Gun law in Illinois

[DrediKnight]

I might be relocating and am wondering if there is a calguns type site for IL. I need to know what is allowed (Hicaps, AR's, AK's, OAL issues, bullet buttons, saiga-12 w/o BB etc). Thanks!

[MP301]

NO! Those evil things must be left with me!

[GoodEyeSniper]

Get out of cali only to go ti Illinois??

sheesh, tough stuff

[DrediKnight]

Nobody has any real info on this?

[Casual Observer]

Step 1: Get your Firearms Owner’s Identification Card (FOID) card. It is illegal to possess any firearms OR ammunition without a valid FOID.

Go to the Illinois State Police Website to apply for your FOID.

Also, I'm sure you know, there is no such thing as a CCW in Illinois. Unless you're a LEO, you're SOL.

[DrediKnight]

Thanks that's good info (eventhough those are some crappy laws) and it somehow led me to the NRAila gun law site which had more info for ever state http://www.nraila.org/GunLaws/. Looks like IL is a no NFA state

[ilbob]

I might be relocating and am wondering if there is a calguns type site for IL. I need to know what is allowed (Hicaps, AR's, AK's, OAL issues, bullet buttons, saiga-12 w/o BB etc). Thanks!

I live in Illinois

There really is no such site for Illinois.

Illinoiscarry.com is pretty good, but sometimes the statements about the legal situation are not entirely correct.

Illinois requires residents to get a firearm owner's ID card to legally possess firearms or ammunition. Its $10 for 10 years and is shall issue. The form is on Illinois State Police web site. You cannot apply for one until you get your IL driver's license, so when you get here go down and get your DL pronto then send in for your FOID. These days it is usually taking 3-4 weeks for a new card, less for a renewal. In the past it has taken as long as 3 months to get them, especially when the hunters realize they need a FOID card to hunt and its expired and hunting season is upon them. BTW, I am told that the ISP routinely reject FOID card applications that are printed from the web site unless the form is printed 2 sided.

Statewide there are no bans on much of anything firearms wise. No AWB, no 50 cal ban, no ban on magazines based on capacity, no roster of acceptable guns. Some minor bans on oddball ammo like flechette rounds. No registration. 72 hour wait on handgun 24 hours on long guns. No NFA stuff allowed. No CC. Mail order ammo is specifically allowed by state law.

However, the state does not preempt firearms regulation so any home rule unit (many cities and counties are home rule units) can make up just about any law they want to, and a few have them on firearms. Most of the more onerous ones are in Chicago and Cook County where Chicago is located along with King Daley and his crime family. Chicago and Cook County both ban "assault weapons". Chicago's ban is more extensive than the Cook County ban and includes such things as some pump shotguns. Chicago also effectively bans all handgun ownership.

If you think some of your laws are silly think of this. It can be a felony to just handle a firearm at a friends home, even unloaded. HB182 is sitting on the governor's desk to correct that particular abomination. But in a very technical sense of the law, the way the felony UUW law is written, it is a felony to have a loaded pea shooter outside your own home. Yes, if you have a straw in your mouth and a pea (or a spitball) that is a felony.

I wrote a post once on AR15 where I tried to summerize the state laws on firearms that applied to non-residents, but it is pretty good at sumemrizing things for residents as well. Keep in mind IANAL.

1. UUW (unlawful use of weapons). Found in 720 ILCS 5. Generally prohibits the carrying of firearms with some exceptions.

Here are some of the exceptions:

(i) are broken down in a non‑functioning state; or
(ii) are not immediately accessible; or
(iii) 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 Firearm Owner's Identification Card;

The unloaded and encased thing (iii) is often cited, but it only applies to people who have FOID cards. Non-residents are not generally eligible for FOID cards, so that does not apply to you. You would need to comply with (i) or (ii) to not be violating the UUW act.

2. FOID card act. Found in 430 ILCS 65.

Generally requires a person to have a FOID card to possess a firearm or firearms ammunition.

430 ILCS 65/2) (from Ch. 38, par. 83‑2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a)
(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.

There are some useful exceptions to this act for non-residents who are not eligible for a FOID card including this exception.

(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:

(9) Nonresidents whose firearms are unloaded and enclosed in a case;

So as a non-resident, as long as it is unloaded and encased, you are OK under the FOID card act.

3. There is also the wildlife code to consider. 520 ILCS 5.

It defines just what a gun case is for the purposes of the wildlife code.

(520 ILCS 5/1.2b‑1) (from Ch. 61, par. 1.2b‑1)
Sec. 1.2b‑1. Case. Case means a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the gun or bow and arrow device exposed.
(Source: P.A. 84‑150.)

Now to the gotcha in the wildlife code.

(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(n) It is unlawful for any person, except persons who possess a permit to hunt from a vehicle as provided in this Section and persons otherwise permitted by law, to have or carry any gun in or on any vehicle, conveyance or aircraft, unless such gun is unloaded and enclosed in a case, except that at field trials authorized by Section 2.34 of this Act, unloaded guns or guns loaded with blank cartridges only, may be carried on horseback while not contained in a case, or to have or carry any bow or arrow device in or on any vehicle unless such bow or arrow device is unstrung or enclosed in a case, or otherwise made inoperable.

If it is in a vehicle it has to be unloaded and in a case, and the case is as defined by the wildlife act is more restrict than what the UUW act says.

One might argue that the "persons otherwise permitted by law" would be covered by the exceptions in the UUW act, but my understanding is the courts have ruled otherwise.

4. Just so you have something else to worry about, in general, you cannot bring your firearm to any publicly supported facility. Even if you comply with all the other acts.

(720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)
Sec. 21‑6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
(b) The chief security officer must grant any reasonable request for permission under paragraph (a).
(Source: P.A. 89‑685, eff. 6‑1‑97.)

So to summarize, you have to abide by all the laws, not just the UUW act that is the one most often cited.

Unloaded, encased, and not immediately accessible if you are not a resident.

In reading some of the other posts, I see there is some misconception that the wildlife code only applies while hunting, That is just not so, nor is it some kind of administrative rule as someone else seemed to be implying. The Illinois administrative code is separate from the compiled statutes (ILCS). Its also online if you want to look for it. Google is the easiest way to find it.

Furthermore, conservation police officers are full sworn LEOs and have the same jurisdiction as, for instance, an ISP trooper. LEOs, including local LEOs, can bust you for anything that is in the ILCS.

One thing I left out. Illinois has home rule which allows a home rule unit to do just about anything they want. Some have banned handguns. There is an incomplete and outdated list at the ISP web site of localities that have their own ordinances on guns. I warn you it is incomplete and outdated.

[smle-man]

My condolences; I moved from Chicagoland to the L.A. area 21 years ago. I wouldn't go back for twice the money I'm making now. Contact the IL rifle and pistol association for additional information on firearms rules and regs.

[Turbinator]

Bob, nice reply with good information. Thanks for sharing this.

Turby