Illinois Gun Restriction Laws

Illinois has various gun restrictions in place to ensure the safety of its residents. One significant regulation is the “Child Access Prevention Law.” This law mandates that gun owners take reasonable steps to secure their firearms and prevent unauthorized access, especially by minors. If a gun owner doesn’t comply and a minor gains access to the firearm, the owner can face legal consequences.

Does Illinois Require Background Checks?

Yes, Illinois requires criminal background checks to buy guns. On August 3, 2021, Governor JB Pritzker signed into law House Bill 562, which will mandate universal background checks on all gun sales in Illinois starting in 2024.

The law will require licensed gun dealers to conduct background checks on all firearm buyers, regardless of whether they are buying from a private individual or another dealer. The law will also require licensed gun dealers to keep records of all transactions for up to 20 years and report any prohibited persons to the Illinois State Police.

The law will also prohibit individuals from buying firearms from out-of-state dealers without a valid reason, such as hunting or collecting. The law will also prohibit individuals from buying firearms from private sellers without a valid reason, such as family or friends. The law will also prohibit individuals from buying firearms from online platforms that do not verify the identity and background of the seller.

The law will also create a stolen gun database to track and prevent the transfer of firearms reported as stolen or lost. The law will also provide funding for mental health programs in communities most impacted by gun violence and create a task force to study the causes and prevention of gun violence.

Is It Illegal to Carry a Concealed Weapon?

It is illegal to carry a concealed weapon in Illinois without a valid Concealed Carry License (CCL). On July 9, 2013, Public Act 98-63, the Firearm Concealed Carry Act became state law. This law requires an Illinois Concealed Carry License to carry a concealed firearm in Illinois.

The CCL is a separate card from the Firearm Owner’s Identification Card (FOID), which is required to own and transport a firearm in Illinois. The CCL is valid throughout the state for five years and may be renewed for additional five-year periods upon application.

The CCL allows you to carry a loaded or unloaded handgun on your person or within a vehicle, as long as it is completely or mostly concealed from the view of the public. The CCL also allows you to carry a firearm in certain places that are not prohibited by law, such as schools, courthouses, airports, and government buildings.

To apply for a CCL, you need to be at least 21 years old and pass a background check and a firearms training course. You must also pay an application fee of $50 and submit an application form with your fingerprints and photo. You can apply for the CCL online or an authorized firearms instructor.

Does Illinois Require a License to Possess Firearms?

Anyone wishing to own or purchase a firearm in Illinois needs a Firearm Owner’s Identification card. This card is issued after a background check and ensures that the individual meets all state requirements for gun ownership.

Does Chicago Require Registration of Firearms?

No, Chicago does not require registration of firearms. Chicago used to have a Chicago Firearm Permit process, which was abolished in 2013. The gun registration process was also discontinued in Illinois.

Instead, Illinois requires all firearm owners to obtain a Firearm Owner’s Identification Card from the Illinois State Police. The FOID is a background check card that allows you to own and transport a firearm in Illinois. You can apply for the FOID online or at a firearm store. The application fee is $10, which takes about 30 days to process.

The FOID does not allow you to carry a loaded gun. If you want to carry a loaded gun, apply for a Concealed Carry License (CCL) from the Illinois State Police. The CCL is a separate card that requires additional training and fees. You can apply for the CCL online or at a firearm store.

The FOID and the CCL are valid for five years and can be renewed online or in person at a firearm store. You must renew your FOID or CCL before expiring to keep your firearm ownership privileges.

Does Illinois Have a Ban on Assault Weapons?

Yes, Illinois has a ban on assault weapons. On January 10, 2023, Governor JB Pritzker signed into law Public Act 102-1116, the Protect Illinois Communities Act. The Act bans the sale and distribution of assault weapons, high-capacity magazines, and switches in Illinois. The Act went into effect immediately upon signing.

The Act defines an assault weapon as any firearm that has one or more of the following features:

• A pistol grip
• A folding or telescoping stock
• A detachable magazine that holds more than 10 rounds
• A muzzle brake or flash suppressor

The Act defines a high-capacity magazine as any magazine with over 15 rounds.

The Act provides an exception for individuals who possessed assault weapons, high-capacity magazines, and other devices listed in the Act before it took effect. Those individuals must submit an endorsement affidavit through their Firearm Owner’s Identification Card account by January 1, 2024. The affidavit must include each weapon’s name, date of birth, FOID card number, make, model, caliber, serial number, and locking mechanism.

The Act also requires individuals who sell or transfer assault weapons to obtain a license from the Illinois State Police and to report any sales or transfers to the state database. The Act also prohibits individuals from possessing assault weapons in certain places, such as schools, courthouses, airports, and government buildings.

The Act was challenged in several lawsuits claiming it violated the U.S. Constitution’s Second Amendment. However, on August 11, 2023, the Illinois Supreme Court upheld the constitutionality of the Act in a ruling that said it did not infringe on the right to keep and bear arms. The court said the Act was a reasonable regulation of firearms narrowly tailored to serve a compelling state interest in public safety.

Do I Need a Lawyer for Help with Illinois Gun Law Violations?

Understanding and abiding by Illinois gun laws can sometimes be challenging due to their complexity. When faced with allegations or charges associated with illegal firearm possession, illegal sales, or other gun-related infractions, the stakes can be high.

A qualified attorney can:

• Help you understand your rights under the Illinois gun laws and local ordinances.
• Offer defense strategies if you’re facing gun-related charges.
• Advise on the process for obtaining or reinstating gun licenses or permits.
• Assist in the appeal process if you have been unjustly denied a firearm permit.
• Provide insights on how to transfer firearms or navigate inheritances involving guns legally.

By proactively seeking legal counsel, you’re taking a significant step toward ensuring that your rights are upheld and making informed decisions about firearm ownership and usage in Illinois.

LegalMatch understands the importance of connecting people with the right legal representation, especially in gun law violations. You can find a seasoned and committed Illinois criminal lawyer who handles firearm regulation cases through LegalMatch. By starting your search today, you’re prioritizing your rights and protecting your future in the face of Illinois’ complex gun laws.