Hello and welcome to this week’s edition of Gun Law weekly. Before we jump into this week’s State, Illinois, we’d like to quickly address that there were a few errors in last weeks’ article about gun laws in Texas. Thank you readers’ for pointing out those errors and this week we are working harder to provide direct links to the relevant legislature and are reading the legislature directly so that we can avoid these mistakes in the future.
With that being said the show must go on so without further ado: Illinois.
To purchase a firearm of any kind in Illinois you need a Firearm Owner’s Identification (FOID) card (430 ILCS 65/2). After you obtain an FOID though you do not need to register any firearms you purchase. In purchasing a handgun however there is a 72 hour mandatory waiting period before picking up your new handgun and there is a 24 hour holding period on any rifle or shotgun before you can take possession (720 ILCS 5/24-3). If you are purchasing multiple firearms or need a gun case to transport your new firearm securely then this would be a good time to look at gun lockers and other gun storage solutions.
The requirements to obtain a FOID card are as follows:
- At least 21 years old, or at least 18 with parental consent (and a parent who is eligible for a FOID card).
- A U.S. citizen or legal resident, and
- Eligible to obtain and possess a firearm under federal law.
Additionally you must not be:
- A convicted felon.
- A minor convicted of certain misdemeanors, crimes that would be felonies if committed by an adult, or who has been adjudicated delinquent,
- Addicted to certain controlled substances, or
- “mentally impaired” or “intellectually disabled”
Transportation and Carrying
Moving onto transporting and carrying your gun, residents of Illinois can conceal carry their handgun if they obtain a concealed carry license from the Illinois State Police. For a full list of the eligibility requirements you can visit their site here. Otherwise you are still allowed to transport your firearm as long as you meet one of the following conditions:
- Are broken down in a non-functioning state.
- Are not immediately accessible.
- Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid FOID Card.
This is not a full list, I highlighted the first three because these are the easiest to achieve. There are also additional exceptions made for hunting and target shooting in regards to transportation and open carry. To see all of conditions you can transport your firearm in see the link at the bottom of the article for 720 ILCS 5/24-1 (4). There are also location restrictions where concealed carry permit owners aren’t allowed to have their handgun. This extensive list can be found here.
Non-residents are allowed to have a firearm without an FOID if it is unloaded and in a case or if they are:
– 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. (NRA-ILA)
The section of the law that deals with non-resident firearm possession referenced here is 430 ILCS 65/2, which deals with FOID Card exceptions, as is the case with most non-residents. Non-residents are allowed to obtain a Concealed Carry License so if you are frequently in Illinois this may be a good solution for you.
These are the basic firearm laws in Illinois. The majority of this information was found in the FOID Act, Concealed Carry Act and the Unlawful Use of Weapons Act. With interpretation help from the NRA, Law Center to Prevent Gun Violence and the Illinois State Police website.
Like all laws these are subject to change. There may also be county and city laws not covered in this article that change your ability to carry, transport and otherwise possess your firearm.