Illinois

Get the latest information on Illinois firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

no

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Illinois - Ill. Const. Art. I, § 22
"Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed." 

 

Illinois firearm law has evolved significantly over the years, shaped by a series of legal cases and legislative changes. The landmark 2010 Supreme Court case McDonald v. City of Chicago confirmed that the Second Amendment applies to state and local governments, striking down Chicago's handgun ban. This ruling followed the earlier Illinois State Rifle Association v. City of Chicago, which challenged local gun regulations. In response to public safety concerns and legal challenges, Illinois enacted the Firearm Owners Identification (FOID) Card Act in 1968, requiring residents to obtain a card for firearm ownership. More recently, the state implemented the Concealed Carry License Act in 2013, allowing citizens to carry concealed firearms, marking a significant shift toward recognizing individual firearm rights. Despite ongoing debates surrounding gun control, these developments reflect a gradual expansion of firearm rights within Illinois.

Permit Eligibility, Training and Application Process

Illinois has a unique history regarding concealed carry laws. For many years, it was one of the few states without a concealed carry provision. This changed in 2013 when the Illinois Firearm Concealed Carry Act was signed into law on July 9, allowing residents to carry concealed firearms. The law came into effect on January 5, 2014, establishing requirements for obtaining a concealed carry license, including a background check and completion of a training course. In 2017, further amendments refined the application process and clarified regulations regarding carrying firearms in public spaces. These changes marked a significant shift in Illinois gun laws, reflecting broader national trends toward concealed carry rights.

Illinois License Eligibility

The Illinois State Police shall issue a license to an applicant completing an application in accordance with Section 30 of this Act if the person:

  1. is at least 21 years of age;
  2. has a currently valid Firearm Owner's Identification Card and at the time of application meets the requirements for the issuance of a Firearm Owner's Identification Card and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;
  3. has not been convicted or found guilty in this State or in any other state of:
    1. a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application; or
    2. 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
  4. is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;
  5. has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application; and
  6. has completed firearms training and any education component required under Section 75 of this Act.

430 ILCS 66/25

 

L License Training Requirements

  1. Within 60 days of the effective date of this Act, the Illinois State Police shall begin approval of firearm training courses and shall make a list of approved courses available on the Illinois State Police's website.
  2. An applicant for a new license shall provide proof of completion of a firearms training course or combination of courses approved by the Illinois State Police of at least 16 hours, which includes range qualification time under subsection (c) of this Section, that covers the following:
    1. firearm safety;
    2. the basic principles of marksmanship;
    3. care, cleaning, loading, and unloading of a concealable firearm;
    4. all applicable State and federal laws relating to the ownership, storage, carry, and transportation of a firearm; and
    5. instruction on the appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm.
  3. An applicant for a new license shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a concealable firearm consisting of:
    1. a minimum of 30 rounds; and
    2. 10 rounds from a distance of 5 yards; 10 rounds from a distance of 7 yards; and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the Illinois State Police .
  4. An applicant for renewal of a license shall provide proof of completion of a firearms training course or combination of courses approved by the Illinois State Police of at least 3 hours.
  5. A certificate of completion for an applicant's firearm training course shall not be issued to a student who:
    1. does not follow the orders of the certified firearms instructor;
    2. in the judgment of the certified instructor, handles a firearm in a manner that poses a danger to the student or to others; or
    3. during the range firing portion of testing fails to hit the target with 70% of the rounds fired.
  6. An instructor shall maintain a record of each student's performance for at least 5 years, and shall make all records available upon demand of authorized personnel of the Illinois State Police .
  7. The Illinois State Police and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is submitted to and approved by the Illinois State Police . Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.
  8. A person who has qualified to carry a firearm as an active law enforcement or corrections officer, who has successfully completed firearms training as required by his or her law enforcement agency and is authorized by his or her agency to carry a firearm; a person currently certified as a firearms instructor by this Act or by the Illinois Law Enforcement Training Standards Board; or a person who has completed the required training and has been issued a firearm control card by the Department of Financial and Professional Regulation shall be exempt from the requirements of this Section.
  9. The Illinois State Police and certified firearms instructors shall recognize 8 hours of training as completed toward the 16 hour training requirement under this Section, if the applicant is an active, retired, or honorably discharged member of the United States Armed Forces. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.
  10. The Illinois State Police and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is approved by the Illinois State Police and was completed in connection with the applicant's previous employment as a law enforcement or corrections officer. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section. A former law enforcement or corrections officer seeking credit under this subsection (j) shall provide evidence that he or she separated from employment in good standing from each law enforcement agency where he or she was employed. An applicant who was discharged from a law enforcement agency for misconduct or disciplinary reasons is not eligible for credit under this subsection (j).

430 ILCS 66/75

 

Illinois License Application Process

Resident

  • 16 hours of Concealed Carry firearms training provided by an ISP approved Instructor.
  • Electronic Copy of my training certificate(s). You will be required to upload your electronic certificate during the application process.
  • An Illinois State Police User ID and Password
  • A Valid Driver’s License or State Identification card.
  • A valid FOID card unless in the process of getting a valid FOID card.
  • A head and shoulder electronic photograph taken within the last 30 days.
  • Be able to provide the last ten years of residency.
  • Fingerprints – Electronic fingerprints will expedite your application! Specify to the Live Scan vendor that your fingerprint application is for the Concealed Carry application (ORI = IL920707Z, Purpose Code = CCW). NOTE: Applicants will be assigned a transaction control number (TCN) at the time of fingerprinting and will be required to retain that TCN to complete the application.
  • $150.00 payable with a credit card or electronic check.

430 ILCS 66/30

 

Non-Resident

Out of state residents may be eligible for an Illinois Concealed Carry License if your state meets the definition of substantially similar as established by rule. See 20 Il. Admin. Code 1231.10. Currently, the states identified below have been determined to have laws related to firearm ownership, possession, and carrying that are substantially similar to the requirements to obtain a license under Illinois’ law; and, therefore, may apply for a Concealed Carry License. This list will be updated as additional states are identified as substantially similar. Further information concerning the regulations for non-resident applications can be found at 20 Il. Admin. Code 1231.110. 1. Substantially similar states: Arkansas, Idaho, Mississippi, Nevada, Texas, and Virginia.

Other requirements if your state meets the substantially similarly definition:

  • 16 hours of Concealed Carry firearms training provided by an ISP approved Instructor.
  • An electronic copy of a valid concealed carry license from my home state.
  • Electronic Copy of my training certificate(s). You will be required to upload your electronic certificate during the application process.
  • A head and shoulder electronic photograph taken within the last 30 days.
  • An Illinois State Police User ID and password
  • A Valid Driver’s License or State Identification card.
  • Be able to provide the last ten years of residency.
  • A notarized affidavitOpens in new window documenting the applicant’s eligibility under both state and federal laws, the understanding of the laws pertaining to possession and transport of firearms, acknowledgment the applicant is subject to the jurisdiction of the Illinois State Police and the Illinois courts and that the applicant meets the mental health standards in Illinois to obtain a firearm.
  • $300.00 payable with a credit card or electronic check.

430 ILCS 66/40

 

Illinois License Renewal

  1. This subsection (a) applies through the 180th day following July 12, 2019 (the effective date of Public Act 101-80) . The Illinois State Police shall, 180 days prior to the expiration of a concealed carry license, notify each person whose license is to expire a notification of the expiration of the license and instructions for renewal. Applications for renewal of a license shall be made to the Illinois State Police. A license shall be renewed for a period of 5 years upon receipt of a completed renewal application, completion of 3 hours of training required under Section 75 of this Act, payment of the applicable renewal fee, and completion of an investigation under Section 35 of this Act. The renewal application shall contain the information required in Section 30 of this Act, except that the applicant need not resubmit a full set of fingerprints.
  2. This subsection (b) applies on and after the 181st day following July 12, 2019 (the effective date of Public Act 101-80) . Applications for renewal of a license shall be made to the Illinois State Police. A license shall be renewed for a period of 5 years from the date of expiration on the applicant's current license upon the receipt of a completed renewal application, completion of 3 hours of training required under Section 75 of this Act, payment of the applicable renewal fee, and completion of an investigation under Section 35 of this Act. The renewal application shall contain the information required in Section 30 of this Act, except that the applicant need not resubmit a full set of fingerprints.

430 ILCS 66/50

 

Name Changes and Lost Licenses

  1. A licensee shall notify the Illinois State Police within 30 days of moving or changing residence or any change of name. The licensee shall submit the requisite fee and the Illinois State Police may require a notarized statement that the licensee has changed his or her residence or his or her name, including the prior and current address or name and the date the applicant moved or changed his or her name.
  2. A licensee shall notify the Illinois State Police within 10 days of discovering that a license has been lost, destroyed, or stolen. A lost, destroyed, or stolen license is invalid. To request a replacement license, the licensee shall submit:
    1. a written or electronic acknowledgment that the licensee no longer possesses the license, and that it was lost, destroyed, or stolen;
    2. if applicable, a copy of a police report stating that the license was stolen; and
    3. the requisite fee.
  3. A violation of this Section is a petty offense with a fine of $150 which shall be deposited into the Mental Health Reporting Fund.

430 ILCS 66/55

 

Illinois License Fees

  1. All fees collected under this Act shall be deposited as provided in this Section. Application, renewal, and replacement fees shall be non-refundable.
  2. An applicant for a new license or a renewal shall submit $150 with the application, of which $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.
  3. A non-resident applicant for a new license or renewal shall submit $300 with the application, of which $250 shall be apportioned to the State Police Firearm Services Fund, $40 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.
  4. A licensee requesting a new license in accordance with Section 55 shall submit $75, of which $60 shall be apportioned to the State Police Firearm Services Fund, $5 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

430 ILCS 66/60

 

Illinois License Holder Privacy

The Department shall maintain a database of license applicants and licensees. The database shall be available to all federal, State, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel. Within 180 days after the effective date of this Act, the database shall be searchable and provide all information included in the application, including the applicant's previous addresses within the 10 years prior to the license application and any information related to violations of this Act. No law enforcement agency, State's Attorney, Attorney General, or member or staff of the judiciary shall provide any information to a requester who is not entitled to it by law.

430 ILCS 66/10 (j)

 

 

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

 

Illinois is not a permitless-carry state.

 

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes an Illinois CHL or does not require a license
Recognizes Illinois Resident CHL only
Does not recognize an Illinois CHL
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

In Illinois, only the state has the power to place restrictions on firearms and ammunition. Municipalities may only enact firearm restrictions that impose greater restrictions or limitations than those of the state.

Illinois Preemption Law

The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

430 ILCS 66/90

 

Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, 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, are not invalidated or affected by this Act.

430 ILCS 65/13.1 (a)

 

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Illinois Firearm Transfers

(a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Illinois State Police under the provisions of this Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Illinois State Police under the Firearm Concealed Carry Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Illinois State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law, including the National Instant Criminal Background Check System. This subsection shall not be effective until July 1, 2023 . Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card. The Illinois State Police may adopt rules concerning the implementation of this subsection. The Illinois State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Illinois State Police for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section do not apply to:

  1. transfers that occur at the place of business of a federally licensed firearm dealer, if the federally licensed firearm dealer conducts a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follows all other applicable federal, State, and local laws as if he or she were the seller or transferor of the firearm, although the dealer is not required to accept the firearm into his or her inventory. The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $25 per firearm, which the dealer may retain as compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;
  2. transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
  3. transfers by persons acting pursuant to operation of law or a court order;
  4. transfers on the grounds of a gun show under subsection (a-5) of this Section;
  5. the delivery of a firearm by its owner to a gunsmith for service or repair, the return of the firearm to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for service or repair and the return of the firearm to the gunsmith;
  6. temporary transfers that occur while in the home of the unlicensed transferee, if the unlicensed transferee is not otherwise prohibited from possessing firearms and the unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;
  7. transfers to a law enforcement or corrections agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
  8. transfers of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection; and
  9. transfers to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of this Act.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. The federally licensed firearm dealer shall maintain the transfer record for 20 years from the date of receipt. A federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. The record shall be provided and maintained in either an electronic or paper format. The federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this Section. Such records shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number and any approval number or documentation provided by the Illinois State Police pursuant to subsection (a-10) of this Section; if the transfer was not completed within this State, the record shall contain the name and address of the transferee. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. For any transfer pursuant to subsection (a-10) of this Section, on the demand of a peace officer, such transferee shall identify the federally licensed firearm dealer maintaining the transfer record. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number or approval number is a petty offense. For transfers of a firearm, stun gun, or taser made on or after January 18, 2019 (the effective date of Public Act 100-1178), failure by the private seller to maintain the transfer records in accordance with this Section, or failure by a transferee pursuant to subsection a-10 of this Section to identify the federally licensed firearm dealer maintaining the transfer record, is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense occurring within 10 years of the first offense and the second offense was committed after conviction of the first offense. Whenever any person who has not previously been convicted of any violation of subsection (a-5), the court may grant supervision pursuant to and consistent with the limitations of Section 5-6-1 of the Unified Code of Corrections. A transferee or transferor shall not be criminally liable under this Section provided that he or she provides the Illinois State Police with the transfer records in accordance with procedures established by the Illinois State Police. The Illinois State Police shall establish, by rule, a standard form on its website.

430 ILCS 65/3

 

Illinois Ammunition Transfers

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card or valid concealed carry license 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 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

430 ILCS 65/3 (b-5) and (c)

 

Illinois Background Checks

A license to carry a concealed firearm issued by this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm.

430 ILCS 66/85

 

Illinois FOID Card Overview

It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24-3.1 of the Criminal Code of 2012, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.

430 ILCS 65/1

 

  1. No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.
  2. No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.

430 ILCS 65/2

 

Illinois FOID Card Requirements

To be eligible for a FOID card, a person must be 21 years of age or have a parent or guardian sponsor who is eligible for a FOID card. An applicant must not be prohibited from possessing firearms in accordance with state or federal law. This requires the applicant is/has:

  • Not been convicted of a felony.
  • Not addicted to narcotics.
  • Not been a patient in a mental health facility within the past five years.
  • Not intellectually disabled.
  • Not an alien who is unlawfully present in the United States.
  • Not subject to an existing order of protection.
  • Not been 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.
  • Not been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction.
  • Not an alien who has been admitted to the United States under a non-immigrant visa; unless the applicant is an official representative of a foreign government or who received a waiver from the Attorney General of the United States.
  • Not a minor subject to a petition filed under the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony.
  • Not an adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
  • Is a resident of the State of Illinois (in most cases).
  • Not a person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, or any other person or the community.
  • Not developmentally disabled.
  • Not renounced their citizenship.
  • Not dishonorably discharged from the United States Armed Forces.
  • Not convicted of a misdemeanor crime of domestic violence.

430 ILCS 65/4

 

FOID Changes Effective 1/1/2022

Effective January 1, 2022: If you currently have a valid unexpired FOID or CCL card, they will remain valid until their expiration date. After expiration, you will be issued a new FOID combo card that will display a CCL endorsement showing that you have a valid CCL.

The new cards will not have an expiration displayed on them. To determine the expiration date of your cards, you will have to access the Illinois State Police Firearms Service Bureau (ISPFSB) website and log into your dashboard.

There is also a new portal on verify.ispfsb.com that will check the validity of a FOID card for the private transfer (P2P) of a firearm and ammunition.

 

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Illinois restricts the ammunition capacity of magazines to 10 rounds for long guns and 15 rounds for handguns by state law.

Illinois law:

a. In this Section:

"Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Ac.

"Long gun" means a rifle or shotgun.

"Large capacity ammunition feeding device" means:

  1. a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or
  2. any combination of parts from which a device described in paragraph (1) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

b. Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device.

c. Except as provided in subsections (d), (e), and (f), and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful to knowingly possess a large capacity ammunition feeding device.

d. Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before the effective date of this amendatory Act of the 102nd General Assembly, provided that the person shall possess such device only:

  1. on private property owned or immediately controlled by the person;
  2. on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;
  3. while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;
  4. while engaged in the legal use of the large capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
  5. while traveling to or from these locations, provided that the large capacity ammunition feeding device is stored unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection.

Except as provided in subsections (e) and (f) and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card.

Sentence

g. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation.

720 ILCS 5/24-1.10

 

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Places Where Firearms Are Prohibited Under Illinois Law:

a. A licensee under this Act shall not knowingly carry a firearm on or into:

  1. Any building, real property, and parking area under the control of a public or private elementary or secondary school.
  2. Any building, real property, and parking area under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.
  3. Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code.
  4. Any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court.
  5. Any building or portion of a building under the control of a unit of local government.
  6. Any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
  7. Any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home.
  8. Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.
  9. Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934.
  10. Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle.
  11. Any building or real property that has been issued a Special Event Retailer's license as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's license, or a Special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special use permit license.
  12. Any public playground.
  13. Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park.
  14. Any real property under the control of the Cook County Forest Preserve District.
  15. Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university.
  16. Any building, real property, or parking area under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee.
  17. Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event.
  18. Any building, real property, or parking area under the control of a public library.
  19. Any building, real property, or parking area under the control of an airport.
  20. Any building, real property, or parking area under the control of an amusement park.
  21. Any building, real property, or parking area under the control of a zoo or museum.
  22. Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph.
  23. Any area where firearms are prohibited under federal law.

430 ILCS 66/65 (a)

 

(a-5) Nothing in this Act shall prohibit a public or private community college, college, or university from:

  1. prohibiting persons from carrying a firearm within a vehicle owned, leased, or controlled by the college or university;
  2. developing resolutions, regulations, or policies regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion;
  3. developing resolutions, regulations, or policies regarding the storage or maintenance of firearms, which must include designated areas where persons can park vehicles that carry firearms; and
  4. permitting the carrying or use of firearms for the purpose of instruction and curriculum of officially recognized programs, including but not limited to military science and law enforcement training programs, or in any designated area used for hunting purposes or target shooting.

430 ILCS 66/65 (a-5)

 

Illinois Parking Lot Storage Law

Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

430 ILCS 66/65 (b)

 

Prohibited Areas Vehicle Exception

A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

430 ILCS 66/65 (c)

 

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

Open carry in public is illegal in the state of Illinois. A licensee must keep a firearm concealed or partially concealed from view.

Illinois Law:

A license shall permit the licensee to:

  1. carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and
  2. keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

430 ILCS 66/10

 

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Illinois Law:

(a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.

(d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Illinois State Police and shall be 4 inches by 6 inches in size. The Illinois State Police shall adopt rules for standardized signs to be used under this subsection.

430 ILCS 66/65 (a-10) and (d)

 

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Illinois Law:

A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. The Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation.

430 ILCS 66/70 (d)

Vehicle and Transport Laws

Transporting a firearm in a vehicle requires careful attention to legal and safety considerations, which vary by jurisdiction. Many states require that firearms be unloaded and stored securely, such as in a locked container or the trunk, to prevent easy access during transport. In some areas, ammunition must be stored separately from the firearm. The laws often distinguish between transporting long guns (rifles and shotguns) and handguns, with stricter rules typically applying to handguns. Additionally, individuals with concealed carry permits may be allowed to transport loaded firearms, depending on local regulations. Regardless of the laws, safe handling practices should always be followed to prevent accidents or theft while transporting a firearm.

Illinois law does not address the issue of transporting a firearm in a vehicle. 

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Illinois Law:

(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

  1. secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
  2. placed in a securely locked box or container; or
  3. placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) Subsection (a) does not apply:

  1. if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or
  2. to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person.

720 ILCS 5/24-9

Other Weapons Restrictions

“Protecting IL Communities Act”

b. Except as provided in subsections (c), (d), and (e), on or after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.

c. Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.

d. This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023:

  1. the affiant's Firearm Owner's Identification Card number;
  2. an affirmation that the affiant: (i) possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before the effective date of this amendatory Act of the 102nd General Assembly; or (ii) inherited the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge from a person with an endorsement under this Section or from a person authorized under subdivisions (1) through (5) of subsection (e) to possess the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge; and
  3. the make, model, caliber, and serial number of the .50 caliber rifle or assault weapon or assault weapons listed in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section possessed by the affiant prior to the effective date of this amendatory Act of the 102nd General Assembly and any assault weapons identified and published by the Illinois State Police pursuant to this subdivision (3).

720 ILCS 5/24-1.9

 

Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only:

  1. on private property owned or immediately controlled by the person;
  2. on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;
  3. while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;
  4. while engaged in the legal use of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or
  5. while traveling to or from these locations, provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.

Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.

720 ILCS 5/24-1.9 (d)

 

Illinois “Ghost Gun” Law

It is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless:

  1. the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer;
  2. the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or
  3. the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with subsection (f) of this Section.

720 ILCS 5/24-5.1 (c)

Police Encounter Laws

Illinois is a quasi-duty-to-inform state, which means that you are not affirmatively required to tell a police officer that you have a firearm in your possession, but if you are asked by an officer during a lawful stop you must provide them with your permit and photo identification card, as well as identify the location of the firearm and allow the officer to secure it during the stop. Passengers in vehicles are also subject to these same requirements.

Illinois Law:

If an officer of a law enforcement agency initiates an investigative stop, including, but not limited to, a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).

430 ILCS 66/10 (h)

 

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

IL Firearms Restraining Orders

"Firearms restraining order" means an order issued by the court, prohibiting and enjoining a named person from having in his or her custody or control, purchasing, possessing, or receiving any firearms or ammunition, or removing firearm parts that could be assembled to make an operable firearm.

"Petitioner" means:

  1. a family member of the respondent as defined in this Act; or
  2. a law enforcement officer who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm or removing firearm parts that could be assembled to make an operable firearm.

430 ILCS 67/5

 

a. An action for a firearms restraining order is commenced by filing a verified petition for a firearms restraining order in any circuit court.

b. A petition for a firearms restraining order may be filed in: (1) any county where the respondent resides or (2) any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

c. No fee shall be charged by the clerk for filing, amending, vacating, certifying, printing, or photocopying petitions or orders; or for issuing alias summons; or for any related filing service. No fee shall be charged by the sheriff or other law enforcement for service by the sheriff or other law enforcement of a petition, rule, motion, or order in an action commenced under this Section.

d. The court shall provide, through the office of the clerk of the court, simplified forms and clerical assistance to help with the writing and filing of a petition under this Section by any person not represented by counsel. In addition, that assistance may be provided by the State's Attorney.

430 ILCS 67/10

 

Use of Force in Defense of Person

The question of “when can a person legally use deadly force against another person” is of critical importance if you are a legal firearms owner. Although a firearm is nothing more than a tool, it is a tool that by its very nature has the ability to deliver deadly force. Thus, all responsible firearms owners should understand when they are justified in using force and deadly force under the law. Failure to understand the law gets lots of good folks in serious trouble!

Illinois Defense of Persons Law

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

720 ILCS 5/7-1 (a)

 

Killing in self-defense is justified where the following elements are present:

  1. force has been threatened against a person;
  2. the threatened person is not an aggressor;
  3. the danger of harm is imminent;
  4. the force threatened is unlawful; and
  5. the defendant must reasonably believe that danger exists, that the use of force is necessary to avert the danger and that the kind and amount of force which he uses is necessary.

People v. Manley, 222 Ill. App. 3d 896, 914 (Ill. App. Ct. 1991)

 

Illinois Forcible Felonies Defined

"Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

720 ILCS 5/2-8

 

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

Illinois does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law. 

 

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Illinois “Castle Doctrine”

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

  1. The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
  2. He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

720 ILCS 5/7-2 (a)

 

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Illinois Law:

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

720 ILCS 5/7-3 (a)

 

Self-Defense Immunity

It is not uncommon for an actor to be defending himself from criminal charges (i.e. second degree murder) and a separate civil lawsuit brought by the family of the deceased attacker.

Even if someone is not charged criminally, they can still be sued civilly and the victim of a violent crime who is determined to be criminally justified, could still potentially be sued by their attacker’s family.

Illinois Law:

In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

720 ILCS 5/7-1 (b)

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

Illinois Law:

Although one does not have to retreat from a place where he has a right to be, the non-aggressor may use force likely to cause death or serious bodily harm only if he reasonably believes that the imminently threatened force had placed him in danger of death or great bodily harm.

People v. Manley, 222 Ill. App. 3d 896, 914 (Ill. App. Ct. 1991)

 

Self-Defense Limitations

Use of Force by Aggressor

The justification described in the preceding Sections of this Article is not available to a person who:
is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
otherwise initially provokes the use of force against himself, unless:
such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
in good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

720 ILCS 5/7-4

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

Illinois law allows a landowner to kill or immediately pursue and kill a dog when he sees his or her livestock, poultry, or equidae being injured, wounded, or killed by the dog who is not accompanied by or not under the supervision of its owner

However, the law does not directly address self-defense or defense of others against an attacking animal.

Any owner seeing his or her livestock, poultry, or equidae being injured, wounded, or killed by a dog, not accompanied by or not under the supervision of its owner, may kill such dog.

510 ILCS 5/18

Special Notes

Illinois License Carrying Law

A licensee shall possess a license at all times the licensee carries a concealed firearm except:

  1. when the licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission;
  2. when the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or
  3. when the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.

430 ILCS 66/10 (g)

 

What Weapons May You Carry?

A licensee is permitted to carry a handgun.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include:

  1. a stun gun or taser;
  2. a machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;
  3. a short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or
  4. any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

430 ILCS 66/5

 

Illinois State Emergency Powers

During a declared disaster, the governor has the power to temporarily suspend the sale and transportation of firearms.

The law:

Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act:

  • To suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

20 ILCS 3305/7 (9)

 

Illinois IDNR Issues

On what IDNR properties may an Illinois Concealed Carry Permit holder carry a concealed firearm?

Illinois Concealed Carry Permit holders may carry a concealed firearm on any IDNR real property (including bike trails, trails, or any other designated public hunting area or building where firearm possession is permitted by the IDNR) with the following exceptions: All IDNR Office buildings, including but not limited to the Joel D. Brunsvold Building (IDNR Springfield Headquarters Building), IDNR Regional Office buildings, IDNR State Museum buildings, and any other IDNR building marked with the ISP-approved sign prohibiting firearms. All firearms, including concealed firearms, are also prohibited on all IDNR State Refuge areas, IDNR Dedicated Nature Preserves, and IDNR children playground areas. When visiting any of these locations, Concealed Carry Permit holders are required to secure their concealed firearms in their vehicle in accordance with the Illinois Concealed Carry Act.

May an Illinois Concealed Carry Permit holder be in possession of a concealed firearm when hunting?

Yes. With the exception of deer, turkey, or dog training … an Illinois Concealed Carry Permit holder may possess a concealed firearm on their person or in their motor vehicle while in the field hunting any species of wildlife, unless the Concealed Carry Permit holder is in one of the prohibited areas listed in the Illinois Concealed Carry

Cases to Watch

COMING SOON!

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