Summary of Illinois Gun Laws

NOTICE: The information provided below is a summary of Illinois firearms laws and is not meant to be, and should not be regarded as, legal advice or a definitive explanation of state law. While we try to keep this information accurate and updated, this material is provided for general discussion and reference purposes only. For more specific information on Illinois firearms laws, please contact the Illinois State Police Firearms Services Bureau at 217-782-7980 or visit their firearms information page at http://www.isp.state.il.us/foid/firearms.cfm.

Items are listed in alphabetical order by topic (e.g. "Assault Weapons" or "Waiting Periods").

1. ANTI-TRAFFICKING LAWS
Is there a limit on number of handguns that can be purchased at one time by one buyer (e.g. "One Handgun Per Month" law)?

NO. There are no state restrictions that limit the number of handguns that can be purchased at one time.

ICHV Comment:   Gun traffickers can easily buy large quantities of handguns at gun stores or gun shows, and then turn around and resell them on the street to criminals in our communities. We support passage of a "One Handgun Per Month" law in Illinois that would limit the purchase of handguns by one individual to only one per 30-day interval.

2. ASSAULT WEAPONS
Are there any limitations or regulations on the possession or purchase of military-style assault weapons and high-capacity ammunition magazines?

NO. There are no state restrictions on the sale or possession of military-style semiautomatic assault weapons such as the AK-47 and Uzi. There are no statewide restrictions on the sale or possession of high-capacity ammunition magazines that can fire up to 100 bullets without reloading. A local ordinance was recently passed which banned assault weapons and high-capacity ammunition clips within Cook County.

ICHV Comment:   In 1994, the federal government passed a law that banned the manufacture, sale and possession of certain types of new assault weapons and high-capacity ammunition clips. This ban had a "sunset clause" that allowed it to expire after 10 years unless Congress passed new legislation. In September 2004, our Congress allowed the federal assault weapons ban to expire without even calling the legislation up for a vote. Assault weapons are widely available in the civilian marketplace with no limitations and are as easy to buy as hunting rifles, meaning that 18-year-olds can purchase and possess them. ICHV supports a statewide ban on assault weapons and high-capacity ammunition clips to fill the void in the wake of the federal ban's expiration.

3. BACKGROUND CHECKS
Are background checks required for gun purchases?

PARTIAL. All federally licensed firearms sellers (FFLs) are required to perform background checks on all potential gun buyers at the point of sale. However, non-licensed sellers such as hobbyists and collectors are not required to perform background checks at the point of sale. Non-licensed sellers are only required to ask for the buyer's FOID card.

ICHV Comment:   It is problematic to have some gun sales that are subject to background checks and some that are not subject to background checks. This issue is most prevalent in relation to gun shows, where there is a mixture of both licensed and non-licensed gun sellers. The non-licensed sellers are not required to perform criminal background checks on gun purchasers, and are therefore much more attractive to criminals and ex-felons seeking an easy way to buy firearms and accessories while skirting a background check. We support mandatory criminal background checks for all gun purchases, whether they are performed through a licensed or non-licensed seller.

4. BALLISTIC FINGERPRINTING
Do guns go through any type of ballistics demarcation identification prior to sale?

NO. There is no state requirement that gun manufacturers provide law enforcement agencies with sample bullets and cartridges or digital images of bullets and cartridges prior to the sale of their firearms.

ICHV Comment:   This process, referred to as "ballistic fingerprinting," would assist law enforcement with tracing bullets and guns linked to crime scenes. ICHV supports the concept of using ballistic fingerprinting to aid law enforcement agencies in identifying and tracing guns used in crimes.

5. CONCEALED WEAPONS
Is it legal to carry a loaded, concealed weapon?

NO. Illinois does not allow the carrying of loaded, concealed weapons in the state.

ICHV Comment:   Despite repeated efforts by the gun lobby to legalize concealed carrying of guns, ICHV has been instrumental working with Illinois residents to prohibit the carrying of loaded, hidden handguns in public. ICHV has staunchly opposed concealed carry, and we have continued to be successful in prohibiting efforts to legalize the carrying of loaded, hidden handguns.

6. CHILD ACCESS PREVENTION (CAP)
Does Illinois have a Child Access Prevention Law to keep guns out of the hands of children?

YES. State law makes it unlawful for adults to leave their guns unlocked and accessible to children under the age of 14, but only if that child causes injury or death with the firearm. If a child uses an adult's gun to cause injury or death to someone, the gun owner can be held liable for any civil damages that result.

ICHV Comment:   ICHV worked with our OnTarget Coalition members to advocate for passage of a CAP law in 1999 to require parents with children in their homes to keep their guns locked and out of reach of those children. While it was a victory, the penalties for violation of this law are weak, and it is not as proactive as it could be. When a death or injury has occurred as a result of a gun owner's irresponsibility in leaving their gun(s) accessible to children under 14, prosecutors are often reluctant to charge the gun owners in the wake of such tragedy, so the penalties are rarely enacted.

7. LICENSE OR PERMIT TO BUY OR OWN GUNS
Is there any type of license or permit required to purchase or possess firearms in Illinois?

YES. Illinois state law requires Illinois residents to obtain a Firearm Owner Identification card (called the FOID card) to purchase or possess firearms. The FOID card system is under the purview of the Illinois State Police. A criminal background check is run on all FOID card applicants, and if the background check is passed, a FOID card will be issued within 30 days. FOID cards are valid for five years.

ICHV Comment:   While our FOID card system is a valuable tool, we support making improvements to it. FOID card applicants are not currently required to go through any safety training or to submit fingerprints to obtain a FOID.

8. LOCAL ORDINANCES
Can communities around Illinois pass their own laws regarding firearms?

PARTIAL. Illinois has what is called a "home rule" policy, which allows municipalities of a certain size or larger to enact local laws to regulate firearms that are stronger than state law. Several towns and cities across Illinois have adopted more restrictive gun policies than state law, such as banning assault weapons, prohibiting the possession of handguns, or restricting gun sales in the areas around schools and churches.

ICHV Comment:   ICHV supports the right of municipalities to regulate firearms in their own jurisdictions. We have consistently fought attempts by the gun lobby to enact "preemption" laws that would strip the authority of local governments to regulate guns in their communities.

9. MINIMUM AGE TO PURCHASE AND POSSESS GUNS
Are there any age restrictions for possessing or buying guns?

PARTIAL. To legally purchase a handgun, Illinois residents must possess a valid FOID card and be at least 21 years of age. To legally purchase a long gun (including assault weapons), Illinois residents must possess a valid FOID card and be at least 18 years of age. State law prohibits residents younger than 18 years of age from possessing handguns or other concealable weapons without parental permission or authorized supervision. Youth under age 18 may possess other firearms if they have a valid FOID card, which requires parental/guardian permission to obtain.

ICHV Comment:   ICHV supports the age requirement for purchasing handguns in Illinois. We also support the current system by which minors must obtain parental permission to obtain and possess certain weapons. ICHV would support efforts to increase from 18 to 21 years the age at which residents can own currently legal .50 caliber weapons or military-style assault weapons.

10. RECORD OF SALE
Does anyone maintain a record of sale or transfer of a firearm? Does law enforcement have access to that information?

PARTIAL. Any person who sells or transfers a firearm is required by law to keep a record of that transaction for 10 years from the date. This record must contain specific information in accordance with the FOID Card Act. If requested by a peace officer, this record of transaction must be produced for inspection.

ICHV Comment:   ICHV supports the requirement of persons to retain a record of transaction for all gun sales and transfers for 10 years.

11. SAFETY TRAINING FOR GUN BUYERS/OWNERS
Are there any training requirements for people in order to obtain a FOID card or purchase and possess firearms?

NO. There is no requirement that FOID card applicants receive any safety training instruction in order to obtain their FOID card. There is no requirement that gun buyers and owners receive any safety training instruction, or demonstrate any familiarity with gun laws or knowledge about safe handling and safe storage of firearms in order to purchase firearms.

ICHV Comment:   ICHV would support a requirement that all FOID card holders and applicants receive some mandatory firearm safety instruction, including knowledge of safe storage procedures and basic gun laws, in order to obtain or keep a FOID card.

12. SECONDARY SALES
Are background checks required on 'private' gun sales?

PARTIAL. In July 2005, the Illinois General Assembly passed a law requiring that all gun sales taking place at gun shows must include a criminal background check on purchasers. Until that point, only those dealers who were federally licensed were required to run background checks on buyers at gun shows, whereas unlicensed sellers were exempted from the rule. Even with this new law in place, individual person-to-person secondary sales are not subject to a criminal background check. Illinois law still requires that anyone who buys or obtains ownership of a firearm to show a valid FOID card. The state waiting periods for firearms transfers still apply for private firearms transactions. It is illegal to sell or transfer any firearm to anyone who does not have a valid FOID card.

ICHV Comment:   As stated in the section on "Background Checks," ICHV supports a policy of mandatory criminal background checks for all gun sales and transfers, event those that are private or performed by non-licensed sellers.

13. SAFETY STANDARDS FOR GUNS
Are there any consumer safety standards for guns?

PARTIAL. State law requires handguns to meet a melting-point test intended to prevent the sale of some unsafe (AKA "junk") handguns. State law restricts the sale of "junk" handguns if their materials melt below a certain temperature. The "melting point" requirement is designed to detect handguns made of inferior materials that cannot safely handle the temperature and pressure created by firing a gun.

ICHV Comment:   There currently is no state requirement that handguns meet other safety tests such as a drop-safety test or a firing performance/accuracy test. There is no requirement that guns be sold with state-certified locking devices or have an internal "personalized" lock to prevent unauthorized use. There is no state requirement that handguns be equipped either with load indicators or magazine-disconnect safety devices to prevent unintentional shootings. ICHV would support significant strengthening of health and safety standards for firearms manufactured and/or sold in Illinois.

14. SCHOOL ZONES
Is it legal to carry guns into schools?

NO. Under state statute, no guns are allowed inside schools or on school grounds, unless carried by on-duty law enforcement personnel.

ICHV Comment:   ICHV supports the restrictions on carrying loaded, hidden weapons in and around schools.

15. WAITING PERIOD
Is there a waiting period when purchasing firearms in Illinois?

YES. State law requires a 72-hour waiting period for all handgun sales and a 24-hour waiting period on all long gun sales. The waiting period is used by law enforcement to run a criminal background check to make sure the buyer is not prohibited from acquiring firearms. In addition, state law requires gun buyers to obtain a Firearm Owner's Identification Card (FOID) before purchasing any firearm. There is up to 30-day wait to acquire Firearms Owner Identification card (FOID) after the application is received by the Illinois State Police.

ICHV Comment:   ICHV supports the current waiting periods to obtain firearms.

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