Illinois State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Illinois, all firearms transfers by licensed dealers are processed directly through the Department of State Police (DSP), which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). Federally licensed firearms dealers must contact the DSP for a background check before transferring any firearm. 430 Ill. Comp. Stat. 65/3.1. The DSP searches its criminal history record information files, the FBI and NICS databases, and the files of the Department of Human Services relating to mental health and developmental disabilities to verify that prospective purchasers are not prohibited from possessing a firearm. Id. The DSP must approve the transfer or inform the dealer of the applicant's ineligibility within the waiting periods set forth by state law, which are 24 hours for long guns and 72 hours for handguns. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g).

No person may acquire or possess any firearm, stun gun, taser, or ammunition in Illinois without having a valid Firearm Owner's Identification (FOID) card, issued by DSP. 430 Ill. Comp. Stat. 65/2(a)(1), (2). Various limited exceptions exist to the FOID card requirement for federal and state law enforcement, military and national guard personnel, and non-residents.  430 Ill. Comp. Stat. 65/2(b).  The FOID card process is designed to identify persons who, for various reasons in the public interest, are not qualified to acquire or possess firearms or ammunition.  430 Ill. Comp. Stat. 65/1.

The DSP must approve or deny all FOID card applications within 30 days from the date they are received.  430 Ill. Comp. Stat. 65/5.  The DSP may deny or revoke a FOID card under 430 Ill. Comp. Stat. 65/8 only if the DSP finds that the prospective purchaser is or was at the time of issuance:

• An individual under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, or who does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a FOID card;

• One convicted of a felony under the laws of Illinois or any other jurisdiction;

• Addicted to narcotics;

• A patient of a mental institution within the past 5 years;

• Impaired by a mental condition (defined as a state of mind manifested by violent, suicidal, threatening or assaultive behavior) of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

• Mentally retarded;

• One who intentionally makes a false statement on the FOID card application;

• An alien unlawfully present in the United States under the laws of the United States (subject to certain exceptions, including aliens admitted to the U.S. for lawful hunting or sporting purposes, and foreign law enforcement officers in the U.S. on official business);

• Subject to an existing order of protection prohibiting him or her from possessing a firearm;

• One 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; 

• One who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;

• One who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;

• Prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois state statute or by federal law;

• A minor subject to a juvenile petition alleging that he or she is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or

• An adult who had been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony.            

See the Illinois Licensing of Gun Purchasers/Owners section for additional rules regarding FOID cards.

Except at gun shows (see the Illinois Gun Shows section for more information on background check requirements at gun shows), private firearms sellers (i.e., persons who are not federally licensed) are not required to conduct background checks in Illinois, but all sellers must be presented with a prospective purchaser's FOID card. 430 Ill. Comp. Stat. 65/3(a). Federal and state purchaser prohibitions also apply to private firearms transfers. See the Illinois Private/Secondary Sales section for more information on private sellers.

No relevant statutes currently exist.

Carrying Concealed Firearms Prohibited

Illinois prohibits any person from knowingly carrying or possessing a firearm concealed on or about his or her person, except on his or her own land, abode or fixed place of business. 720 Ill. Comp. Stat. 5/24-1(a)(4). This prohibition does not apply to transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid Firearm Owner's Identification (FOID) card. Id. Various exceptions apply, including carrying firearms for hunting and target shooting. 720 Ill. Comp. Stat. 5/24-2.

Open Carrying/Exposed Firearms

Illinois prohibits any person from knowingly carrying or possessing a firearm upon any public lands within the corporate limits of a city, village or incorporated town, except on the person's own land or in his or her own home or fixed place of business, or except when invited therein or thereon, for the purpose of the display of such firearm or the lawful commerce in firearms. 720 Ill. Comp. Stat. 5/24-1(a)(10). The statute does not apply to transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid FOID card. Id. Persons are also prohibited from carrying or possessing a firearm in the shape or appearance of a wireless telephone. 720 Ill. Comp. Stat. 5/24-3.6.

Transportation of Firearms

Illinois prohibits any person from knowingly carrying or possessing a firearm in any vehicle except on the person's own home, land, or fixed place of business. 720 Ill. Comp. Stat. 5/24-1(a)(4). The statute does not apply, however, to the transportation of firearms that are: 1) broken down in a non-functioning state; 2) not immediately accessible; or 3) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with a currently valid FOID card. Id.

Illinois prohibits any person from storing or leaving his or her firearm unlocked and accessible to a minor under the age of 14 if that person knows or has reason to believe that the minor under the age of 14 who does not have a Firearm Owner’s Identification (FOID) card is likely to gain access to the firearm and the minor causes death or great bodily harm with that firearm. 720 Ill. Comp. Stat. 5/24-9(a). This provision does not apply if the firearm is: 1) secured by a device, other than the firearm safety, designed to render the firearm temporarily inoperable; 2) placed in a securely locked box or container; or 3) placed in some other location that a reasonable person would believe to be secured from a minor under the age of 14. Id.

When a minor under the age of 21 legally acquires a FOID card by obtaining the permission of a parent or guardian, that parent or guardian becomes liable for civil claims for damages resulting from the minor's use of firearms or ammunition. 430 Ill. Comp. Stat. 65/4(c).

Illinois does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Illinois Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Illinois Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 1,905 federally licensed firearms dealers and pawnbrokers in Illinois. Federal firearms licensee totals for Illinois as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

All sellers are required to conduct background checks on prospective firearm purchasers at gun shows in Illinois. 430 Ill. Comp. Stat. 65/3(a-5). Any person who is not a licensed dealer who desires to transfer or sell a firearm at a gun show must first request the Department of State Police to conduct a background check on the prospective recipient. 430 Ill. Comp. Stat. 65/3(a-5). The Department of State Police must assign a unique identification number to the transfer, if approved, which is to be provided to the transferor. 430 Ill. Comp. Stat. 65/3.1(c). Approvals are valid for 30 days. 430 Ill. Comp. Stat. 65/3.1(d). The unique identification number must be recorded by the transferor on the record of the transfer, which (like all such transfer records) must be kept for 10 years. 430 Ill. Comp. Stat. 65/3(b).

"Gun show" is defined as "an event or function: 1) at which the sale and transfer of firearms is the regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or 2) at which not less than 10 gun show vendors display, offer, or exhibit for sale, sell, transfer, or exchange firearms." 430 Ill. Comp. Stat. 65/1.1. A gun show includes the entire premises provided for the event, including parking areas.

Non-residents of Illinois cannot purchase handguns at gun shows, but may buy rifles or shotguns and ammunition for such long guns if they are residents of Iowa, Missouri, Indiana, Wisconsin or Kentucky, or are residents of another state with a valid non-resident hunting license. 430 Ill. Comp. Stat. 65/3a(b). The non-residents of Illinois must not be otherwise prohibited by the laws of Illinois, their state of domicile, or federal law from purchasing or possessing such guns. Id. Non-residents who purchase firearms at gun shows are not subject to the statutory waiting periods. 720 Ill. Comp. Stat. 5/24-3(g).

See the Illinois Private/Secondary Sales section for other state laws that apply at gun shows.

Under 740 Ill. Comp. Stat. 130/5(b), owners or operators of firearm ranges in existence on January 1, 1994 are not subject to any action for public or private nuisance or trespass, and no court shall enjoin the use or operation of a firearm range on the basis of noise or sound emissions resulting from the normal use of the firearm range. 740 Ill. Comp. Stat. 130/5(c) provides that owners or operators of firearm ranges placed in operation after January 1, 1994 are not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range, if the firearm range conforms to any one of the following requirements:

• All areas from which a firearm may be properly discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property;

• All areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use;

• If the firearm range is situated on land otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority;

• The firearm range is operated by a governmental entity or is licensed by the Department of Natural Resources; or

• The firearm range met the requirements of 740 Ill. Comp. Stat. 130/5(c)(1) (first bullet, above) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.

In 2004, the Illinois Supreme Court ruled against the plaintiffs in two cases against the firearms industry, City of Chicago v. Beretta Corp., 821 N.E.2d 1099 (Ill. 2004), brought by the City of Chicago and Cook County, and Young v. Bryco Arms, 821 N.E.2d 1078 (Ill. 2004), brought by private plaintiffs. In both cases the Illinois Supreme Court reversed lower court decisions and held that the plaintiffs could not pursue public nuisance claims under Illinois law.

Plaintiffs made similar allegations in both cases: plaintiffs asserted public nuisance claims against various gun manufacturers, distributors and dealers, claiming that their marketing and distribution practices intentionally and unreasonably interfered with the public's right to use Chicago's streets and other public areas without fear for their lives or the risk of injury. Plaintiffs claimed that the defendants were responsible for intentionally creating and maintaining a public nuisance—an underground market of firearms—in which defendants marketed and sold handguns made to appeal to juveniles and criminals. Further, plaintiffs claimed these manufacturers and distributors intentionally created and fostered an environment that encouraged purchasers to illegally transport handguns into Chicago and flood that market with such weapons. Chicago bans the possession and sale of handguns.

The Illinois Supreme Court rejected plaintiffs' claims in their entirety, holding that plaintiffs failed to state a claim for public nuisance against the defendants. The court concluded that the manufacturer and distributor defendants owed no duty to the City of Chicago or its residents to prevent the defendants' firearms from ending up in the hands of criminals. With respect to the dealer defendants, the court found that these defendants could not be legally responsible for the alleged nuisance which resulted from the intervening criminal acts of third parties (i.e., the shooters) over whom the defendants had no control. The court also cited "strong public policy reasons" in favor of deferring the matter of regulating the manufacture, distribution and sale of firearms to the legislature. In a strongly-worded concurrence in the Young case, five of seven justices described the plaintiffs' factual allegations as "disturbing," and urged the Illinois legislature to address the issue. The plaintiffs’ petition for rehearing in the City of Chicago v. Beretta Corp. case was denied. City of Chicago v. Beretta Corp., 2005 Ill. LEXIS 12 (Ill. Jan. 24, 2005).

To read the Supreme Court's opinion in Young v. Bryco Arms, click here. To read the opinion in City of Chicago v. Beretta Corp., click here.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Illinois prohibits any federally licensed firearms dealer, manufacturer, importer, or pawnbroker from manufacturing, selling or delivering to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other non-homogeneous metal that will melt or deform at a temperature of less than 800 degrees Fahrenheit. 720 Ill. Comp. Stat. 5/24-3(A)(h). This prohibition does not apply to private/secondary sales (i.e., transfers by non-firearms dealers). Id.

In addition to the aforementioned statute regulating junk guns, the Illinois Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. 505/1 et seq. For further details, view the report "The Illinois Attorney General's Authority to Promulgate Handgun Safety Regulations Under the Consumer Fraud and Deceptive Business Practices Act," prepared by Legal Community Against Violence and the Firearms Law Center, in collaboration with Illinois Lawyers of Legal Community Against Violence, the Chicago Lawyers' Committee for Civil Rights Under Law, Inc. and the MacArthur Justice Center in 2003.

For general information on the authority of state attorneys general to regulate firearm safety, see also "Targeting Safety" issued by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence).

No relevant statutes currently exist.

         Firearm Owner’s Identification (FOID) card

Generally, no person may acquire or possess any firearm or ammunition in Illinois without a valid Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/2(a)(1), (2). See the Illinois Background Checks section for details on the requirements for obtaining a FOID card.

         Disclosure or Use of Information

There are no specific laws relating to the disclosure or use of information collected from licensees and applicants. 

         Duration and Renewal

FOID cards are valid for a period of five years from the date of issue. 430 Ill. Comp. Stat. 65/7. Sixty days prior to the expiration of a FOID card, the Department of State Police provides written notice to the card holder of the expiration and an application for renewal. 430 Ill. Comp. Stat. 65/13.2. The holder of a FOID card is obligated to notify the Department of State Police of an address change following the issuance of the FOID card. Id.

         Fee

The license fee for a FOID card is $5.00. 430 Ill. Comp. Stat. 65/5.

         Location Limits

No person may carry or possess a firearm in any place which is licensed to sell alcoholic beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. 720 Ill. Comp. Stat. 5/24-1(a)(8). Certain firearms violations, including carrying concealed weapons, use of silencers, sawed-off shotguns, and machine guns, are subject to enhanced penalties when committed in or within 1,000 feet of a school, public housing development, public park or courthouse. 720 Ill. Comp. Stat. 5/24-1(c).

         Reciprocity

An Illinois resident with a valid FOID card who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase a long gun and ammunition for a long gun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. 430 Ill. Comp. Stat. 65/3a(a). Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non resident with a valid non resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a long gun or ammunition for a long gun in Illinois. 430 Ill. Comp. Stat. 65/3a(b).

Any resident may purchase ammunition from a person outside of Illinois, provided the purchaser provides the seller with a copy of his or her FOID card and Illinois driver's license. 430 Ill. Comp. Stat. 65/3(b-5).

Illinois prohibits firearms dealers from selling or offering for sale a handgun unless the dealer includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. 720 Ill. Comp. Stat. 5/24-9.5(a). This may include an external device that is attached to the handgun with a key or combination lock, or an integrated mechanical safety, disabling or locking device. Id. This requirement does not apply to sales by private sellers.

Illinois prohibits any person under the age of 18 from possessing a concealable firearm. 720 Ill. Comp. Stat. 5/24-3.1(a)(1). State law also prohibits any person from knowingly selling a concealable firearm to any person under the age of 18. 720 Ill. Comp. Stat. 5/24-3(A)(a). Pursuant to federal law, however, federally licensed firearms dealers are prohibited from knowingly selling a concealable firearm to anyone under the age of 21. 18 U.S.C. § 922(b)(1).

In addition, it is unlawful for a person to knowingly sell or give any firearm to anyone who does not hold a valid Firearm Owner's Identification (FOID) card. 430 Ill. Comp. Stat. 65/3(a). To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. 430 Ill. Comp. Stat. 65/4(a)(2)(i). Further, the parent or legal guardian must not be prohibited from obtaining a FOID card. Id. Persons under the age of 21 do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent. 430 Ill. Comp. Stat. 65/4(a)(2)(i).

Persons under the age of 18 may purchase or possess long guns if they have lawfully obtained a FOID card. 720 Ill. Comp. Stat. 5/24-3.1(a)(1); 430 Ill. Comp. Stat. 65/3(a), 65/4.

No relevant statutes currently exist.

No relevant statutes currently exist.

Except at gun shows (see the Illinois Gun Shows section for more information on background checks at gun shows), private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Illinois, although federal and state purchaser prohibitions still apply. See the Illinois Background Checks section.

All persons are prohibited by state law from knowingly selling firearms or ammunition to persons who are ineligible to possess a firearm or who do not hold a Firearm Owner's Identification (FOID) card. 720 Ill. Comp. Stat. 5/24-3. Similarly, no person may knowingly transfer any firearm or ammunition unless the transferee displays a valid FOID card. 430 Ill. Comp. Stat. 65/3(a). Any person who transfers a firearm also must keep records of all such transfers for a period of 10 years. 430 Ill. Comp. Stat. 65/3(b). In addition, all firearms sellers must abide by statutory waiting periods. 720 Ill. Comp. Stat. 5/24-3(A)(g).

No relevant statutes currently exist.

Illinois prohibits any person from delivering a firearm prior to the expiration of the statutory waiting periods, which are 24 hours for long guns and 72 hours for handguns. 720 Ill. Comp. Stat. 5/24-3(A)(g). The Department of State Police must approve the transfer or inform the dealer of the applicant's ineligibility within these time periods. 430 Ill. Comp. Stat. 65/3.1; 720 Ill. Comp. Stat. 5/24-3(A)(g). The waiting periods begin to run at the time an application to purchase the firearm is made. Id. "Application" is defined to mean "when a buyer and seller reach an agreement to purchase a firearm." Id. Non-residents of Illinois who purchase long guns at gun shows are not subject to these waiting periods. Id.