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illinois state laws





#Illinois state laws

Permits Illinois Does Not Recognize

Laws on Purchase, Possession and Carrying of Firearms

An antique firearm which “the Department of State Police finds by reason of the date of manufacture, value, design, and other characteristics is primarily a collectors item and is not likely to be used as a weapon” is exempt from the above regulations on purchase.

Carrying

It is unlawful to carry or possess any firearm in any vehicle or concealed on or about the person, except on one’s land or in one’s abode or fixed place of business, without a license.

Exceptions are persons using their firearms on established target ranges; licensed hunters, trappers, or fishermen while engaged in their licensed activity; transportation of firearms that are broken down in a non-functioning state or are not immediately accessible (e.g. in the trunk of a car); and transportation, carrying, or possession of a firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid FOID. Under the Wildlife Code, it is unlawful to have or carry any firearm in or on any vehicle or conveyance unless unloaded and enclosed in a case.

Concealed Carry License*:

    Five-year concealed carry permits will be issued to Illinois residents at least 21 years of age with a valid FOID card 90 days after a qualified application is submitted.  Illinois will not recognize carry licenses or permits from other states at this time; however, non-resident Illinois Concealed Carry Licenses will be available with an increased fee of $300 if the interested applicant’s state’s concealed carry license laws are “substantially similar” to Illinois’.  Illinois State Police must first establish which elements of other state’s permits meet the “substantially similar” requirement.

To qualify for a license to conceal carry, an Illinois resident must:

    Pay a $150 fee; Be subjected to fingerprinting for an additional fee in order to avoid delayed processing of one’s application; Undergo 16 hours of training (which includes a “live fire” component).  Eight hours of prior training may be credited   if it is “approved by the Department [of State Police] and recognized under the laws of another state or if the applicant is an active, retired, or honorably discharged member of the Armed Forces.” A list of approved instructors is available on the Illinois State Police website: www.isp.state.il.us/firearms/ccw/ A list of approved curricula by the Ilinois State Police: www.isp.state.il.us/firearms/ccw/CCWApprovedCurriculum.pdf

An applicant will be disqualified if:

    Convicted or found guilty in Illinois or any other state of:
      2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the last 5 years. A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years.
    Applicant is the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification. Applicant has been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 years. Any law enforcement agency may object to the issuance of a license to an otherwise qualified applicant on the basis of reasonable suspicion that the applicant presents a danger to self or others or is a threat to public safety.    Such an objection sends the application for review by the Concealed Carry Licensing Board, which consists of a total of 7 judicial, law enforcement, and mental health professionals appointed by the Governor.  The Board generally will issue a decision in 30 days as to whether it has determined, by a preponderance of the evidence, if the applicant is eligible or ineligible for a license.  

Preemption:

    Illinois has comprehensive preemption of handgun and handgun ammunition-related local ordinances for anyone with a valid FOID card, and preemption of “assault weapon” bans enacted after July 19th.  Regulation of laws relating to the concealed carrying of handguns is now reserved to the state. Please check with your local jurisdiction for any other prohibitions or regulations on firearms that were in place prior to July 19th that may affect you.
    Illinois law now contains increased protection for those who are traveling with firearms, since the preemption of local firearms ordinances applies to all individuals with a valid FOID card who are transporting firearms in compliance with all state regulations. A personal vehicle is also a safe haven for transport of firearms by non-Illinois residents not otherwise prohibited from possession.

Storage:

    In addition to the safe harbor found in one's vehicle, licensees who wish to store their firearm in the trunk of their vehicle while visiting an otherwise prohibited location may exit their vehicle while in the parking lot in possession of the firearm for the purposes of storing it in the trunk. They may also store the firearm in the passenger compartment of their vehicle in some sort of container as long as either the vehicle or container is locked and the firearm remains out of plain view.

Prohibited Places:

Under the new law there is an extensive list of places where carrying firearms is prohibited, even with a concealed handgun license.  Three or more violations will result in a permanent revocation of license. The list of prohibited places includes, but is not limited to:

    Schools and child care facilities Colleges and Universities Courthouses Libraries Government buildings Public playgrounds Public parks (trails excluded) Bars (and any restaurant deriving more than half of its profits from alcohol) Public transportation Permitted public gatherings, such as festivals or parades Museums Stadiums Zoos

*Serious concerns remain about the implementation, cost and issuance of concealed carry licenses in Illinois.  NRA-ILA will continue to update you on developments related to concealed carry in Illinois and fight to ensure that licenses are issued in a timely manner to those law-abiding Illinoisans interested in their inherent right to self-defense.



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