Illinois Gun Laws
Subject/LawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?YesYes430 ILCS 65FOID (Firearm Owner’s Identification card) required.
Owner permit required?YesYes430 ILCS 65FOID required.
Firearm registration?NoNo
License required for concealed carry?N/AYesPublic Act 098-0063: Firearm Concealed Carry ActShall-issue with limited discretion.[61] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with “substantially similar” licensing requirements can apply for an Illinois nonresident license.
Open carry allowed?NoNo720 ILCS 5/24
Vehicle carry allowed?NoYesPublic Act 098-0063: Firearm Concealed Carry ActAn Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state.
State preemption of local restrictions?PartialPartialPublic Act 098-0063: Firearm Concealed Carry ActPreemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
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, as have several Chicago suburbs, prior to the preemption deadline of July 20, 2013.
Magazine capacity restriction?NoNoNo state-level restrictions. Some local jurisdictions have enacted various magazine capacity restrictions.
NFA weapons restricted?YesYes720 ILCS 5/24
720 ILCS 5/24-2
Automatic firearms, short-barreled shotguns, and suppressors 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.
Castle doctrine / stand your ground laws?PartialPartial720 ILCS 5Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary “to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” There are some additional protections for defense against unlawful entry into a dwelling.
Peaceable journey laws?PartialYesPublic Act 098-0063: Firearm Concealed Carry ActIllinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons.
Background checks required for private sales?YesYes430 ILCS 65The seller must verify the buyer’s FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years.
Red flag law?YesYesPublic Act 100-0607: Firearms Restraining Order Act
430 ILCS 65
Family members or police can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person’s firearms must be returned to them within six months unless the court finds grounds to renew the suspension. Additionally, under certain circumstances the Illinois State Police can revoke the FOID of a person who has been determined to be a clear and present danger to themselves or to others.
Waiting period?YesYesPublic Act 100-0606After purchasing a firearm, the waiting period before the buyer can take possession is 72 hours.


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