Gun laws in Illinois

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Location of Illinois in the United States

Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.[1][2]

Illinois does not issue licenses for the concealed carry of firearms, nor does it recognize licenses issued by other states. Illinois is the only state that does not allow concealed carry in some form. Open carry is also prohibited in most areas. When a firearm is being transported, it must be unloaded and enclosed in a case. On December 11, 2012, these blanket restrictions were struck down as unconstitutional by a federal appeals court panel, which gave the state 180 days to change its laws. On February 22, 2013, a request by the Illinois attorney general for a rehearing by the full appeals court was denied.

To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, issued by the state police. Non-residents who may legally possess firearms in their home state are exempt from this requirement. There is a waiting period to take possession after purchasing a firearm — 72 hours for a handgun, or 24 hours for a rifle or shotgun. Private sales are allowed, and are subject to these same requirements. Possession of automatic firearms, short-barreled shotguns, or silencers is prohibited. Possession of short-barreled rifles is permitted only for those who have ATF Curios and Relics licenses or are members of a military reenactment group.

Illinois does not have state preemption for gun laws, and some local governments have enacted ordinances that are more restrictive than those of the state.

Contents

Summary table

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit to purchase?YesYes430 ILCS 65FOID required.
Firearm registration?NoNoChi. Mun. Code §8-20-110The city of Chicago requires registration of firearms. Residents must complete a firearm safety course, pass a background check including fingerprinting, and pay a $100 permit fee which is renewed every three years. Registration of any handgun assumes an additional one time fee of $15.
"Assault weapon" law?NoNoCook Co. Code of Ord. §54-211
Chi. Mun. Code §8-20-170
Cook County and the city of Chicago have separately banned the possession of "assault weapons".
Magazine Capacity Restriction?NoNoMany Illinois cities have magazine capacity limits for both pistols and long guns, including Chicago (12 rds), Oak Park (10 rds) and Aurora (12 rds).
Owner license required?YesYes430 ILCS 65FOID required.
Carry permits issued?NoNo
Open carry?NoNo
State preemption of local restrictions?NoNo
NFA weapons restricted?YesYes720 ILCS 5/24
720 ILCS 5/24-2
Automatic firearms, short-barreled shotguns, and silencers prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Peaceable journey laws?NoNoNon-Illinois residents who are permitted to possess a firearm in their home state are not required to have a FOID card.

FOID cards

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the Illinois State Police.[3] The police must issue FOID cards to eligible applicants. An applicant is disqualified if he or she has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal immigrant.[4] There are additional requirements for applicants under the age of 21.[5]

When a firearm is sold or transferred, the buyer is required to present their FOID card. This applies to private sales between individuals as well as to sales by Federal Firearms License (FFL) holders. For private sales, the seller is required to keep a record of the transfer for at least 10 years.[6] For FFL sales, the seller must retain the federal Form 4473 for at least 20 years. For firearm sales by an FFL holder, or at a gun show, the seller must perform an automated dial-up check with the State Police, to verify that the FOID card is valid, and to redo the background check of the buyer;[3] this additional checking is known as the Firearm Transfer Inquiry Program (FTIP).[7] The buyer is also required to present their FOID card when purchasing ammunition.

In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card.[8][9]

Concealed and open carry

Illinois does not issue concealed carry licenses, nor does it accept CCLs issued by other states. It is the only state that has no provision for the concealed carry of firearms by citizens.[10] (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.)[11] Open carry is also illegal, except when hunting, or in a fixed place of business with owner's permission, or in one's abode. When a firearm is being transported, it must be unloaded and enclosed in a case.[12]

Several rural counties have refused to enforce the statewide prohibition on concealed carry.[13]

On December 11, 2012, a three-judge panel of the U.S. Seventh Circuit Court of Appeals, in the case of Moore v. Madigan, ruled that Illinois' concealed carry ban is unconstitutional, and gave the state 180 days to change its laws.[14][15] On January 8, 2013, the Illinois attorney general requested that the decision be reviewed by the full appeals court.[16] This request was rejected on February 22, 2013. The attorney general is considering whether or not to appeal to the U.S. Supreme Court.[17] Barring a stay of the appeals court ruling, Illinois will technically become an "unrestricted" carry state on June 8, 2013 if the Illinois General Assembly fails to adopt legislation establishing a permitting system for firearms carry by that date.

Other state laws

Article 1 section 22 of the Illinois Constitution states, "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."[18]

When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession. The waiting period for a rifle or shotgun is 24 hours.[12]

When a firearm is sold by a licensed dealer, the seller is required to provide a gun lock, unless the firearm itself includes an integrated locking mechanism.[19]

A gun owner can be charged with a crime if a minor under the age of 14 gains access their firearm when it is unsecured (i.e. not locked in a box or secured with a trigger lock) and causes death or great bodily harm.[20]

The possession of automatic firearms (such as machine guns), short-barreled shotguns, short-barreled rifles, or silencers is prohibited.[12] However, possession of short-barreled rifles is allowed for ATF Curios and Relics license holders, or, if the rifle is historically accurate has an overall length of at least 26 inches, for members of a bona fide military reenactment group.[21] While possession of a large-bore destructive device itself is not prohibited, possession of an artillery projectile, shell or grenade with over 1/4 ounce of explosive is prohibited.[12] There is no prohibition against non-sporting shotguns (such as the Armsel Striker) deemed destructive devices by the ATF.

Air guns that are larger than .18 caliber and that have a muzzle velocity greater than 700 feet per second are also regulated.[22]

Local laws

Illinois does not have state preemption of firearm laws, and some local governments have passed laws that are more restrictive than those of the state.

Chicago requires that all firearms be registered with the police department.[23] Gun owners are required to have a Chicago Firearm Permit.[24] The city has banned the possession of certain semi-automatic firearms that it defines as assault weapons, as well as magazines that can hold more than 12 rounds of ammunition.[25] Chicago residents must "immediately" report a firearm that is stolen or lost, and must report the transfer of a firearm at least 48 hours in advance.[26] Chicago also prohibits the sale of firearms within city limits.[27]

Cook County has banned the possession of certain semi-automatic firearms that it has defined as assault weapons, and magazines that can hold more than 10 rounds of ammunition.[28][29] Starting in August 2013, residents must report to the county sheriff within 48 hours any firearms that are stolen, lost, transferred, or sold. The sheriff may share this information with other law enforcement agencies.[30] In Cook County, local laws, such as those of Chicago, take precedence over county laws that regulate similar matters.[31]

Other municipalities have also enacted various firearm restrictions.[32] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.

Local restrictions on the possession of handguns

Some Illinois municipalities have laws restricting the possession of handguns.

Current laws

In Chicago, gun owners are required to have a Chicago Firearm Permit, which costs $100 and must be renewed every three years.[24] Before getting the permit, the resident must complete a training course that includes at least four hours of classroom training and one hour of range time. Each gun must be registered with the Chicago Police Department at a one-time cost of $15 per gun, and an annual registration report must be filed every year.[33] Gun possession is permitted only inside a dwelling, not in a garage or on the outside grounds of the property. Only one gun at a time may be kept in a usable state.[34][35][36] Chicago's ordinances are being challenged in court, with plaintiffs alleging that they are so restrictive and burdensome as to interfere with citizens' Second Amendment right to keep and bear arms.[37][38][39]

Highland Park bars handgun possession unless the resident has obtained a permit from the Highland Park Police. The permit must be renewed every year, and the resident must attend a gun safety and training session, given by the police, every three years.[40]

History

By the late 1980s, several Illinois municipalities had banned the possession of handguns. Chicago required the registration of all firearms but did not allow handguns to be registered, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.[41][42] Additionally, several Chicago suburbs had enacted outright prohibitions on handgun possession.

On June 26, 2008, the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[43] Chicago and the other municipalities came under legal pressure to change their laws.[44][45] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[46] Morton Grove,[47] Evanston,[48] and Winnetka,[49] but Chicago and Oak Park kept their laws in effect.[48][50]

On June 28, 2010, in the case of McDonald v. Chicago, the U.S. Supreme Court ruled the handgun bans of Chicago and Oak Park to be unconstitutional.[51]

On July 12, 2010 a new Chicago city ordinance took effect that allows limited handgun possession after passing a firearms training course and obtaining a permit from the police. Chicago's gun registration requirement is still in effect.[34][35]

On July 19, 2010 Oak Park amended its town ordinance to allow handgun possession in one's home, leaving no remaining town in Illinois that completely bans handguns.[52]

References

  1. ^ "State Gun Laws: Illinois", National Rifle Association – Institute for Legislative Action (NRA-ILA). Retrieved December 23, 2011.
  2. ^ "Illinois State Law Summary", Law Center to Prevent Gun Violence. Retrieved August 22, 2012.
  3. ^ a b "Illinois General Assembly – 430 ILCS 65 – Firearm Owners Identification Card Act". Ilga.gov. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%26nbsp%3BILCS%26nbsp%3B65%2F&ChapterID=39&ChapterName=PUBLIC%2BSAFETY&ActName=Firearm%2BOwners%2BIdentification%2BCard%2BAct%2E. Retrieved November 23, 2011.
  4. ^ "Illinois General Assembly – Public Act 095-0581". Ilga.gov. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0581. Retrieved November 23, 2011.
  5. ^ "Illinois State Police – Firearm Owner's Identification Information". Isp.state.il.us. December 19, 2008. http://www.isp.state.il.us/foid/. Retrieved November 23, 2011.
  6. ^ "Acquiring or Transferring Firearms in Illinois", Illinois State Police. Retrieved January 12, 2013.
  7. ^ Illinois Administrative Code Part 1235 — Firearm Transfer Inquiry Program. Retrieved January 12, 2013.
  8. ^ Thomason, Andrew (April 7, 2011). "Supreme Court Says Only Residents Need FOID Gun Card", Illinois Statehouse News. Retrieved December 23, 2011.
  9. ^ Associated Press (April 7, 2011). "Ill. Court Allows Nonresidents to Transport Guns". Peoria Journal Star. http://www.pjstar.com/free/x816852171/Ill-court-allows-nonresidents-to-transport-guns. Retrieved December 11, 2011.
  10. ^ Associated Press (June 22, 2011). "Illinois About to Be Only State to Ban Concealed Weapons", Chicago Tribune. Retrieved January 22, 2012.
  11. ^ "Illinois Retired Officer Concealed Carry Program". Irocc.org. http://www.irocc.org/. Retrieved November 23, 2011.
  12. ^ a b c d "Illinois Compiled Statutes 720 5/24–1 – Unlawful Use of Weapons". Illinois General Assembly. http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1. Retrieved February 26, 2013.
  13. ^ Associated Press (August 21, 2012). "McLean Co. State's Attorney Takes Aim at Gun Laws", San Francisco Chronicle. Retrieved August 22, 2012.
  14. ^ Long, Ray, et al. (December 11, 2012). "Concealed Carry: Court Strikes Down Illinois' Ban", Chicago Tribune. Retrieved December 11, 2012.
  15. ^ Neil, Martha (December 11, 2012). "7th Circuit Strikes Illinois Concealed-Carry Ban, Gives State 180 Days to Revise Gun Law", ABA Journal. Retrieved March 25, 2013.
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  17. ^ Long, Ray (February 22, 2013). "Court to Lisa Madigan: No Rehearing on Concealed Carry Guns Ruling", Chicago Tribune. Retrieved February 22, 2013.
  18. ^ Constitution of the State of Illinois, Illinois General Assembly website. Retrieved January 2, 2013.
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  20. ^ "Child Access Prevention in Illinois", Law Center to Prevent Gun Violence. Retrieved December 25, 2012.
  21. ^ "Illinois Compiled Statutes 720 5/24–2 – Unlawful Use of Weapons – Exemptions". Illinois General Assembly. http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-2. Retrieved February 26, 2013.
  22. ^ "Illinois General Assembly – Public Act 097-0776 – Amendment to the Firearm Owners Identification Card Act". Ilga.gov. http://ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0776. Retrieved December 1, 2012.
  23. ^ "Municipal Code of Chicago, section 8-20-040, Registration of firearms". Amlegal.com. http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=altmain-nf.htm$3.0#JD_ch08_020.x1-8-20-040. Retrieved November 23, 2011.
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  25. ^ "Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 170 – Unregisterable firearms". American Legal Publishing Corporation. http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-170. Retrieved December 23, 2012.
  26. ^ "Municipal Code of Chicago, section 8-20-185, Additional duties". Amlegal.com. http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-185. Retrieved January 11, 2013.
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  28. ^ "Cook County, Illinois, Code of Ordinances – Part I, Chapter 54, Article III, Division 4 – Blair Holt Assault Weapons Ban". Library.municode.com. http://library.municode.com/HTML/13805/level4/PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA.html. Retrieved November 23, 2011.
  29. ^ Maloney, Andrew (April 5, 2012). "Court Reinstates Suit Challenging Cook County Assault Weapons Ban", Chicago Sun-Times. Retrieved April 8, 2012.
  30. ^ Donovan, Lisa (February 5, 2013). "County's New Gun-Control Ordinance Takes Aim at Straw Buyers", Chicago Sun-Times. Retrieved February 7, 2013.
  31. ^ Byrne, John (February 5, 2013). "Suburban Cook Gun Owners to Face Fines for Not Reporting Stolen Guns", Chicago Tribune. Retrieved February 7, 2013.
  32. ^ "Illinois State Police – Municipal Ordinances Relating to Firearms". Isp.state.il.us. August 3, 2001. http://www.isp.state.il.us/foid/ordinances.cfm. Retrieved November 23, 2011.
  33. ^ "Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 150 – Application fees". American Legal Publishing Corporation. http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-150. Retrieved November 5, 2012.
  34. ^ a b Byrne, John and Dardick, Hal (July 2, 2010). "City Council Passes Daley Gun Restrictions 45-0", Chicago Tribune. Retrieved December 23, 2011.
  35. ^ a b Lee, William (December 12, 2010). "Gun Owners: Permit Process Not Exactly as Fast as a Speeding Bullet", Chicago Tribune. Retrieved December 23, 2011.
  36. ^ (May 5, 2012.) "Step-by-step Chicago Firearm Registration", Chicago Gun Owners. Retrieved October 31, 2012.
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  39. ^ Byrne, John (July 9, 2010). "New Gun Ban Prompts New Lawsuit", Chicago Tribune. Retrieved December 23, 2011.
  40. ^ Highland Park City Code — Chapter 134: Handgun Control
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  42. ^ Associated Press (April 13, 1982). "Chicago Gun Law Spurs Deluge of Applications". New York Times. Retrieved November 23, 2011. 
  43. ^ Greenhouse, Linda (June 27, 2008). "Justices Rule for Individual Gun Rights", New York Times. Retrieved December 23, 2011.
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  46. ^ Kuczka, Susan, and Dardick, Hal (July 25, 2008). "Wilmette Repeals Town's Handgun Ban After High Court Ruling", Chicago Tribune. Retrieved January 22, 2012.
  47. ^ Channick, Robert, and Kridel, Kristen (July 28, 2008). "Morton Grove Repeals 27-Year-Old Gun Ban", Chicago Tribune. Retrieved January 22, 2012.
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  49. ^ Black, Lisa (November 19, 2008). "Winnetka Repeals Handgun Ban", Chicago Tribune. Retrieved January 22, 2012.
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  52. ^ Sun-Times Media Wire (July 20, 2010). "Oak Park Law Amended to Allow Guns in Registered Users' Homes", Fox Chicago News. Retrieved January 22, 2012.