  430 Ill. Comp. Stat. 65/5.  The DSP may deny or revoke a FOID card under 430 Ill. Comp. Stat. 65/8 only if the DSP finds that the prospective purchaser is or was at the time of issuance:

  • An individual under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, or who does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a FOID card;

  • One convicted of a felony under the laws of Illinois or any other jurisdiction;

  • Addicted to narcotics;

  • A patient of a mental institution within the past 5 years; or has been adjudicated as a mental defective;

  • Impaired by a mental condition (defined as a state of mind manifested by violent, suicidal, threatening or assaultive behavior) of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

  • Mentally retarded;

  • One who intentionally makes a false statement on the FOID card application;

  • An alien unlawfully present in the United States under the laws of the United States (subject to certain exceptions, including aliens admitted to the U.S. for lawful hunting or sporting purposes, and foreign law enforcement officers in the U.S. on official business);

  • Subject to an existing order of protection prohibiting him or her from possessing a firearm;

  • One convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; 

  • One who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;

  • One who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;

  • Prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois state statute or by federal law;
  • A minor subject to a juvenile petition alleging that he or she is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or

  • An adult who had been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony.            

See the Illinois Licensing of Gun Purchasers/Owners section for additional rules regarding FOID cards.

Except at gun shows (see the Illinois Gun Shows section for more information on background check requirements at gun shows), private firearms sellers (i.e., persons who are not federally licensed) are not required to conduct background checks in Illinois, but all sellers must be presented with a prospective purchaser's FOID card. 430 Ill. Comp. Stat. 65/3(a). Federal and state purchaser prohibitions also apply to private firearms transfers. See the Illinois Private/Secondary Sales section for more information on private sellers.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Illinois Mental Health Reporting section.

Ballistic Fingerprinting

No relevant statutes currently exist.

 

Carrying Firearms

Carrying Concealed Firearms Prohibited

Illinois prohibits any person from knowingly carrying or possessing a firearm concealed on or about his or her person, except on his or her own land, abode or fixed place of business. 720 Ill. Comp. Stat. 5/24-1(a)(4). This prohibition does not apply to transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid Firearm Owner's Identification (FOID) card. Id. Various exceptions apply, including carrying firearms for hunting and target shooting. 720 Ill. Comp. Stat. 5/24-2.

Open Carrying/Exposed Firearms

Illinois prohibits any person from knowingly carrying or possessing a firearm upon any public lands within the corporate limits of a city, village or incorporated town, except on the person's own land or in his or her own home or fixed place of business, or except when invited therein or thereon, for the purpose of the display of such firearm or the lawful commerce in firearms. 720 Ill. Comp. Stat. 5/24-1(a)(10). The statute does not apply to transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid FOID card. Id. Persons are also prohibited from carrying or possessing a firearm in the shape or appearance of a wireless telephone. 720 Ill. Comp. Stat. 5/24-3.6.

Transportation of Firearms

Illinois prohibits any person from knowingly carrying or possessing a firearm in any vehicle except on the person's own home, land, or fixed place of business. 720 Ill. Comp. Stat. 5/24-1(a)(4). The statute does not apply, however, to the transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid FOID card. Id.

Child Access Prevention

Illinois prohibits any person from storing or leaving his or her firearm unlocked and accessible to a minor under the age of 14 if that person knows or has reason to believe that the minor under the age of 14 who does not have a Firearm Owner’s Identification (FOID) card is likely to gain access to the firearm and the minor causes death or great bodily harm with that firearm. 720 Ill. Comp. Stat. 5/24-9(a). This provision does not apply if the firearm is: 1) secured by a device, other than the firearm safety, designed to render the firearm temporarily inoperable; 2) placed in a securely locked box or container; or 3) placed in some other location that a reasonable person would believe to be secured from a minor under the age of 14. Id.

When a minor under the age of 21 legally acquires a FOID card by obtaining the permission of a parent or guardian, that parent or guardian becomes liable for civil claims for damages resulting from the minor's use of firearms or ammunition. 430 Ill. Comp. Stat. 65/4(c).

Dealer Regulations / Permitting

Illinois does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Illinois Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Illinois Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 1,747 federally licensed firearms dealers and pawnbrokers in Illinois. Federal firearms licensee totals for Illinois as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Disarming Prohibited Possessors

No relevant statutes currently exist.

 

Domestic Violence and Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Illinois prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

  • Was a current or former spouse, parent, or guardian of the victim;

  • Shares a child in common with the victim;

  • Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

  • Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Illinois retains some files on domestic violence convictions, but they are not part of a statewide network.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Prior to receiving a Firearm Owner’s Identification (FOID) card, an applicant must prove under 430 Ill. Comp. Stat. 65/4(2) that:

  • No order of protection currently prohibits him or her from possessing a firearm;

  • He or she has not been convicted within the past five years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

  • He or she has not been convicted of domestic battery or a substantially similar offense in another jurisdiction; and

  • He or she has not been convicted within the past five years of domestic battery or a substantially similar offense in another jurisdiction.

Federal law prohibits the purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser cohabits or has cohabitated. 18 U.S.C. § 921(a)(32).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Illinois retains some files on domestic violence protective orders, but such orders are not part of a statewide network.

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

When a complaint is made under an order of protection, the court may issue an order that any firearms in the possession of the respondent be turned over to the local law enforcement agency for safekeeping. Even if the respondent does not appear in court, the judge may have the guns taken away from the respondent. The period of safekeeping cannot exceed two years. At the end of two years the firearms can be returned to the respondent. 750 Ill. Comp. Stat. 60/214(b)(14.5).

For general information on the background check process and categories of prohibited purchasers or possessors, see the Illinois Background Checks section.

 

Gun Shows

All sellers are required to conduct background checks on prospective firearm purchasers at gun shows in Illinois. 430 Ill. Comp. Stat. 65/3(a-5). Any person who is not a licensed dealer who desires to transfer or sell a firearm at a gun show must first request the Department of State Police to conduct a background check on the prospective recipient. 430 Ill. Comp. Stat. 65/3(a-5). The Department of State Police must assign a unique identification number to the transfer, if approved, which is to be provided to the transferor. 430 Ill. Comp. Stat. 65/3.1(c). Approvals are valid for 30 days. 430 Ill. Comp. Stat. 65/3.1(d). The unique identification number must be recorded by the transferor on the record of the transfer, which (like all such transfer records) must be kept for 10 years. 430 Ill. Comp. Stat. 65/3(b).

"Gun show" is defined as "an event or function: 1) at which the sale and transfer of firearms is the regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or 2) at which not less than 10 gun show vendors display, offer, or exhibit for sale, sell, transfer, or exchange firearms." 430 Ill. Comp. Stat. 65/1.1. A gun show includes the entire premises provided for the event, including parking areas.

Non-residents of Illinois cannot purchase handguns at gun shows, but may buy rifles or shotguns and ammunition for such long guns if they are residents of Iowa, Missouri, Indiana, Wisconsin or Kentucky, or are residents of another state with a valid non-resident hunting license. 430 Ill. Comp. Stat. 65/3a(b). The non-residents of Illinois must not be otherwise prohibited by the laws of Illinois, their state of domicile, or federal law from purchasing or possessing such guns. Id. Non-residents who purchase firearms at gun shows are not subject to the statutory waiting periods. 720 Ill. Comp. Stat. 5/24-3(g).

See the Illinois Private/Secondary Sales section for other state laws that apply at gun shows.

Immunity Statute

Under 740 Ill. Comp. Stat. 130/5(b), owners or operators of firearm ranges in existence on January 1, 1994 are not subject to any action for public or private nuisance or trespass, and no court shall enjoin the use or operation of a firearm range on the basis of noise or sound emissions resulting from the normal use of the firearm range. 740 Ill. Comp. Stat. 130/5(c) provides that owners or operators of firearm ranges placed in operation after January 1, 1994 are not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range, if the firearm range conforms to any one of the following requirements:

  • All areas from which a firearm may be properly discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property;

  • All areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use;

  • If the firearm range is situated on land otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority;

  • The firearm range is operated by a governmental entity or is licensed by the Department of Natural Resources; or

  • The firearm range met the requirements of 740 Ill. Comp. Stat. 130/5(c)(1) (first bullet, above) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.

In 2004, the Illinois Supreme Court ruled against the plaintiffs in two cases against the firearms industry, City of Chicago v. Beretta Corp., 821 N.E.2d 1099 (Ill. 2004), brought by the City of Chicago and Cook County, and Young v. Bryco Arms, 821 N.E.2d 1078 (Ill. 2004), brought by private plaintiffs. In both cases the Illinois Supreme Court reversed lower court decisions and held that the plaintiffs could not pursue public nuisance claims under Illinois law.

Plaintiffs made similar allegations in both cases: plaintiffs asserted public nuisance claims against various gun manufacturers, distributors and dealers, claiming that their marketing and distribution practices intentionally and unreasonably interfered with the public's right to use Chicago's streets and other public areas without fear for their lives or the risk of injury. Plaintiffs claimed that the defendants were responsible for intentionally creating and maintaining a public nuisance—an underground market of firearms—in which defendants marketed and sold handguns made to appeal to juveniles and criminals. Further, plaintiffs claimed these manufacturers and distributors intentionally created and fostered an environment that encouraged purchasers to illegally transport handguns into Chicago and flood that market with such weapons. Chicago bans the possession and sale of handguns.

The Illinois Supreme Court rejected plaintiffs' claims in their entirety, holding that plaintiffs failed to state a claim for public nuisance against the defendants. The court concluded that the manufacturer and distributor defendants owed no duty to the City of Chicago or its residents to prevent the defendants' firearms from ending up in the hands of criminals. With respect to the dealer defendants, the court found that these defendants could not be legally responsible for the alleged nuisance which resulted from the intervening criminal acts of third parties (i.e., the shooters) over whom the defendants had no control. The court also cited "strong public policy reasons" in favor of deferring the matter of regulating the manufacture, distribution and sale of firearms to the legislature. In a strongly-worded concurrence in the Young case, five of seven justices described the plaintiffs' factual allegations as "disturbing," and urged the Illinois legislature to address the issue. The plaintiffs’ petition for rehearing in the City of Chicago v. Beretta Corp. case was denied. City of Chicago v. Beretta Corp., 2005 Ill. LEXIS 12 (Ill. Jan. 24, 2005).

To read the Supreme Court's opinion in Young v. Bryco Arms, click here. To read the opinion in City of Chicago v. Beretta Corp., click here.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

 

Junk Guns / Saturday Night Specials

Illinois prohibits any federally licensed firearms dealer, manufacturer, importer, or pawnbroker from manufacturing, selling or delivering to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other non-homogeneous metal that will melt or deform at a temperature of less than 800 degrees Fahrenheit. 720 Ill. Comp. Stat. 5/24-3(A)(h). This prohibition does not apply to private/secondary sales (i.e., transfers by non-firearms dealers). Id.

In addition to the aforementioned statute regulating junk guns, the Illinois Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. 505/1 et seq. For further details, view the report "The Illinois Attorney General's Authority to Promulgate Handgun Safety Regulations Under the Consumer Fraud and Deceptive Business Practices Act," prepared by Legal Community Against Violence and the Firearms Law Center, in collaboration with Illinois Lawyers of Legal Community Against Violence, the Chicago Lawyers' Committee for Civil Rights Under Law, Inc. and the MacArthur Justice Center in 2003.

For general information on the authority of state attorneys general to regulate firearm safety, see also "Targeting Safety" issued by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence).

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

 

Licensing of Gun Purchasers / Owners

         Firearm Owner’s Identification (FOID) card

Generally, no person may acquire or possess any firearm or ammunition in Illinois without a valid Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/2(a)(1), (2). See the Illinois Background Checks section for details on the requirements for obtaining a FOID card.

         Disclosure or Use of Information

There are no specific laws relating to the disclosure or use of information collected from licensees and applicants. 

         Duration and Renewal

FOID cards are valid for a period of ten years from the date of issue. 430 Ill. Comp. Stat. 65/7. Sixty days prior to the expiration of a FOID card, the Department of State Police provides written notice to the card holder of the expiration and an application for renewal. 430 Ill. Comp. Stat. 65/13.2. The holder of a FOID card is obligated to notify the Department of State Police of an address change following the issuance of the FOID card. Id.

         Fee

The license fee for a FOID card is $10.00. 430 Ill. Comp. Stat. 65/5.

         Location Limits

No person may carry or possess a firearm in any place which is licensed to sell alcoholic beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. 720 Ill. Comp. Stat. 5/24-1(a)(8). Certain firearms violations, including carrying concealed weapons, use of silencers, sawed-off shotguns, and machine guns, are subject to enhanced penalties when committed in or within 1,000 feet of a school, public housing development, public park or courthouse. 720 Ill. Comp. Stat. 5/24-1(c).

         Reciprocity

An Illinois resident with a valid FOID card who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase a long gun and ammunition for a long gun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. 430 Ill. Comp. Stat. 65/3a(a). Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non resident with a valid non resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a long gun or ammunition for a long gun in Illinois. 430 Ill. Comp. Stat. 65/3a(b).

Any resident may purchase ammunition from a person outside of Illinois, provided the purchaser provides the seller with a copy of his or her FOID card and Illinois driver's license. 430 Ill. Comp. Stat. 65/3(b-5).

Locking Devices

Illinois prohibits firearms dealers from selling or offering for sale a handgun unless the dealer includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. 720 Ill. Comp. Stat. 5/24-9.5(a). This may include an external device that is attached to the handgun with a key or combination lock, or an integrated mechanical safety, disabling or locking device. Id. This requirement does not apply to sales by private sellers.

 

Minimum Age to Purchase / Possess

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, however, which the FBI uses to perform background checks prior to firearm transfers.

In Illinois, at the time an individual is found to be a “mental defective,” the court must notify the Department of State Police (DSP), Firearm Owner's Identification Department. 430 Ill. Comp. Stat. 65/3.1(e)(2). The DSP and the Department of Human Services must then report to the Federal Bureau of Investigation in accordance with its general obligation to report prohibited persons. Id. DSP must report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the FOID Card Act or 18 U.S.C. 922(g) and (n) to the NICS Denied Persons Files. 430 Ill. Comp. Stat. 65/3.1(e)(2).

Under 430 Ill. Comp. Stat. 65/1.1 the term “[h]as been adjudicated as a mental defective” means the person is the subject of a determination by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:

  • Is a danger to himself, herself, or to others;

  • Lacks the mental capacity to manage his or her own affairs;

  • Is not guilty in a criminal case by reason of insanity, mental disease or defect;

  • Is incompetent to stand trial in a criminal case; or

  • Is not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. §§ 850a, 876b.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Illinois retains some mental health files, but such information is not part of any statewide network.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Illinois Background Checks section.

 

Minimum Age to Purchase / Possess

Illinois prohibits any person under the age of 18 from possessing a concealable firearm. 720 Ill. Comp. Stat. 5/24-3.1(a)(1). State law also prohibits any person from knowingly selling a concealable firearm to any person under the age of 18. 720 Ill. Comp. Stat. 5/24-3(A)(a). Pursuant to federal law, however, federally licensed firearms dealers are prohibited from knowingly selling a concealable firearm to anyone under the age of 21. 18 U.S.C. § 922(b)(1).

In addition, it is unlawful for a person to knowingly sell or give any firearm to anyone who does not hold a valid Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/3(a). To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. 430 Ill. Comp. Stat. 65/4(a)(2)(i). Further, the parent or legal guardian must not be prohibited from obtaining a FOID card. Id. Persons under the age of 21 do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent. 430 Ill. Comp. Stat. 65/4(a)(2)(i).

Persons under the age of 18 may purchase or possess long guns if they have lawfully obtained a FOID card. 720 Ill. Comp. Stat. 5/24-3.1(a)(1); 430 Ill. Comp. Stat. 65/3(a), 65/4.

Multiple Purchases/Sales of Firearms

No relevant statutes currently exist.

 

Personalized / Smart Guns

No relevant statutes currently exist.

 

Secondary / Private Sales

Except at gun shows (see the Illinois Gun Shows section for more information on background checks at gun shows), private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Illinois, although federal and state purchaser prohibitions still apply. See the Illinois Background Checks section.

All persons are prohibited by state law from knowingly selling firearms or ammunition to persons who are ineligible to possess a firearm or who do not hold a Firearm Owner's Identification (FOID) card. 720 Ill. Comp. Stat. 5/24-3. Similarly, no person may knowingly transfer any firearm or ammunition unless the transferee displays a valid FOID card. 430 Ill. Comp. Stat. 65/3(a). Any person who transfers a firearm also must keep records of all such transfers for a period of 10 years. 430 Ill. Comp. Stat. 65/3(b). In addition, all firearms sellers must abide by statutory waiting periods. 720 Ill. Comp. Stat. 5/24-3(A)(g).

Registration of Guns

No relevant statutes currently exist.

Waiting Period

No relevant statutes currently exist.

Waiting Period

Illinois prohibits any person from delivering a firearm prior to the expiration of the statutory waiting periods, which are 24 hours for long guns and 72 hours for handguns. 720 Ill. Comp. Stat. 5/24-3(A)(g). The Department of State Police must approve the transfer or inform the dealer of the applicant's ineligibility within these time periods. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g). The waiting periods begin to run at the time an application to purchase the firearm is made. Id. "Application" is defined to mean "when a buyer and seller reach an agreement to purchase a firearm." Id. Non-residents of Illinois who purchase long guns at gun shows are not subject to these waiting periods. Id.

State Resources
Bureau of Alcohol, Tobacco, Firearms and Explosives, Chicago Field Division (IL)
Illinois Attorney General
Illinois Council Against Handgun Violence
LCAV Project: Illinois Campaign to Prevent Gun Violence

 
Questions/Comments about this site? Copyright© 2009 Legal Community Against Violence Legal Disclaimer