Illinois Gun Control Laws

By John Mascolo, Esq. | Legally reviewed by Lisa M. Schaffer, Esq. | Last reviewed December 19, 2024

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Safety should always come first for both gun owners and the general public. Yet, balancing public safety concerns and gun rights can be a challenging task.

Illinois gun control laws are more restrictive than laws found in many other states. In 2023, the state of Illinois enacted an assault weapons ban that has withstood legal challenges in court (so far). The impetus for the new law included the 2022 mass shooting at the Highland Park Fourth of July Parade in Lake County, north of Chicago. In that tragic incident, a 21-year-old gunman took the lives of 7 people, injuring 48 others.

Federal Firearms Law

Both federal and state gun laws apply in Illinois. Federal laws include regulations from the Brady Handgun Violence Prevention Act which amended the Gun Control Act of 1968. This established the instant criminal background check system and added prohibitions on who can possess firearms. In the 1930s, Congress passed the National Firearms Act to control the dissemination of machine guns, silencers, and other dangerous firearms.

State gun laws, on the other hand, tend to regulate:

  • Who can purchase or possess firearms
  • where you can possess them
  • how and when you can use them.

Given variations in American politics, state gun laws differ from state to state. For example, many conservative states have adopted "permitless carry" laws, no longer requiring individuals to first apply for and receive a concealed carry permit before carrying a handgun in public. More liberal states have passed more restrictive gun bans in an effort to remove certain weapons from the community.

Both state and federal gun laws and regulations may face scrutiny under the Second Amendment to the U.S. Constitution, which protects the right of individuals to bear arms.

Illinois Gun Control Laws

Illinois law provides a comprehensive regulatory framework to promote gun safety and minimize gun violence. They include laws that:

  • Prohibit the sale, use, or possession of certain weapons outright, including fully automatic machine guns, armor-piercing bullets, silencers, and assault weapons
  • Impose a three-day (72-hour) waiting period for prospective gun buyers
  • Provide for universal background checks before gun purchases
  • Require those seeking to buy firearms or ammunition to get a valid Firearm Owner's Identification card (FOID card)
  • Require that those seeking to carry a concealed firearm meet eligibility criteria and obtain a Concealed Carry License (CCL)
  • Create an Office of Firearm Violence Prevention to conduct research, award grants, and pursue a comprehensive plan to prevent gun violence statewide
  • Add strict penalties for illegally possessing guns when under a firearm prohibition or when at specific sensitive locations.

The Illinois State Police (ISP) is the primary state law enforcement agency involved with administering and enforcing the state's firearm laws. They oversee the state licensing programs for both the FOID card and the CCL permit. The State Police Office of Firearms Safety also oversees programs related to the issuance of firearms restraining orders (FRO) and other gun safety measures.

Purchasing a Firearm in Illinois

In Illinois, people under 18 cannot possess a handgun, and those under 21 who have been convicted of a misdemeanor (other than a traffic offense) cannot possess firearms.

Illinois residents who seek to buy a gun or ammunition must first obtain a FOID card through the ISP. As part of the application process, the ISP will run a criminal background check to verify that the person is eligible. Certain convictions and other conditions will disqualify you from firearm possession. Once you receive the FOID card, it will be effective for 10 years as long as you remain compliant with the law.

State law mandates that the ISP monitor state and federal databases regularly. If it finds good cause to revoke a cardholder's eligibility status, it will do so.

Eligibility is limited to those 21 or over. But, a parent or guardian who is otherwise able to hold a FOID card can submit an affidavit of consent that will qualify an underage person. There are further exceptions to the FOID card requirement for:

  • Law enforcement officers
  • Members of the military
  • Persons with valid CCL permits
  • Certain others

Any firearm purchase, whether it occurs before a licensed firearms dealer or a private seller, must include a criminal background check through the ISP. In the case of the dealer, the buyer presents their FOID card and the dealer contacts the ISP to verify that the card remains valid. In the case of a private sale, before transfer of the firearm, the seller contacts a dealer with the purchaser's FOID card number to begin the verification process. They cannot transfer the weapon until the ISP confirms the validity of the FOID.

Sellers follow a similar process of verification for sales occurring at gun shows.

State law also provides for a 72-hour waiting period before the delivery of the firearm after the application to purchase. A licensed firearms dealer who sells handguns must also ensure the handgun has an integrated locking device or provide an external gun lock to the purchaser.

The Protect Illinois Communities Act

In January 2023, Governor JB Pritzker signed the Protect Illinois Communities Act (PICA). The law regulates the possession and ownership of assault weapons and other dangerous devices. Residents who owned assault weapons before the law took effect in 2023 had until January 1, 2024 to submit an endorsement affidavit to the ISP to legally keep their weapons.

Under PICA, the state has banned the sale of several assault weapons used in mass shootings in America. This includes .50 caliber rifles along with AK-47, AR-10, and AR-15 rifles. The law also bans attachments (including switches) that can make a rifle or pistol operate as an assault weapon and high-capacity magazines.

The increasing use of gun switches to cause pistols to operate like automatic weapons has drawn the attention of law enforcement and state lawmakers in particular. The ISP maintains a FAQ section on its website and an identification guide to assist law enforcement and others.

Illinois Gun Control Laws at a Glance

Any overview of a state's gun laws will, by necessity, be limited. In the table below, you will find a summary of the main provisions of Illinois gun control laws.

Relevant Illinois Gun Control Laws

Illinois Compiled Statutes (ILCS)

Chapter 430 - Public Safety - Firearm Owner's ID Card Act

Chapter 430 - Public Safety - Firearm Concealed Carry Act Chapter 430 - Public Safety - Firearms Restraining Order Act Chapter 720 - Criminal Offenses

Illegal Arms

The following firearms are illegal to possess:

  • Machine gun (including frame, receiver, or parts to covert a firearm into a machine gun)
  • Rifle with a barrel less than 16 inches
  • Shotgun with a barrel less than 18 inches
  • Any weapon made from rifle or shotgun and as modified has an overall length less than 26 inches
  • Assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge (possession became illegal on 1/1/24 unless legally owned before the law's effective date and registered with the ISP by 10/1/23 and owners comply with laws on usage)
  • Large capacity magazines (unless legally owned before 4/10/23 and owners comply with laws on usage)
  • Devices that increase the rate of fire of a standard semiautomatic firearm
  • Defaced firearms (where ID marks like serial numbers are removed)
  • Ghost guns (unserialized firearms; unserialized, unfinished frames and receivers)
  • Stun gun or taser
  • Explosive or metal-piercing bullet
  • Set spring gun
  • Silencer

Waiting Period

You must wait 72 hours between firearm purchase and delivery or possession.

Who May Not Own

 In Illinois, both state and federal law make it unlawful for persons in certain categories to possess firearms, including:
  • Anyone under 18 years of age when the weapon is a concealable handgun
  • Convicted felons and minors adjudicated for a delinquent offense that would be a felony
  • Those addicted to drugs
  • Those without a FOID Card
  • Patients in a mental hospital within the past 5 years
  • Those with an intellectual disability
  • Prisoners
  • Anyone under a qualified protection order
  • Those convicted of misdemeanor domestic violence
  • Illegal aliens and those who have renounced their U.S. citizenship
  • Fugitives from justice
  • Those discharged from the U.S. Armed Forces under dishonorable conditions

License Required?
  • Residents: The state issues you a license, called a Firearm Owners Identification (FOID) card, which also serves as your permit to purchase a gun.
  • Non-Residents: You do not need a FOID card, but you must be able to legally possess firearms in your home state under laws that are at least as stringent as those in Illinois.

Concealed Carry License Required?

Illinois residents must obtain a Concealed Carry License (CCL) to carry a concealed firearm in the state except on their own property, fixed place of business, or on private property where the owner consents. There are exceptions for groups like law enforcement and members of the military.

Nonresidents may transport a firearm in a vehicle in Illinois under certain conditions without obtaining an Illinois CCL.

Open Carried Allowed?
  • Open carry of firearms is not permitted in Illinois under most circumstances.
  • If you have a Concealed Carry License, you may carry a firearm that is partially in public view.

Eligibility for a Concealed Carry License

Illinois residents seeking a CCL must meet these eligibility requirements:

  • Be 21 years of age or older
  • Have a valid FOID card
  • Not be prohibited by state or federal law from having a firearm
  • Have not been convicted or found guilty of a misdemeanor involving the threat or use of violence in the past 5 years
  • Have not been convicted or found guilty of 2 or more offenses of intoxicated driving in the past 5 years
  • Not be subject to any pending warrants that would lead to suspension of their FOID
  • Not have been in a residential or court-ordered alcohol or drug treatment within the past 5 years
  • Complete mandated firearm training

Nonresidents seeking a nonresident CCL may apply to the ISP if their home state has laws substantially similar to Illinois's. They may present a driver's license or other ID in lieu of an Illinois FOID card. Other than residency, they must meet all the requirements for the FOID card and the CCL.

Machine Gun Laws

Illegal to possess under state law.

Penalties for Illegal Firearm Possession

Penalties for violation of gun control laws vary based on the specific offense. Here are some examples:

  • Knowingly entering false information on an application for a FOID Card, providing a false answer or false evidence is a Class 2 felony, punishable by 3 to 7 years in prison; a fine of up to $25,000; or both.
  • Possessing a firearm without a valid FOID card due to revocation, cancellation (when no longer eligible) or ineligibility is a Class 3 felony, punishable by 2-5 years in prison; a fine of up to $25,000; or both.
  • Unlawful possession of a machine gun is a Class 2 felony, punishable by 3-7 years in prison; a fine of up to $25,000; or both. If the weapon is in the passenger compartment of a vehicle or on the person and is loaded, the offense can become a Class X felony, punishable by up to 50 years in prison.
  • Unlawful carrying of a concealed weapon in a vehicle without a valid CCL and unlawful possession of an assault weapon are both Class A misdemeanors, punishable by up to 364 days in jail; a fine of up to $2500; or both.
  • Unlawful possession of a firearm by a convicted felon is a Class 3 felony, punishable by 2 to 10 years in prison; a fine of up to $25,000; or both. On a subsequent conviction, the offense becomes a Class 2 felony, punishable by 3 to 14 years in prison; a fine of up to $25,000; or both.

Penalties for Illegal Possession On or Near School Grounds
  • It is illegal to possess a firearm on or near the campus of a public or private elementary or secondary school, community college, college, or university.
  • Penalties vary depending on the type of weapon and whether the weapon is in a vehicle or displayed. Generally, they can rise to a Class 3 felony, punishable by 2-5 years in prison; a fine of up to $25,000; or both or to a Class 2 felony, punishable by 3-7 years in prison; a fine of up to $25,000; or both.

Red Flag Law?

 Yes. Illinois law provides that family members and law enforcement can file in court for a firearm restraining order to seize or prohibit the possession of firearms by a person found to be a threat to self or others.

Universal Background Checks?

 Yes. Illinois requires that all gun purchases and transfers occur with the involvement of a licensed gun dealer that will cooperate with the ISP to run a criminal background check on the purchaser.

Stand Your Ground Law?

 No. Although Illinois does not have a Stand Your Ground law, the law does not require a duty to retreat when faced with an imminent assault. State law provides that in self-defense, a person can use force intended or likely to cause death or great bodily harm only if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to self or others or the commission of a forcible felony.

Disclaimer: State laws are subject to change through the passage of new legislation, rulings in the higher courts (including the federal courts), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

State Gun Laws After the Supreme Court's Bruen Decision

In 2022, the U.S. Supreme Court struck down a New York concealed carry law in New York State Rifle & Pistol Association v. Bruen. The Court found that the regulatory scheme left too much discretion in the hands of officials who could deny licenses to otherwise law-abiding citizens. It announced a new historical test for judicial review of gun laws.

As a result, gun rights advocates have filed legal challenges against several state and federal gun laws, claiming their restrictions find no basis in U.S. law at the time the Second Amendment was adopted.

In 2024, the Court reviewed the federal statute that prohibits the possession of firearms by those with active domestic violence protection orders. In U.S. v. Rahimi, Zackey Rahimi, a person convicted under the law, claimed that the Court should overturn his conviction based on Bruen. The Court declined to do so. By a vote of 8-1, the Court upheld the law and Rahimi's conviction.

It concluded that when a restraining order against an abuser "contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may - consistent with the Second Amendment - be banned from possessing firearms while that order is in effect."

Related Resources for Illinois Gun Control Laws

More Questions About Illinois Gun Laws? Talk to an Attorney

Gun control laws can be complicated, both at the federal and state levels. To stay current on the gun control laws in Illinois and to help defend yourself if you're facing criminal charges, you should speak with an experienced criminal defense attorney specializing in gun laws.

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