The State Constitutional Provision that serves as the basis of Illinois Gun Laws states, “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”
Validity of Illinois Gun Permits in Other States
So far, Illinois Gun Laws do not recognize permits issued in other states. On the other hand, the permits issued by this state are also not recognized by other jurisdictions in the US. However, Illinois does allow non-residents to carry firearms as long as they acquire Illinois Concealed Carry Licenses and the gun laws in their states have substantial similarities to Illinois Gun Laws.
Rules Under Illinois Gun Laws
Here are the requirements and restrictions provided by Illinois Gun Laws:
1. Only persons who possess Firearm Owners Identification Card or FOID are eligible to purchase or possess firearms and ammunitions.
2. FOID is only allowed for applicants 21 years old or above. If the person is under 21, a written consent from a parent or guardian is required. It should be noted that the parent or guardian should not be ineligible to apply for a FOID too.
3. Those that have been found guilty of felony, narcotics addict, mentally retarded, illegal alien in the US and those who have falsified information in the application for permit are automatically disqualified to acquire FOID. Other restrictions that have been amended can be found on the next section of this article.
4. A person cannot sell a gun unless he has a license to do so. He must also pass the background check conducted by the Department of State Police. Selling or transferring a handgun to a person under 18 years of age or someone ineligible to obtain a FOID card is illegal.
5. Automatic firearms, short-barreled shotguns or guns muffled with silencers are not allowed. In addition, rifles must have a barrel length of at least 16 inches and shotguns must have a barrel of 18 inches or more. Then, guns modified from rifle and shotgun components must have at least 26 inches in total length.
6. The sale and ownership of machine guns or weapons that can be converted into such is illegal. However, official manufacturers or suppliers of machine guns to authorized government agencies or military personnel are exempted from this rule as long as the machine gun has been broken down to a non-functioning state or not immediately accessible. This prohibition does not extend also to people authorized by the federal government to carry out testing of such guns.
7. Transport of guns by non-residents of the state is allowed as long as he complies with the California Gun Laws in the storage and concealment of the weapon, not against the law of his state and the law of his destination, or not prevented by the court from doing so. But residents without FOID are not allowed to transport a handgun.
8. Possessing a firearm while hooded or the face is concealed by a mask is illegal.
9. Ammunitions that have enhanced piercing capabilities and exploding shells are not allowed.
10. Residents of neighboring states namely Iowa, Kentucky, Missouri, Indiana and Wisconsin are allowed to buy guns from Illinois provided that they are at least 18 years of age and subject to Illinois Gun Laws, the law of their place of origin and US laws.
Updates in Illinois Gun Laws
New amendments in the Illinois Gun Laws provided by HB 183 added the following:
1. Concealed Carry permits will only be given to residents who are at least 21 years old with FOID cards not expiring 90 days after their application. Then, the applicant must pass a 16-hour training in handling a gun. However, applicants who have undergone at least 8 hours of similar training which have been approved by the State Police and laws of other states will have 8 hours credited in their favor. The same applied to active, retired or honorably discharged members of the Armed Forces.
2. There is now a more extensive list of places where guns are not allowed.
3. The new law now includes disqualification for:
- Those found guilty of DUI for two or more times for the past five years.
- Individuals guilty of misdemeanor involving threats, physical force or violence within five years.
- Applicants who underwent rehabilitation for drug or alcohol issues for the past five years.
- People who have pending prosecution, arrest warrant or proceeding for an offense.
- Persons who pose danger to self or others.
- Applicants deemed threat to public safety by law enforcement agencies.