Illinois

Summary of State Firearms Law

Last updated September 20, 2010.

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.

Overview

In the publication Gun Laws Matter: A Comparison of State Firearms Laws and Statistics, LCAV ranked each state based on a review of state laws in 25 different firearms-related policy areas.  Illinois ranked 6th out of 50 – having some of the strongest gun laws in the country.  Among other things, Illinois:

• Requires that any person obtain a license (a Firearm Owner’s Identification, or FOID, card) to purchase or possess firearms and ammunition.  The licensing process requires a detailed background check on the prospective FOID cardholder;

• Prohibits the carrying of concealed handguns in public;

• Prohibits the open carrying of firearms in public;

• Imposes waiting periods between the purchase and actual transfer of a firearm to a purchaser – 24 hours for long guns and 72 hours for handguns;

• Has implemented some design safety standards for handguns and has equipped the state attorney general with the authority to adopt detailed standards for handguns;

• Requires that all prospective firearms purchasers at gun shows undergo a background check before being transferred a firearm – from both federally licensed sellers and private sellers;

• Requires that firearms dealers include a locking device with the transfer of a handgun; and

• Imposes child access prevention requirements upon gun owners.

Illinois does not, however:

• License or otherwise regulate firearms dealers;

• Require firearm owners to register their firearms;

• Prohibit the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Impose restrictions on purchases or sales of multiple firearms;

• Require that gun owners report to law enforcement the loss or theft of a firearm; or

• Regulate private firearm transfers beyond such transfers at gun shows.

Statistics

Gun Deaths in Illinois

In 2007, 1,032 people died from firearm-related injuries in Illinois.¹

            Crime Guns in Illinois

In 2008, Illinois ranked 45th among the states in terms of number of crime guns supplied to other states per capita.²

In 2009, 12,554 firearms were recovered in Illinois and traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these firearms, 3,555 were originally sold by gun dealers in Illinois.³

Number of Federally Licensed Firearms Dealers in Illinois

There are 1,766 federally licensed firearms dealers and pawnbrokers in Illinois.⁴

State "Right to Bear Arms"

The Illinois Constitution provides for the keeping and bearing of arms, but permits broad firearm-related regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Illinois law grants broad authority to local jurisdictions to regulate firearms. See State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

In Illinois, 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 the Illinois Department of State Police (DSP).⁵ Various limited exceptions exist to the FOID card requirement for federal and state law enforcement, military and national guard personnel, and non-residents.⁶  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.⁷

The DSP may deny, or revoke and seize, a FOID card only if the DSP finds that the current or prospective card holder is (or was at the time of issuance):

• A person 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 ammunition, or whose parent or guardian has revoked such written consent, or whose parent or guardian does not qualify to have a FOID card;

• A person who has been 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 five 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 made a false statement on the FOID card application;

• An alien unlawfully present in the United States under the laws of the United States;

• An alien admitted to the United States under a non-immigrant visa (subject to certain exceptions, including aliens admitted to the U.S. under a non-immigrant visa for lawful hunting or sporting purposes, official representatives of foreign governments, and foreign law enforcement officers in the U.S. on official business);

• A person 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;

• A person convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;

• A person convicted within the past five years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;

• Prohibited from acquiring or possessing firearms or ammunition by any Illinois state statute or 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.⁸

Illinois law also restricts sales to young people.

Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks in Illinois, except at gun shows (see the Illinois Gun Shows section for further information).  Federal and state purchaser prohibitions still apply. See the Illinois Private Sales section.

For information on the background check process used to enforce these provisions, see the Illinois Background Checks section.

Minimum Age to Purchase / Possess

Illinois prohibits any person under age 18 from possessing a handgun.⁹ 

The minimum age for possession of a handgun is age 21.¹⁰  Generally, the minimum age for possession of a long gun is also age 21.¹¹

Illinois prohibits any person from knowingly transferring a firearm to any person who does not hold a FOID card.¹² 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.¹³  Further, the parent or legal guardian must not be prohibited from obtaining a FOID card.¹⁴ Persons under age 21 do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent.¹⁵

State law also prohibits any person from knowingly transferring a concealable firearm to any person under age 18.¹⁶ Note that pursuant to federal law, however, federally licensed firearms dealers are prohibited from knowingly selling a concealable firearm to anyone under the age of 21.¹⁷

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Domestic Violence & Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

Illinois requires that a person have a Firearm Owner’s Identification (FOID) card to purchase or possess firearms or ammunition.¹⁸  An applicant will be denied a FOID card, and a holder of a previously-issued FOID card will have his or her card revoked and seized, if such person:

• Has been convicted of domestic battery in Illinois or a substantially similar offense in another jurisdiction committed on or after January 1, 1998; or¹⁹

• Has been convicted within the past five years of domestic battery in Illinois or a substantially similar offense in another jurisdiction committed before January 1, 1998.²⁰

Applicants for a FOID card also must not:

• Have a conviction within the past five years for 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;

• Have a conviction for domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998; or

• Have a conviction within the past five years for domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998.²¹

Domestic battery under Illinois law is the intentional or knowing, without legal justification, causing of bodily harm to, or making physical contact of an insulting or provoking nature with any family or household member.²²  “Family or household members” include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and certain caregivers.²³

In addition to the aforementioned prohibitions, a FOID card will be denied or revoked if the applicant or cardholder is prohibited from acquiring or possessing firearms or ammunition by federal law.²⁴  Federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.”²⁵ 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.²⁶

In Illinois, upon conviction of domestic battery, the court shall advise the defendant orally or in writing that, “[a]n individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9)).”²⁷

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

The Illinois Department of State Police (DSP) must deny an application for, or revoke and seize, a FOID card (thereby prohibiting such person from purchasing or possessing a firearm or ammunition), if DSP finds that the applicant or cardholder is or was at the time of issuance subject to an existing order of protection.²⁸

Moreover, a FOID card applicant will be denied a card, and a holder of a previously-issued FOID card will have his or her card revoked and seized, if he or she is prohibited from acquiring or possessing firearms or ammunition by any federal law.²⁹  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.³⁰

Prior to receiving a FOID card, an applicant must prove that he or she is not subject to an existing order of protection prohibiting him or her from possessing a firearm or ammunition.³¹

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

Orders of protection in circumstances where a respondent has threatened or is likely to use firearms illegally against the petitioner may require, at the court’s satisfaction that there is any danger of the illegal use of firearms, that any firearms in the possession of the respondent, as well as the respondent’s FOID card, be turned over to the local law enforcement agency for safekeeping.³² The period of safekeeping shall be for a period stated in the order, not to exceed two years. The firearm or firearms and FOID card shall be returned to the respondent at the end of the stated period or at expiration of the order of protection, whichever is sooner.³³

Upon expiration of the period of safekeeping, if the firearms or FOID card cannot be returned to respondent because respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency the court may order the agency to destroy the firearms, use the firearms for training purposes or for any other application as deemed appropriate by the agency, or turn the guns over to a third party lawfully eligible to possess firearms who does not reside with respondent.³⁴

For respondents who are peace officers, the court must order that any firearms used by the respondent in the performance of his or her duties be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who is required to retain the firearms for safekeeping for the stated period in the court order, not to exceed two years.³⁵

Protective orders protect the following classes of persons:

• Any person abused by a family or household member;

• Any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member;

• Any minor child or dependent adult in the care of such person; and

• Any person residing or employed at a private home or public shelter which is housing an abused family or household member.³⁶

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Illinois requires law enforcement to seize and remove firearms at the scene of a domestic violence incident.³⁷  A firearm must be returned to its owner when no longer needed as evidence.³⁸

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

See Regulating Guns in America: Domestic Violence and Firearms for a comprehensive discussion of this issue.

Disarming Prohibited Persons

Domestic Violence Protective Orders

For circumstances when the surrender of firearms are required pursuant to a court’s domestic violence protective order, see the “Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued” subsection of the Illinois Domestic Violence and Firearms section.

Admission to Mental Health Facilities

Any mental hospital that admits a person as an inpatient pursuant to the Mental Health and Developmental Disabilities Code must confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization.³⁹ The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency, and give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.  The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days, and then dispose of the firearm after that period pursuant to state law.⁴⁰

Sales & Transfers

Background Checks

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Illinois is a point of contact state for the NICS.⁴¹  Federally licensed firearms dealers must contact the Illinois Department of State Police (DSP) for a background check before transferring any firearm.⁴² 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.⁴³ 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.⁴⁴

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 Firearm Owner’s Identification card.⁴⁵  Federal and state purchaser prohibitions also apply to private firearms transfers. See the Illinois Private Sales section for more information on private sellers.

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Mental Health Reporting

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”⁴⁶ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

Illinois requires the Illinois Department of State Police (DSP) and the Illinois Department of Human Services to enter into a memorandum of understanding with the FBI for the purpose of implementing NICS.⁴⁷  The DSP must report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to Illinois or federal law to the NICS Denied Persons File.⁴⁸  Court clerks, the Department of Human Services, and all public or private hospitals and mental health facilities are required to inform the DSP of any such individual.⁴⁹  The information disclosed is deemed privileged and confidential, and must be provided in such a way as to guarantee that no information is released beyond what is necessary to determine the eligibility of the person to possess a firearm.⁵⁰

Illinois requires applicants for Firearm Owner’s Identification (FOID) cards to waive confidentiality and authorize disclosure of mental health information for the sole purpose of determining whether the applicant is or was a patient in a mental health institution and thus disqualified on that basis from receiving a FOID card.⁵¹  A FOID card applicant over age 18 also must provide the DSP with either his or her driver’s license or Illinois Identification Card number.⁵²

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

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Multiple Purchases / Sales of Firearms

Illinois imposes no restrictions on purchases or sales of multiple firearms.

See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

Licensed dealers and private sellers must retain firearm sales records for a minimum of 10 years.⁵³

Sellers of concealable firearms, other than manufacturers selling to bona fide wholesalers or retailers, or wholesaler selling to a bona fide retailer, are required to keep a register of all firearms sold or given away.⁵⁴ The register must contain the date of the sale or gift, the name, address, age and occupation of the person to whom the gun was sold or given, the price of the gun, the kind, description and number of the weapon, and the purpose for which it was obtained.⁵⁵  Such sellers are required to produce the register for inspection, upon the demand of a peace officer, and allow the officer to inspect the register and all stock on hand.⁵⁶ 

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Waiting Periods

Illinois prohibits any person from delivering a firearm prior to the expiration of statutory waiting periods, which are 24 hours for long guns and 72 hours for handguns.⁵⁷  For transfers through licensed dealers and at gun shows, the Illinois Department of State Police must approve the transfer or inform the dealer of the applicant's ineligibility within these time periods.⁵⁸  The waiting periods begin to run at the time an application to purchase the firearm is made.  "Application" is defined to mean "when a buyer and seller reach an agreement to purchase a firearm."  Non-residents of Illinois who purchase long guns at gun shows are not subject to these waiting periods.⁵⁹

Gun Dealers & Other Sellers

Dealer Regulations

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Illinois has no law requiring firearms dealers to obtain a state license or permit.  However, firearms dealers are subject to state laws governing gun sales generally.

For laws requiring dealers to conduct a background check on prospective firearm purchasers, see the Illinois Background Checks section as well as the section entitled Illinois Prohibited Purchasers Generally.

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Private Sales

Except at gun shows (see the Illinois Gun Shows section), 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.⁶⁰  Similarly, no person may knowingly transfer any firearm or ammunition unless the transferee displays a FOID card.⁶¹  Any person who transfers a firearm also must keep records of all such transfers for a period of 10 years.⁶²  In addition, all firearms sellers must abide by statutory waiting periods.⁶³

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

Gun Shows

All sellers are required to conduct background checks on prospective firearm purchasers at gun shows in Illinois.⁶⁴ Any person who is not a licensed dealer who desires to transfer or sell a firearm at a gun show must first request that the Illinois Department of State Police (DSP) conduct a background check on the prospective recipient.⁶⁵ The DSP must assign a unique identification number to the transfer, if approved, which is to be provided to the transferor.⁶⁶ Approvals are valid for 30 days.⁶⁷ The unique identification number must be recorded by the transferor on the record of the transfer, which (like all transfer records) must be kept for a minimum of 10 years.⁶⁸

"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.⁶⁹  A gun show includes the entire premises provided for the event, including parking areas.⁷⁰

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.⁷¹  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.⁷²  Non-residents who purchase firearms at gun shows are not subject to the statutory waiting periods.⁷³

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

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Immunity Statutes

In Illinois, 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.⁷⁴  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 1,000-yard restriction described in the first bullet point, 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.⁷⁵

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 state 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. At the time of the lawsuits, Chicago banned the possession of handguns.  Chicago bans the 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 City of Chicago v. Beretta Corp. was denied. City of Chicago v. Beretta U.S.A. Corp., 2005 Ill. LEXIS 12 (Ill. Jan. 24, 2005).

To read the Illinois Supreme Court’s opinion in Young v. Bryco Arms, click here; for the court’s opinion in City of Chicago v. Beretta U.S.A. 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.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

Carrying Concealed Weapons

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, fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission.⁸⁹  Illinois also prohibits any person from carrying or possessing a firearm on or about the 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 or lawful commerce of a firearm, or when on his or her land or in his or her own abode, legal dwelling, fixed place of business, or the land or legal dwelling of another person as an invitee with that person's permission.⁹⁰

These prohibitions do not apply to the carrying 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.⁹¹  Various additional exceptions apply, including carrying firearms for hunting and target shooting.⁹²

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

Open Carrying

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, in his or her own home or fixed place of business, on the land or in the legal dwelling of another person as an invitee with that person's permission, or when invited on public lands for the purpose of the display of a firearm or the lawful commerce in firearms.⁹³ 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.⁹⁴  Various additional exceptions apply, including open carrying for hunting and target shooting.⁹⁵

Location Restrictions

Guns in Vehicles

Illinois prohibits any person from knowingly carrying or possessing a firearm in any vehicle except on the person's own home, land, fixed place of business or on the land or in the legal dwelling of another person as an invitee with that person's permission.⁹⁶  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 valid FOID card.⁹⁷

Guns in Schools

Elementary & Secondary Schools

Illinois prohibits the knowing possession or carrying of any firearm on or about the person in any public or private elementary or secondary school, on the person or in a vehicle on the real property of any school, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity, or on the person or in a vehicle on any public way within 1,000 feet of the real property comprising a school.⁹⁸

This prohibition is subject to various exceptions, including possession in any vehicle or concealed on or about the person when transported: 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 who has a valid FOID card.⁹⁹

Illinois also prohibits the knowing sale or gift, within any school, on the real property of a school, within 1,000 feet of the real property comprising a school, at a school- related activity, or on or within 1,000 feet of any conveyance owned, leased or contracted by a school or school district to transport students to or from school or a school- related activity, of:

• Any concealable firearm to any person under age 18;

• Any firearm to a person under age 21 who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent; or

• A firearm to a person under age 18 who does not possess a valid FOID card.¹⁰⁰

Finally, state law prohibits any person age 18 or older from selling, giving or delivering any firearm to any person under age 18 in any public or private elementary or secondary school, or on the real property comprising any such school.¹⁰¹

In Illinois, a school board must expel a student who possessed a firearm or other weapon at school, any school-sponsored activity or event, or any activity or event which bears a reasonable relationship to school, for not less than one year.¹⁰²  The expulsion period may be modified by the superintendent, and the superintendent's determination may be modified by the board, on a case-by-case basis.  A student subject to suspension or expulsion may be eligible for a transfer to an alternative school program.¹⁰³

Colleges & Universities

Illinois prohibits the knowing possession or carrying of any firearm on or about the person in any community college, college, or university, on the person or in a vehicle on the real property comprising any such school, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity, or on the person or in a vehicle on any public way within 1,000 feet of the real property comprising such a school.¹⁰⁴

This prohibition is subject to several exceptions, including possession for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities.¹⁰⁵  The possession of a firearm by a FOID card holder is allowed in any vehicle or concealed on or about the person when transported: 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.¹⁰⁶

Illinois prohibits any person age 18 or older from selling, giving or delivering any firearm to any person under age 18 in any community college, college or university, or on the real property comprising any such school.¹⁰⁷

See LCAV’s policy page on Guns in Schools for further information.

Other Location Restrictions

Illinois generally prohibits the possession of a firearm in or on the real property of a public park, courthouse, any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse or public transportation facility.¹⁰⁸  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 park or courthouse.¹⁰⁹

Illinois also prohibits the carrying or possession of firearms in any location 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.¹¹⁰

Illinois has no specific statutory gun possession prohibitions in or at:

• Hospitals;

• Places of worship;

• Sports arenas;

• Gambling facilities; or

• Polling places.

Consumer & Child Safety

Design Safety Standards for Handguns

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.¹¹¹  This prohibition does not apply to private/secondary sales (i.e., transfers by non-firearms dealers).¹¹²

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).

See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

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.¹¹³  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.  This requirement does not apply to sales by private sellers.¹¹⁴

See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Personalized / Owner-Authorized Firearms

Illinois does not require firearms to be personalized.

See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

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.¹¹⁵  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 14.¹¹⁶ The prohibition also is inapplicable to any firearm obtained by a minor because of an unlawful entry of the premises by the minor or another person, or if the minor gains access to a firearm and uses it in a lawful act of self-defense or defense of another.¹¹⁷

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.¹¹⁸

See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Classes of Weapons / Ammunition

Assault Weapons

Illinois has no law regulating assault weapons.

See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Illinois has no law regulating large capacity ammunition magazines.

See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Illinois has no law regulating fifty caliber rifles.

See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

Illinois prohibits the knowing sale, manufacture, purchase, possession or carrying of a machine gun.¹¹⁹  Illinois defines a machine gun as “any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon.” 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, also constitutes a machine gun for purposes of these prohibitions.¹²⁰

Illinois also provides various penalties for the aggravated discharge of a machine gun.¹²¹

See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

Illinois treats certain non-powder guns as firearms, defining high-power and/or large caliber non-powder guns as firearms and thus making all purchase, possession and transfer requirements under state law applicable to these guns.  Illinois excludes from the definition of firearms non-powder guns of 18 caliber or less with a muzzle velocity of less than 700 feet per second.¹²²

See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Ammunition Regulation

Ammunition Sales Licensing/Regulation

No person may transfer firearm ammunition in Illinois unless the transferee displays a currently valid Firearm Owner's Identification (FOID) card.¹²³

Illinois does not license ammunition sellers.

License to Purchase/Possess Ammunition

Illinois requires residents to obtain a FOID card before they can lawfully purchase or possess ammunition.¹²⁴

For detailed information on the requirements for a FOID card, see the Illinois Licensing of Gun Owners or Purchasers section.

Any resident may purchase ammunition from a person outside of Illinois.¹²⁵  Any resident purchasing ammunition outside the state 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.

Persons Prohibited from Purchasing/Possessing Ammunition

Illinois prohibit the purchase or possession of ammunition by the same categories of persons who are ineligible to purchase or possess firearms under state law.¹²⁶

Federal ammunition purchaser prohibitions also apply.

Minimum Age to Purchase/Possess Ammunition

Illinois generally prohibits persons under age 21 from obtaining a FOID card, which is required to purchase or possess ammunition.¹²⁷ A person under age 21 must have the written consent of a parent or legal guardian to purchase ammunition.¹²⁸

Safe Storage of Ammunition

Ammunition kept or stored in child day care facilities, foster homes or similar locations must be kept in locked storage separate from firearms and inaccessible to children.¹²⁹

Regulation of Unreasonably Dangerous Ammunition

Illinois prohibits the knowing manufacture, sale, purchase, possession, or carrying of any armor-piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.¹³⁰

Illinois also bans the knowing manufacture, sale, offer of sale, or other transfer of any bullet or shell which is represented to be an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell.¹³¹

Illinois prohibits the reckless use or discharge of an armor-piercing bullet, flechette shell, dragon’s breath shell or bolo shell.¹³²  The state also prohibits the possession, concealed on or about the person, of an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.¹³³

Illinois prohibits the sale, manufacture or acquisition and possession of exploding ammunition.¹³⁴  "Explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.¹³⁵

Federal law also prohibits certain kinds of armor-piercing ammunition.

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Illinois has no law regarding firearm microstamping or ballistic identification.

See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Illinois prohibits any person from knowingly purchasing or attempting to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.¹³⁶  In addition, the state prohibits intentionally providing false or misleading information on a Bureau of Alcohol, Tobacco, Firearms and Explosives transaction record to purchase or attempt to purchase a firearm.¹³⁷

The state prohibits forging or materially altering a Firearm Owner’s Identification (FOID) card, as well as the knowing possession of a forged or materially altered FOID card with intent to use it to purchase firearms and ammunition.¹³⁸

Illinois requires that the Illinois Department of State Police (DSP) report to local law enforcement the name and address of a person attempting to purchase a firearm who is disqualified from doing so.¹³⁹

Illinois prohibits the crime of “gunrunning,” which is the transfer of three or more firearms in violation of specified crimes involving the unlawful sale of firearms under 720 Ill. Comp. Stat. 5/24-3.¹⁴⁰  While gunrunning is a Class I felony, the penalties increase to a Class X felony if the transfer involves 11-19 firearms, with an additional penalty increase if the transfer involves more than 20 guns.¹⁴¹

Illinois prohibits any person from knowingly or intentionally altering, changing, removing or obliterating the name of the importer's or manufacturer's serial number on any firearm.¹⁴²  Possession of a firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated is also prohibited.¹⁴³

Other Significant Statutes

Firearm Tracing – Firearm tracing involves the systematic tracking of firearms from manufacturer to purchaser for the purpose of aiding law enforcement in identifying firearm ownership and persons suspected of being involved in criminal activity. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is the sole federal agency responsible for tracing firearms used in crimes and recovered at crime scenes.

Local law enforcement are required by state law, upon recovering a firearm that was used in the commission of any felony offense or upon recovering a firearm that appears to have been lost, mislaid, stolen or otherwise unclaimed, to use the best available information, including a firearms trace when necessary, to determine prior ownership of the firearm.¹⁴⁴  Upon recovering a firearm from the possession of any person who is not permitted by federal or state law to possess a firearm, local law enforcement must use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm.¹⁴⁵

When appropriate, local law enforcement are required to use ATF’s National Tracing Center for these purposes.¹⁴⁶

Local law enforcement agencies are also required to utilize the Illinois Department of State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies.¹⁴⁷

State Links

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

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2009: Illinois, http://www.atf.gov/statistics/download/trace-data/2009/2009-trace-data-illinois.pdf.

^4. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, List of Federal Firearms Licensees (July 2010), Illinois, at http://www.atf.gov/about/foia/ffl-list.html.

^5. 430 Ill. Comp. Stat. 65/2(a)(1), (2).

^6. 430 Ill. Comp. Stat. 65/2(b).

^7. 430 Ill. Comp. Stat. 65/1.

^8. 430 Ill. Comp. Stat. 65/8.

^9. 720 Ill. Comp. Stat. 5/24-3.1(a)(1).

^10. 430 Ill. Comp. Stat. 65/4(a)(2)(i);  720 Ill. Comp. Stat. 5/24-3.1(a)(2).

^11. Certain persons under age 21 may purchase or possess long guns if they have lawfully obtained a Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/3(a), 65/4(a)(2)(i).

^12. 430 Ill. Comp. Stat. 65/3(a).

^13. 430 Ill. Comp. Stat. 65/4(a)(2)(i).

^14. Id.

^15. 430 Ill. Comp. Stat. 65/4(a)(2)(i).

^16. 720 Ill. Comp. Stat. 5/24-3(A)(a).

^17. 18 U.S.C. § 922(b)(1).

^18. 430 Ill. Comp. Stat. 65/2(a)(1), (2).

^19. 430 Ill. Comp. Stat. 65/8(l).

^20. 430 Ill. Comp. Stat. 65/8(m).

^21. 430 Ill. Comp. Stat. 65/4(a)(2)(viii), (ix), (x).

^22. 720 Ill. Comp. Stat. 5/12-3.2(a)(1)(2).

^23. 725 Ill. Comp. Stat. 5/112A-3(3).

^24. 430 Ill. Comp. Stat. 65/8(n).

^25. 18 U.S.C. § 922(g)(9).

^26. 18 U.S.C. § 921(a)(33).

^27. 720 Ill. Comp. Stat. 5/12-3.2(d).  A notation must be made in the court file that this admonition was given.

^28. 430 Ill. Comp. Stat. 65/8.2.

^29. 430 Ill. Comp. Stat. 65/8(n).

^30. 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 cohabited. 18 U.S.C. § 921(a)(32).

^31. 430 Ill. Comp. Stat. 65/4(a)(2)(vii).

^32. 725 Ill. Comp. Stat. 5/112A-14(b)(14.5)(a); 750 Ill. Comp. Stat. 60/214(b)(14.5)(a).

^33. Id., 725 Ill. Comp. Stat. 5/112A-14(b)(14.5)(a).

^34. 725 Ill. Comp. Stat. 5/112A-14(b)(14.5)(c); 750 Ill. Comp. Stat. 60/214(b)(14.5)(c).

^35. 725 Ill. Comp. Stat. 5/112A-14(b)(14.5)(b); 750 Ill. Comp. Stat. 60/214(b)(14.5)(b).

^36. 750 Ill. Comp. Stat. 60/201(a).

^37. 725 Ill. Comp. Stat. 5/112A-30(a)(2); 750 Ill. Comp. Stat. 60/304(a)(2).

^38. 725 Ill. Comp. Stat. 5/112A-30(c); 750 Ill. Comp. Stat. 60/304(c).

^39. 720 Ill. Comp. Stat. 5/24-6(c).

^40. Id.

^41. 430 Ill. Comp. Stat. 65/3.1(e)(1).

^42.430 Ill. Comp. Stat. 65/3.1, Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 30 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^43. Id.

^44. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g).

^45. 430 Ill. Comp. Stat. 65/3(a).

^46. 18 U.S.C. § 922(d)(4).

^47. 430 Ill. Comp. Stat. 65/3.1(e)(2).

^48. Id.

^49. 740 Ill. Comp. Stat. 110/12(b); 430 Ill. Comp. Stat. 65/8.1(b).

^50. 740 Ill. Comp. Stat. 110/12(b).

^51. 430 Ill. Comp. Stat. 65/4(a)(3).

^52. 430 Ill. Comp. Stat. 65/4(a-5).

^53. 430 Ill. Comp. Stat. 65/3(b).

^54. 720 Ill. Comp. Stat. 5/24-4(a).

^55. 720 Ill. Comp. Stat. 5/24-4(b).

^56. 720 Ill. Comp. Stat. 5/24-4(c).

^57. 720 Ill. Comp. Stat. 5/24-3(A)(g).

^58. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g).

^59. Id.

^60. 430 Ill. Comp. Stat. 65/2(a)(1), (2); 430 Ill. Comp. Stat. 65/4.  720 Ill. Comp. Stat. 5/24-3.

^61. 430 Ill. Comp. Stat. 65/3(a).

^62. 430 Ill. Comp. Stat. 65/3(b).

^63. 720 Ill. Comp. Stat. 5/24-3(A)(g).

^64. 430 Ill. Comp. Stat. 65/3(a-5).

^65. 430 Ill. Comp. Stat. 65/3(a-5).

^66. 430 Ill. Comp. Stat. 65/3.1(c).

^67. 430 Ill. Comp. Stat. 65/3.1(d).

^68. 430 Ill. Comp. Stat. 65/3(b).

^69. 430 Ill. Comp. Stat. 65/1.1.

^70. Id.

^71. 430 Ill. Comp. Stat. 65/3a(b).

^72. Id.

^73. 720 Ill. Comp. Stat. 5/24-3(A)(g).

^74. 740 Ill. Comp. Stat. 130/5(b).

^75. 740 Ill. Comp. Stat. 130/5(c).

^76. 430 Ill. Comp. Stat. 65/2(a)(1), (2).

^77. 430 Ill. Comp. Stat. 65/4(a).

^78. 430 Ill. Comp. Stat. 65/3.1(b).

^79. 430 Ill. Comp. Stat. 65/8.

^80. 430 Ill. Comp. Stat. 65/4(a)(3).

^81. Id.

^82. 430 Ill. Comp. Stat. 65/7.

^83. 430 Ill. Comp. Stat. 65/13.2.

^84. Id.

^85. 430 Ill. Comp. Stat. 65/5.

^86. 430 Ill. Comp. Stat. 65/3a(a).

^87. 430 Ill. Comp. Stat. 65/3a(b).

^88. 430 Ill. Comp. Stat. 65/3(b-5).

^89. 720 Ill. Comp. Stat. 5/24-1(a)(4).

^90. 720 Ill. Comp. Stat. 5/24-1(a)(10).  See also 720 Ill. Comp. Stat. 5/24-1.6 for stricter penalties for the aggravated unlawful use of a firearm.

^91. Id.

^92. See 720 Ill. Comp. Stat. 5/24-2(b).

^93. 720 Ill. Comp. Stat. 5/24-1(a)(10).

^94. Id.

^95. See 720 Ill. Comp. Stat. 5/24-2(b).

^96. 720 Ill. Comp. Stat. 5/24-1(a)(4).

^97. Id.  In People v. Diggins, 919 N.E.2d 327 (Ill. 2009), the Supreme Court of Illinois reviewed whether the center console of a vehicle was a “case” for the purposes of the lawful containment of a firearm in a vehicle, within the meaning of 720 Ill. Comp. Stat. 5/24-1.6(a)(1).  The court found nothing in the overall statutory scheme to suggest that the legislature intended for the various types of receptacles to be firearm specific, and concluded that the center console of the vehicle fell within the ordinary definition of a “case.”

^98. 720 Ill. Comp. Stat. 5/24-1(a)(4), 5/24-1(a)(10), 5/24-1(c)(1.5), (c)(4).

^99. 720 Ill. Comp. Stat. 5/24-1(a)(4), (a)(10).

^100. 720 Ill. Comp. Stat. 5/24-3(A)(a), (b), (i), (C)(4).

^101. 720 Ill. Comp. Stat. 5/24-3.3.

^102. 105 Ill. Comp. Stat. 5/10-22.6(d).

^103. Id.

^104. 720 Ill. Comp. Stat. 5/24-1(a)(4), 5/24-1(a)(10), 5/24-1(c)(1.5), (c)(4).

^105. 720 Ill. Comp. Stat. 5/24-1(a)(4), (a)(10), (c)(3).

^106. 720 Ill. Comp. Stat. 5/24-1(a)(4), (10).

^107. 720 Ill. Comp. Stat. 5/24-3.3.

^108. 720 Ill. Comp. Stat. 5/24-1(c)(1.5).

^109. See 720 Ill. Comp. Stat. 5/24-1(c).

^110. 720 Ill. Comp. Stat. 5/24-1(a)(8).

^111. 720 Ill. Comp. Stat. 5/24-3(A)(h).

^112. Id.

^113. 720 Ill. Comp. Stat. 5/24-9.5(a).

^114. Id.

^115. 720 Ill. Comp. Stat. 5/24-9(a).

^116. Id.

^117. 720 Ill. Comp. Stat. 5/24-9(c).

^118. 430 Ill. Comp. Stat. 65/4(c).

^119. 720 Ill. Comp. Stat. 5/24-1(a)(7)(i).

^120. Id.

^121. See 720 Ill Comp. Stat. 5/24-1.2-5.

^122. 430 Ill. Comp. Stat. 65/1.1.

^123. 430 Ill. Comp. Stat. 65/3(a).

^124. 430 Ill. Comp. Stat. 65/2(a)(2).

^125. 430 Ill. Comp. Stat. 65/3(b-5). 

^126. See 430 Ill. Comp. Stat. 65/2(a)(2), 430 Ill. Comp. Stat. 65/4, 430 Ill. Comp. Stat. 65/8.

^127. 430 Ill. Comp. Stat. 65/2(a)(2), 430 Ill. Comp. Stat. 65/4(a)(2)(i).

^128. Id. Federal age restrictions for the purchase and possession of ammunition also exist.

^129. 225 Ill. Comp. Stat. 10/7(a)(14).

^130. 720 Ill. Comp. Stat. 5/24-2.1(a).  “Armor piercing bullet” means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes.  “Dragon's breath shotgun shell” means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.  “Bolo shell” means any shell that can be fired in a firearm and expels as projectiles two or more metal balls connected by solid metal wire.  “Flechette shell” means any shell that can be fired in a firearm and expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.  Id.

^131. 720 Ill. Comp. Stat. 5/24-2.2.

^132. 720 Ill. Comp. Stat. 5/24-3.2(a), (b).

^133. 720 Ill. Comp. Stat. 5/24-3.2(c).

^134. 720 Ill. Comp. Stat. 5/24-1(a)(11); 720 Ill. Comp. Stat. 5/24-3.1(a)(6).

^135. Id.

^136. 720 Ill. Comp. Stat. 5/24-3.5(b).

^137. 720 Ill. Comp. Stat. 5/24-3.5(c).

^138. 430 Ill. Comp. Stat. 65/6.1(a), (b).

^139. 430 Ill. Comp. Stat. 65/3.3.

^140. 720 Ill. Comp. Stat. 5/24-3A(a).

^141. 720 Ill. Comp. Stat. 5/24-3A(b).

^142. 720 Ill. Comp. Stat. 5/24-5(a).

^143. 720 Ill. Comp. Stat. 5/24-5(b).

^144. 720 Ill. Comp. Stat. 5/24-8(a).

^145. Id.

^146. 720 Ill. Comp. Stat. 5/24-8(b).

^147. 720 Ill. Comp. Stat. 5/24-8(c).