Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States."State Gun Laws: Illinois", National Rifle Association – Institute for Legislative Action (NRA-ILA). Retrieved January 8, 2015."Illinois State Law Summary", Law Center to Prevent Gun Violence. Retrieved August 22, 2012.
To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police on a shall-issue basis. Non-residents who may legally possess firearms in their home state are exempt from this requirement.
The state police issue licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence". Licenses issued by other states are not recognized, except for carry in a vehicle. Open carry is prohibited in most areas. When a firearm is being transported by a person without a concealed carry license, it must be unloaded and enclosed in a case, or broken down in a non-functioning state, or not immediately accessible.
Private sales of firearms must be done through a gun dealer with a Federal Firearms License (FFL). Lost or stolen guns must be reported to the police. There is a waiting period of 72 hours to take possession after purchasing a firearm. Possession of automatic firearms, short-barreled shotguns, or suppressors is prohibited. Possession of short-barreled rifles is permitted only for those who have an ATF Curios and Relics license or are a member of a military reenactment group.
As of January 10, 2023, the state bans the sale of firearms that have been defined as assault weapons, but allows the possession of any that were registered with the state police by January 1, 2024. The sale of rifle magazines that can hold more than 10 rounds or handgun magazines that can hold more than 15 rounds is prohibited. These restrictions are being challenged in various state and federal courts.
Illinois has state preemption for certain areas of gun law, which overrides the home rule guideline in those cases. Some local governments have enacted ordinances that are more restrictive than those of the state in areas not covered by state preemption.
Summary table Subject / law Longguns Handguns Relevant statutes Notes State permit required to purchase? Yes Yes 430 ILCS 65 FOID (Firearm Owner's Identification) card required. Owner permit required? Yes Yes 430 ILCS 65 FOID card required. Firearm registration? Partial Partial 720 ILCS 5/24-1.9 Firearms legally defined as assault weapons possessed within Illinois before January 10, 2023, must have been registered with the state police before January 1, 2024. License required for concealed carry? N/A Yes 430 ILCS 66 Shall-issue with limited discretion."Concealed Weapons Permitting Policy Summary", Law Center to Prevent Gun Violence, August 28, 2013. Retrieved March 19, 2014. Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized (except for vehicle carry), but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license. Open carry allowed? No No 720 ILCS 5/24-1 Vehicle carry allowed? No Yes 430 ILCS 66 An Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state. If their home state issues licenses or permits (even if that state allows permitless carry), a license or permit is required. State preemption of local restrictions? Partial Partial 430 ILCS 66 Preemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013. Assault weapon law? Yes Yes 720 ILCS 5/24-1.9 The sale of firearms defined as assault weapons is prohibited as of January 10, 2023. Existing assault weapons are grandfathered in if registered with the state police by January 1, 2024. These restrictions are being challenged in various state and federal courts. Some local governments have banned the possession of assault weapons, prior to the preemption deadline of July 20, 2013. Magazine capacity restriction? Yes Yes 720 ILCS 5/24-1.9 Limit of 10 rounds for long guns and 15 rounds for handguns as of January 10, 2023. These restrictions are being challenged in various state and federal courts. Some local governments have enacted additional restrictions. NFA weapons restricted? Yes Yes 720 ILCS 5/24-1 720 ILCS 5/24-2 Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF. Castle doctrine / stand your ground laws? Partial Partial 720 ILCS 5 Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling. Peaceable journey laws? Partial Yes 430 ILCS 66 Illinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state, "as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence." Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons. Background checks required for private sales? Yes Yes 430 ILCS 65 Private sales of firearms must be done through a gun dealer with a Federal Firearms License (FFL). Red flag law? Yes Yes 430 ILCS 65430 ILCS 67 Family members, police, or state's attorneys can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person's firearms must be returned to them within one year unless the court finds grounds to renew the suspension.
Law enforcement officers, school administrators, physicians, and mental health professionals can file a clear and present danger report with the Department of Human Services and Illinois State Police, which will revoke the FOID card of a person who communicates a serious threat of physical violence or demonstrates threatening physical or verbal behavior. Subjects of such reports must undergo a psychological evaluation to prove they are not a danger to themselves or others if they wish to obtain a FOID card or to have a revoked FOID card reinstated. Waiting period? Yes Yes 720 ILCS 5/24-3 After purchasing a firearm, the waiting period before the buyer can take possession is 72 hours. "Ghost guns" banned? Yes Yes 720 ILCS 5/24-1 All firearms are required to have a serial number. Minimum age to purchase or possess? No Yes 720 ILCS 5/24-3 Illinois prohibits any person under age 18 from possessing a handgun. (Federal law prohibits persons under 18 from purchasing long guns, and persons under 21 from purchasing handguns.)
FOID cards
To legally possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the Illinois State Police. The police may issue FOID cards to eligible applicants. An applicant is disqualified if he or she has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery, has been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal immigrant. Applicants under the age of 21 must have the written consent of a parent or legal guardian who is also legally able to possess firearms.
When a firearm is sold or transferred, the buyer is required to present their FOID card. The seller must perform an automated dial-up check with the State Police, to verify that the FOID card is valid, and to redo the background check of the buyer. This additional checking is known as the Firearm Transfer Inquiry Program (FTIP).Illinois Administrative Code Part 1235 — Firearm Transfer Inquiry Program. Retrieved January 12, 2013.
The buyer is also required to present their FOID card when purchasing ammunition."Illinois Gun Laws: Common Questions & Answers: Illinois Gun Statutes" , Illinois State Police. Retrieved October 19, 2014.
A FOID card does not authorize the carrying of a concealed firearm, but having a FOID card is a prerequisite for obtaining a concealed carry license."430 ILCS 66 – Firearm Concealed Carry Act", Illinois General Assembly – Illinois Compiled Statutes. Retrieved May 29, 2017.
In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card.Thomason, Andrew (April 7, 2011). "Supreme Court Says Only Residents Need FOID Gun Card", Illinois Statehouse News. Retrieved December 23, 2011. Non-Illinois residents do not qualify to obtain a FOID card, but the FOID statute does make provisions for applicants who are employed in Illinois as law enforcement officers, armed security officers, or by the U.S. military.
On February 14, 2018, in a ruling that applies only to the defendant, a circuit court in Illinois found that the requirement to obtain a FOID card in order to acquire or possess a firearm is unconstitutional. The court ruled that "to require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment... and a violation of Article I, Section 22, of the Constitution of the State of Illinois." After the state requested reconsideration, the court ruled on October 16, 2018 that, in addition to reaffirming its previous ruling, the requirement to physically possess a FOID while in possession of a firearm is also unconstitutional. The case, People v Brown, was appealed to the Illinois Supreme Court. The Illinois Supreme Court determined that the case could have reached the same result without presenting a constitutional issue. The circuit court was directed to present a modified judgment that excludes the constitutional finding.
Concealed and open carry