Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|ILLINOIS GUN LAWS - OVERVIEW|
720 ILCS 5/24-1, 5/24-3, 5/24-3.1
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
Illinois prohibits several different categories of individuals from owning or possessing pistols:
Laws Prohibiting Firearms On or Near School Grounds
A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm. The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police. The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.
Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.
430 ILCS 65/2
|REQUIREMENTS FOR FOID|
Application for a Firearm Owners Identification (FOID) is made to the:
Illinois State Police, FOID
Application forms can be obtained online at https://www.ispfsb.com/public/FOID.aspx or by calling the Firearm Owners Identification Program at (217) 782-7980.
An applicant is entitled to a FOID if he/she:
(i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
(ii) He or she has not been convicted of a felony under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental health facility within the past 5 years or, if he or she has been a patient in a mental health facility more than 5 years ago submit the certification required under subsection (u) of Section 8 of this Act;
(v) He or she is not intellectually disabled;
(vi) He or she is not an alien who is unlawfully present in the United States under the laws of the United States;
(vii) He or she is not subject to an existing order of protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been 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;
(ix) He or she has not been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant knowingly and intelligently waives the right to have an offense described in this clause (ix) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying the issuance of a Firearm Owner's Identification Card under this Section;
(xi) He or she is not an alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a) (26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or sporting purposes;
(2) an official representative of a foreign government who is:
(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or
(B) en route to or from another country to which that alien is accredited;
(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or
(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of Illinois;
(xv) He or she has not been adjudicated as a mentally disabled person;
(xvi) He or she has not been involuntarily admitted into a mental health facility; and
(xvii) He or she is not developmentally disabled; and
(3) Upon request by the Department of State Police, sign a release on a form prescribed by the Department of State Police waiving any right to confidentiality and requesting the disclosure to the Department of State Police of limited mental health institution admission information from another state, the District of Columbia, any other territory of the United States, or a foreign nation concerning the applicant for the sole purpose of determining whether the applicant is or was a patient in a mental health institution and disqualified because of that status from receiving a Firearm Owner's Identification Card. No mental health care or treatment records may be requested. The information received shall be destroyed within one year of receipt.
An applicant for a FOID must consent to the Department using the applicant’s digital driver’s license or Illinois ID card photograph, if available, and signature on the FOID, and must furnish the Department with his driver’s license or Illinois ID card number. The Department must approve or deny the FOID within 30 days, and is authorized to deny the FOID only if the applicant does not meet the listed qualifications. The FOID fee is $10 and it is valid for five years from the date of issuance. The Department shall forward to each FOID holder, a notice of expiration and a renewal notice application, 60 days prior to expiration.
A FOID may be revoked and seized if the holder made a false statement on the application, is no longer eligible, or whose mental condition poses a clear and present danger to self, others, or community. A written notice must be given with the grounds for denial or revocation and seizure.
A person whose FOID has been revoked or seized or whose FOID application was denied or not acted upon within 30 days may appeal the decision to the Director of the Department of State Police, unless it was based upon certain violent, drug, or weapons offenses. In that case, the aggrieved person may petition the circuit court in the county of his residence. If the Director upholds the Department’s decision, the applicant may appeal to the courts. Any judicial review generally will be limited to the question of whether the Department’s decision was “arbitrary and capricious.”
430 ILCS 65/4
|Illinois State Restrictions|
|City of Chicago Restrictions|
|Cook County Restrictions (excluding Chicago with its preemptive restrictions)|
|City of Aurora Restrictions|
|City of Highland Park State Restrictions|
|Stun Guns/Tasers Restrictions|
State Statute or Definition: (720 ILCS 5/24-1 Stun gun or Taser definition: Any device powered by electrical charging units which fires barbs and upon hitting a human sends out a current disrupting normal functioning.)
It is unlawful to possess any firearm or ammunition without a valid Firearm Owner's ID (FOID).
It is unlawful to possess any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, if such weapon as modified has an overall length of less than 26 inches.
It is unlawful for any person under the age of 18 to possess a handgun, or concealable firearm.
It is unlawful for the following persons to possess a firearm or ammunition:
It is unlawful for any person to possess any firearm with intent to use it unlawfully against another. It is unlawful to possess any firearm in any place licensed to sell intoxicating beverages, or “at any public gathering held pursuant to a license issued by any governmental body,” or at any public gathering (except a gun show) at which an admission is charged. An exception is provided for the owner, manager or an authorized employee of the specified establishments.
An unemancipated minor is not required to have a FOID in order to possess a firearm or ammunition while under the immediate control of a parent, guardian or other person in loco parentis who has a valid FOID. A person with a FOID card can loan a gun to a non-FOID card owner as long as the gun was used at a range and under the supervision of the owner.
It is unlawful to possess firearms or ammunition on the grounds or building of a school. Exempt are students in firearm training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded and enclosed in a suitable case, box, or transportation package.
720 ILCS 5/24-1
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*:
To qualify for a license to conceal carry, an Illinois resident must:
An applicant will be disqualified if:
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:
*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.
It is unlawful to sell, manufacture, purchase, possess or carry any weapon from which more than one shot may be discharged by a single function of the trigger, including the frame or receiver of any such weapon.
It is unlawful to sell, manufacture, purchase, possess or carry any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled.
There is an exception to the above prohibition, providing for the manufacture, transportation, and sale of machine guns to law enforcement and military personnel for official purposes, provided such weapons are “broken down in a non-functioning state or not immediately accessible.”
This prohibition does not apply to persons licensed to manufacture machine guns or ammunition under federal law and who are actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are in the lawful scope of such business, such as the manufacture, transportation or testing of such weapons or ammunition.
|ANTIQUES, CURIOSITIES AND REPLICAS (C&R)|
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.
430 ILCS 65/1.1
A non-resident is permitted to possess a firearm without a FOID if it is unloaded and enclosed in a case, or if the nonresident is:
430 ILCS 65/2
430 Ill. Comp. Stat. § 65/1.1 et seq., 520 Ill. Comp. Stat. § 5/2.33(n); 720 Ill. Comp. Stat. § 5/24-1 et seq., and 720 Ill. Comp. Stat. § 5/21-6.
|Last edited: 6/8/2016|