Illinois Gun Laws/Restrictions

Code Sections

720 ILCS 5/24-1, 5/24-3, 5/24-3.1

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

• Machine guns
• Rifles with barrel less than 16 inches
• Shotguns with barrel less than 18 inches
• Any weapon made from rifle or shotgun and as modified has overall length less than 26 inches
• Stun guns or Tasers
• Explosive or metal-piercing bullets
• Silencers

Waiting Period Before Purchase

• 72 hours

Who May Not Own Guns

Illinois prohibits several different categories of individuals from owning or possessing pistols:

• Concealed weapon: under 18 years old.
• Under 21 years old if convicted of misdemeanor other than traffic offense or adjudged delinquent.
• Narcotic addict
• Patient in mental hospital within past 5 yrs.
• Mentally retarded
• Person confined in penal institution.
• Felons

Laws Prohibiting Firearms On or Near School Grounds

• Felony. 720, ILCS 5/24-1(c); 5/24-3.3

A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm. The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police. The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.

Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.

430 ILCS 65/2
430 ILCS 65/3

Application for a Firearm Owners Identification (FOID) is made to the:

Illinois State Police, FOID
P.O. Box 19233
Springfield, IL 62794-9233

Application forms can be obtained online at https://www.ispfsb.com/public/FOID.aspx or by calling the Firearm Owners Identification Program at (217) 782-7980.

An applicant is entitled to a FOID if he/she:

(i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;

(ii) He or she has not been convicted of a felony under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental health facility within the past 5 years or, if he or she has been a patient in a mental health facility more than 5 years ago submit the certification required under subsection (u) of Section 8 of this Act;

(v) He or she is not intellectually disabled;

(vi) He or she is not an alien who is unlawfully present in the United States under the laws of the United States;

(vii) He or she is not subject to an existing order of protection prohibiting him or her from possessing a firearm;

(viii) He or she has 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;

(ix) He or she has not been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant knowingly and intelligently waives the right to have an offense described in this clause (ix) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying the issuance of a Firearm Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not an alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a) (26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a petition filed under Section 5-520 of 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;

(xiii) He or she is 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;

(xiv) He or she is a resident of the State of Illinois;

(xv) He or she has not been adjudicated as a mentally disabled person;

(xvi) He or she has not been involuntarily admitted into a mental health facility; and

(xvii) He or she is not developmentally disabled; and

(3) Upon request by the Department of State Police, sign a release on a form prescribed by the Department of State Police waiving any right to confidentiality and requesting the disclosure to the Department of State Police of limited mental health institution admission information from another state, the District of Columbia, any other territory of the United States, or a foreign nation concerning the applicant for the sole purpose of determining whether the applicant is or was a patient in a mental health institution and disqualified because of that status from receiving a Firearm Owner's Identification Card. No mental health care or treatment records may be requested. The information received shall be destroyed within one year of receipt.

An applicant for a FOID must consent to the Department using the applicant’s digital driver’s license or Illinois ID card photograph, if available, and signature on the FOID, and must furnish the Department with his driver’s license or Illinois ID card number. The Department must approve or deny the FOID within 30 days, and is authorized to deny the FOID only if the applicant does not meet the listed qualifications. The FOID fee is $10 and it is valid for five years from the date of issuance. The Department shall forward to each FOID holder, a notice of expiration and a renewal notice application, 60 days prior to expiration.

A FOID may be revoked and seized if the holder made a false statement on the application, is no longer eligible, or whose mental condition poses a clear and present danger to self, others, or community. A written notice must be given with the grounds for denial or revocation and seizure.

A person whose FOID has been revoked or seized or whose FOID application was denied or not acted upon within 30 days may appeal the decision to the Director of the Department of State Police, unless it was based upon certain violent, drug, or weapons offenses. In that case, the aggrieved person may petition the circuit court in the county of his residence. If the Director upholds the Department’s decision, the applicant may appeal to the courts. Any judicial review generally will be limited to the question of whether the Department’s decision was “arbitrary and capricious.”

430 ILCS 65/4
430 ILCS 65/6

• Purchaser must have Firearms Owner’s Identification (FOID) to purchase ammunition anywhere in Illinois. It must be faxed or emailed to Huron Valley Guns (fax #00, or E-mail: sales@huronvalleyguns.com) prior to shipment.
• Prohibited: Any handgun having a barrel, slide, frame or receiver that has a die casting of zinc alloy or any other non-homogenous metal, which will melt or deform at a temperature of 800 degrees F or less
• Prohibited: Cobra, Phoenix Arms, and Heritage Arms
• Machine guns
• Rifle with barrel less than 16 inches.
• Shotgun with barrel less than 18 inches.
• Any weapon made from rifle or shotgun and as modified has overall length less than 26 inches.
• All muzzleloaders/blackpowder firearms (handguns, long guns) must ship to an FFL dealer.
• Stun Guns and Tasers require an FFL Transfer.
• Explosive or metal-piercing bullet.
• Devices made or adapted to muffle the report of firearm (firearm silencers).

• No FIREARMS
• No AMMUNITION

ACCESSORIES:

• Prohibited:
  • Collapsible, folding or thumbhole stocks.
  • Flash hiders
  • Batons
  • Magazines exceeding 10 rounds.
  • Accessories capable of functioning as a protruding grip that can be held by the non-trigger hand.

RIFLES:

• Semiautomatic rifles are prohibited.
• AR or AK pattern receivers are prohibited.

SHOTGUNS:

• Prohibited: a semiautomatic shotgun that has one or more of the following:
  • Only a pistol grip without a stock attached;
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
  • A folding, telescoping, or thumbhole stock;
  • A fixed magazine capacity in excess of five rounds; or
  • An ability to accept a detachable magazine.
• Any shotgun with a revolving cylinder is prohibited.
• Any shotgun with a fixed magazine capacity in excess of 5 rounds is prohibited.

HANDGUNS:

• Prohibited are semiautomatic pistols that have a detachable magazine AND two or more of the following:
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand.
  • A folding, telescoping or thumbhole stock.
  • Barrel shroud
  • Muzzle brake/muzzle compensator
  • Capacity to accept a detachable magazine outside the pistol grip.

ACCESSORIES/AMMUNTION:

• Box-type detachable magazines with a capacity over 10 rounds are prohibited only for long-guns.
• No collapsible, folding or thumbhole stocks.
• No flash hiders.
• No accessory capable of functioning as a protruding grip that can be held by the non-trigger hand.

RIFLES:

• Semiautomatic rifles are prohibited.
• AR or AK patterns receivers are prohibited.

SHOTGUNS:

• Semiautomatic shotguns are prohibited.
• Any shotgun with a revolving cylinder is prohibited.
• Any slide-action shotgun with a magazine capacity of 15 rounds or fewer is permitted.

HANDGUNS:

• Prohibited are semiautomatic pistols that have a detachable magazine AND two or more of the following:
  • An ammunition magazine that attaches to the pistol outside of the pistol grip
  • Threaded barrel
  • Barrel shroud
  • A manufactured weight of fifty (50) ounces or more when the pistol is unloaded
  • A semiautomatic version of an automatic firearm

ACCESSORIES/AMMUNTION:

• Long-gun magazines with a capacity of 15 rounds or more are prohibited.
• Batons are prohibited.

RIFLES:

• AR or AK patterns receivers are prohibited.
• A semiautomatic rifle that has a fixed magazine, that has the capacity to accept more than ten rounds of ammunition.
• A semiautomatic rifle that has the capacity to accept a magazine with capacity over ten (10) rounds (detachable or otherwise) AND one or more of the following:
  • Only a pistol grip without a stock attached;
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
  • A folding, telescoping or thumbhole stock;
  • A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
  • A muzzle brake or muzzle compensator.
• Additionally, the following rifles or copies or duplicates thereof are specifically prohibited:
  • AK, AKM, AKS, AK47, AK74, ARM, MAK90,
  • Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;
  • AR10;
  • AR15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
  • AR70;
  • Calico Liberty;
  • Dragunov SVD Sniper Rifle or Dragunov SVU;
  • Fabrique National FN/FAL, FN/LAR, or FNC;
  • Hi-Point Carbine;
  • HK91, HK93, HK94, or HKPSG
  • Kel-Tec Sub Rifle;
  • Saiga
  • SAR8, SAR4800;
  • SKS with Detachable Magazine;
  • SLG 95;
  • SLR 95 or 96;
  • Steyr AUG;
  • Sturm, Ruger Mini14;
  • Tavor;
  • Thompson 1927, Thompson M1, or Thompson
  • 1927 Commando; or Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil
  • Sniper Rifle (Galatz)

SHOTGUNS:

• Any shotgun with a revolving cylinder.
• A semiautomatic shotgun that has one or more of the following:
  • Only a pistol grip without a stock attached
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
  • A folding, telescoping or thumbhole stock;
  • A fixed magazine capacity in excess of five (5) rounds;
  • An ability to accept a detachable magazine.
• Additionally, the following shotguns or copies or duplicates thereof are specifically prohibited:
  • Armscor 30 BG;
  • SPAS 12 or LAW 12;
  • Striker 12; or
  • Streetsweeper

HANDGUNS:

• A semiautomatic pistol that has a fixed magazine, that has the capacity to accept more than ten (10) rounds of ammunition.
• A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
  • A folding, telescoping or thumbhole stock;
  • A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the Firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
  • A muzzle brake or muzzle compensator;
  • The capacity to accept a detachable magazine at some location outside of the pistol grip.
• Additionally, the following pistols or copies or duplicates thereof are specifically prohibited:
  • Calico M-110;
  • MAC-10, MAC-11, OR MPA3;
  • Olympic Arms OA;
  • TEC-9, TEC-DC9; TEC-22 Scorpion, or AB-10; or UZI

ACCESSORIES/AMMUNTION:

• Any magazine with capacity of more than ten (10) rounds.

State Statute or Definition: (720 ILCS 5/24-1 Stun gun or Taser definition: Any device powered by electrical charging units which fires barbs and upon hitting a human sends out a current disrupting normal functioning.)

• Handgun license required to own a Taser device (FOID card needed). (5/24-1)

It is unlawful to possess any firearm or ammunition without a valid Firearm Owner's ID (FOID).

It is unlawful to possess any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, if such weapon as modified has an overall length of less than 26 inches.

It is unlawful for any person under the age of 18 to possess a handgun, or concealable firearm.

It is unlawful for the following persons to possess a firearm or ammunition:

1. under 21 who has been adjudged delinquent or been convicted of a misdemeanor other than a traffic offense;
2. is a narcotic addict;
3. within the past 5 years has been a patient in a mental hospital;
4. is mentally retarded;
5. or a convicted felon.

It is unlawful for any person to possess any firearm with intent to use it unlawfully against another. It is unlawful to possess any firearm in any place licensed to sell intoxicating beverages, or “at any public gathering held pursuant to a license issued by any governmental body,” or at any public gathering (except a gun show) at which an admission is charged. An exception is provided for the owner, manager or an authorized employee of the specified establishments.

An unemancipated minor is not required to have a FOID in order to possess a firearm or ammunition while under the immediate control of a parent, guardian or other person in loco parentis who has a valid FOID. A person with a FOID card can loan a gun to a non-FOID card owner as long as the gun was used at a range and under the supervision of the owner.

It is unlawful to possess firearms or ammunition on the grounds or building of a school. Exempt are students in firearm training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded and enclosed in a suitable case, box, or transportation package.

720 ILCS 5/24-1

It is unlawful to carry or possess any firearm in any vehicle or concealed on or about the person, except on one’s land or in one’s abode or fixed place of business, without a license.

Exceptions are persons using their firearms on established target ranges; licensed hunters, trappers, or fishermen while engaged in their licensed activity; transportation of firearms that are broken down in a non-functioning state or are not immediately accessible (e.g., in the trunk of a car); and transportation, carrying, or possession of a firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid FOID. Under the Wildlife Code, it is unlawful to have or carry any firearm in or on any vehicle or conveyance unless unloaded and enclosed in a case.

Concealed Carry License*:

• Five-year concealed carry permits will be issued to Illinois residents at least 21 years of age with a valid FOID card 90 days after a qualified application is submitted.
• Illinois will not recognize carry licenses or permits from other states at this time; however, non-resident Illinois Concealed Carry Licenses will be available with an increased fee of $300 if the interested applicant’s state’s concealed carry license laws are “substantially similar” to Illinois’. Illinois State Police must first establish which elements of other state’s permits meet the “substantially similar” requirement.

To qualify for a license to conceal carry, an Illinois resident must:

• Pay a $150 fee;
• Be subjected to fingerprinting for an additional fee in order to avoid delayed processing of one’s application;
• Undergo 16 hours of training (which includes a “live fire” component). Eight hours of prior training may be credited if it is “approved by the Department [of State Police] and recognized under the laws of another state or if the applicant is an active, retired, or honorably discharged member of the Armed Forces.”
• A list of approved Concealed Carry Firearms instructors is available on the Illinois State Police website: https://www.ispfsb.com/Public/instructors.aspx
• A list of approved CCW curricula by the Illinois State Police: https://www.isp.state.il.us/appriss/ccw/CCWApprovedCurriculum.pdf

An applicant will be disqualified if:

• Convicted or found guilty in Illinois or any other state of:
  • 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 last 5 years.
  • A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years.
• Applicant is the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification.
• Applicant has been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 years.
• Any law enforcement agency may object to the issuance of a license to an otherwise qualified applicant on the basis of reasonable suspicion that the applicant presents a danger to self or others or is a threat to public safety. Such an objection sends the application for review by the Concealed Carry Licensing Board, which consists of a total of 7 judicial, law enforcement, and mental health professionals appointed by the Governor. The Board generally will issue a decision in 30 days as to whether it has determined, by a preponderance of the evidence, if the applicant is eligible or ineligible for a license.

Preemption:

• Illinois has comprehensive preemption of handgun and handgun ammunition-related local ordinances for anyone with a valid FOID card, and preemption of “assault weapon” bans enacted after July 19th. Regulation of laws relating to the concealed carrying of handguns is now reserved to the state. Please check with your local jurisdiction for any other prohibitions or regulations on firearms that were in place prior to July 19th that may affect you.
• Illinois law now contains increased protection for those who are traveling with firearms, since the preemption of local firearms ordinances applies to all individuals with a valid FOID card who are transporting firearms in compliance with all state regulations. A personal vehicle is also a safe haven for transport of firearms by non-Illinois residents not otherwise prohibited from possession.

Storage:

• In addition to the safe harbor found in one's vehicle, licensees who wish to store their firearm in the trunk of their vehicle while visiting an otherwise prohibited location may exit their vehicle while in the parking lot in possession of the firearm for the purposes of storing it in the trunk. They may also store the firearm in the passenger compartment of their vehicle in some sort of container as long as either the vehicle or container is locked and the firearm remains out of plain view.

Prohibited Places:

Under the new law there is an extensive list of places where carrying firearms is prohibited, even with a concealed handgun license. Three or more violations will result in a permanent revocation of license. The list of prohibited places includes, but is not limited to:

• Schools and child care facilities
• Colleges and Universities
• Courthouses
• Libraries
• Government buildings
• Public playgrounds
• Public parks (trails excluded)
• Bars (and any restaurant deriving more than half of its profits from alcohol)
• Public transportation
• Permitted public gatherings, such as festivals or parades
• Museums
• Stadiums
• Zoos

*Serious concerns remain about the implementation, cost and issuance of concealed carry licenses in Illinois. NRA-ILA will continue to update you on developments related to concealed carry in Illinois and fight to ensure that licenses are issued in a timely manner to those law-abiding Illinoisans interested in their inherent right to self-defense.

It is unlawful to sell, manufacture, purchase, possess or carry any weapon from which more than one shot may be discharged by a single function of the trigger, including the frame or receiver of any such weapon.

It is unlawful to sell, manufacture, purchase, possess or carry any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled.

There is an exception to the above prohibition, providing for the manufacture, transportation, and sale of machine guns to law enforcement and military personnel for official purposes, provided such weapons are “broken down in a non-functioning state or not immediately accessible.”

This prohibition does not apply to persons licensed to manufacture machine guns or ammunition under federal law and who are actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are in the lawful scope of such business, such as the manufacture, transportation or testing of such weapons or ammunition.

An antique firearm which “the Department of State Police finds by reason of the date of manufacture, value, design, and other characteristics is primarily a collectors item and is not likely to be used as a weapon” is exempt from the above regulations on purchase.

430 ILCS 65/1.1

A non-resident is permitted to possess a firearm without a FOID if it is unloaded and enclosed in a case, or if the nonresident is:

•  Hunting and has a non-resident hunting license, while in an area where hunting is permitted.
• On a target range recognized by the Department of State Police.
• At a gun show recognized by the Department of State Police.
• Currently licensed or registered to possess a firearm in his state of residence.

430 ILCS 65/2

• It is unlawful for a dealer to sell any handgun “having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other non-homogeneous metal which will melt or deform at a temperature of less than 800 degrees F.”
• It is unlawful to alter or obliterate any serial number, maker’s name or other identifying mark on any firearm. Possession of a firearm with an altered or obliterated mark raises a legal presumption that the possessor committed the offense.
• Any stolen weapon, if confiscated by police when no longer needed for evidentiary purposes, must be returned to the person entitled to possession, if known.
• It is unlawful to possess, manufacture or use any metal piercing, dragon’s breath shotgun shell, bolo shell, flechette shell, or explosive bullet.
• It is unlawful to possess a silencer.
• It is unlawful to possess or store any firearm on land supported in whole or in part with state or federal funds administered through state agencies or in any building on such land without prior written permission from the chief security officer for such land or building. The chief security officer “must grant any reasonable request for permission.”

430 Ill. Comp. Stat. § 65/1.1 et seq., 520 Ill. Comp. Stat. § 5/2.33(n); 720 Ill. Comp. Stat. § 5/24-1 et seq., and 720 Ill. Comp. Stat. § 5/21-6.