Gun Laws in Illinois

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
State permit required to purchase?	Yes	Yes	430 ILCS 65	FOID (Firearm Owner's Identification card) required.
Owner permit required?	Yes	Yes	430 ILCS 65	FOID required.
Firearm registration?	No	No
License required for concealed carry?	N/A	Yes	430 ILCS 66	Shall-issue with limited discretion.[66] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license.
Open carry allowed?	No	No	720 ILCS 5/24-1
Vehicle carry allowed?	No	Yes	430 ILCS 66	An Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state.
State preemption of local restrictions?	Partial	Partial	430 ILCS 66	Preemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
Assault weapon law?	Yes	Yes	Public Act 102-1116	The sale of firearms defined as assault weapons is prohibited as of January 10, 2023. Existing assault weapons are grandfathered in if registered with the state police by January 1, 2024. These restrictions are being challenged in various state and federal courts, and several state courts have issued temporary restraining orders against the law. Some local governments have banned the possession of assault weapons, prior to the preemption deadline of July 20, 2013.
Magazine capacity restriction?	Yes	Yes	Public Act 102-1116	Limit of 10 rounds for long guns and 15 rounds for handguns as of January 10, 2023. These restrictions are being challenged in various state and federal courts, and several state courts have issued temporary restraining orders against the law. Some local governments have enacted additional restrictions.
NFA weapons restricted?	Yes	Yes	720 ILCS 5/24-1 720 ILCS 5/24-2	Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Castle doctrine / stand your ground laws?	Partial	Partial	720 ILCS 5	Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.
Peaceable journey laws?	Partial	Yes	430 ILCS 66	Illinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons.
Background checks required for private sales?	Yes	Yes	430 ILCS 65	The seller must verify the buyer's FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years. Effective July 1, 2023, private sales of firearms must be done through a gun dealer with a Federal Firearms License (FFL).
Red flag law?	Yes	Yes	430 ILCS 65 430 ILCS 67	Family members, police, or state's attorneys can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person's firearms must be returned to them within one year unless the court finds grounds to renew the suspension. Law enforcement officers, school administrators, physicians, and mental health professionals can file a clear and present danger report with the Department of Human Services and Illinois State Police, which will revoke the FOID of a person who communicates a serious threat of physical violence or demonstrates threatening physical or verbal behavior. Subjects of such reports must undergo a psychological evaluation to prove they are not a danger to themselves or others if they wish to obtain a FOID or to have a revoked FOID reinstated.
Waiting period?	Yes	Yes	720 ILCS 5/24-3	After purchasing a firearm, the waiting period before the buyer can take possession is 72 hours.
"Ghost guns" banned?	Yes	Yes	720 ILCS 5/24-1	All firearms are required to have a serial number.
Minimum age to purchase or possess?	No	Yes	720 ILCS 5/24-3	Illinois prohibits any person under age 18 from possessing a handgun. (Federal law prohibits persons under 18 from purchasing long guns, and persons under 21 from purchasing handguns.)

Understanding Gun Laws in Illinois

Understanding gun laws can be complex, especially when they vary from state to state. In this article, we will delve into the specifics of Illinois gun laws, breaking down the regulations for both long guns and handguns.

Permits and Identification

In Illinois, both long guns and handguns require a state permit to purchase. This is governed by 430 ILCS 65. A Firearm Owner's Identification card (FOID) is required. This also applies to firearm ownership.

Firearm Registration and Carry Laws

Interestingly, there is no requirement for firearm registration in Illinois. However, the state does have specific regulations regarding carrying firearms. Concealed carry of handguns requires a license, as per 430 ILCS 66. This license is issued by the state police and is shall-issue with limited discretion. Open carry, however, is not allowed for either type of firearm.

Vehicle Carry and Local Restrictions

Vehicle carry is allowed for handguns but not for long guns. This is also regulated by 430 ILCS 66. It's important to note that non-residents may carry in a vehicle if they are eligible to carry in their home state. Illinois has partial state preemption of local restrictions, particularly for the regulation and transportation of handguns and handgun ammunition.

Assault Weapon Laws and Magazine Capacity Restrictions

Illinois has specific laws regarding assault weapons and magazine capacity. The sale of firearms defined as assault weapons is prohibited as of January 10, 2023, according to Public Act 102-1116. Existing assault weapons are grandfathered in if registered with the state police by January 1, 2024. The state also imposes a limit of 10 rounds for long guns and 15 rounds for handguns as of January 10, 2023.

NFA Weapons and Stand Your Ground Laws

NFA (National Firearms Act) weapons are restricted in Illinois. This includes automatic firearms, short-barreled shotguns, and suppressors. However, short-barreled rifles are allowed for Curios and Relics license holders or members of a bona fide military reenactment group. Regarding stand your ground laws, Illinois has a partial law. There is no duty to retreat, and the use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony."

Private Sales and Red Flag Law

Illinois requires background checks for private sales of both long guns and handguns. The seller must verify the buyer's FOID card with the Illinois State Police and must keep a record of the sale for at least ten years. The state also has a red flag law, which allows family members, police, or state's attorneys to petition a judge to confiscate the firearms of a person deemed an immediate and present danger to themselves or others.

Waiting Period, Ghost Guns, and Minimum Age

After purchasing a firearm in Illinois, there is a waiting period of 72 hours before the buyer can take possession. The state also bans "ghost guns" - all firearms are required to have a serial number. The minimum age to purchase or possess a handgun is 18, but there is no state age restriction for long guns.

In conclusion, Illinois has a comprehensive set of gun laws that regulate the purchase, possession, and use of firearms in the state. It's crucial for residents and visitors alike to understand these laws to ensure they are in compliance and can exercise their rights responsibly.