General Categories > Carry Issues

Illinois Gun Laws

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Dtrain323i:
Ok, based on omaharj's thread, it seems that some folks are wondering about how to deal with travelling through Illinois if you have a gun. Seeing as lived in Illinois for most of my life before moving here, I'd try to clear up some confusion and give some advice on how to stay compliant with Illinois State Law. I'll also try to clarify the state laws in terms of statutes and whatnot.

DISCLAIMER: I am not a lawyer and none of the below should be construed as legal advice. Any public rebroadcast of these images without the express written consent of the NFL is prohibited. Some assembly required.

First the two big acronyms:

UUW= Unlawful Use of Weapon. This is Illinois' catch-all firearm offense. The text of the law is as follow:


--- Quote --- (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

    Sec. 24-1. Unlawful Use of Weapons.

    (a) A person commits the offense of unlawful use of weapons when he knowingly:

        (1) Sells, manufactures, purchases, possesses or

    carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

        (2) Carries or possesses with intent to use the same

    unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

        (3) Carries on or about his person or in any vehicle,

    a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

        (4) Carries or possesses in any vehicle or concealed

    on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

            (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; or

        (5) Sets a spring gun; or

        (6) Possesses any device or attachment of any kind

    designed, used or intended for use in silencing the report of any firearm; or

        (7) Sells, manufactures, purchases, possesses or

    carries:

            (i) a machine gun, which shall be defined for the

        purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries 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 if such parts are in the possession or under the control of a person;

            (ii) 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, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

            (iii) any bomb, bomb-shell, grenade, bottle or

        other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

        (8) Carries or possesses any firearm, stun gun or

    taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

        This subsection (a)(8) does not apply to any auction

    or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

        (9) Carries or possesses in a vehicle or on or about

    his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

        (10) Carries or possesses on or about his person,

    upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

            (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.

        A "stun gun or taser", as used in this paragraph (a)

    means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

        (11) Sells, manufactures or purchases any explosive

    bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

        (12) (Blank); or

        (13) Carries or possesses on or about his or her

    person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.

    (b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.

    (c) Violations in specific places.

        (1) A person who violates subsection 24-1(a)(6) or

    24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

        (1.5) A person who violates subsection 24-1(a)(4),

    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.

        (2) A person who violates subsection 24-1(a)(1),

    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

        (3) Paragraphs (1), (1.5), and (2) of this subsection

    (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

        (4) For the purposes of this subsection (c), "school"

    means any public or private elementary or secondary school, community college, college, or university.

        (5) For the purposes of this subsection (c),

     "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.

    (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

    (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
--- End quote ---

Quite plainly, it encompasses a lot. But basically it says "if you carry a gun or knife outside of your home, land, or place of business, you're committing a felony". There are other laws that define what kind of knives are illegal. (I think it's basically any fixed blade or folding knife with a blade longer than 3 inches but I don't know for sure).

That is the just the state statute. Any municipality with home rule can also enact their own restrictions. For example, Cook County has an assault weapons ban. However, neighboring Will and Dupage counties do not.

The best way to transport your firearm is unloaded and encased in the trunk of your car.
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Next term you'll see a lot in regard to Illinois is the FOID card.

FOID= Firearm Owners ID card

I won't post the text of the law here but the FOID is basically a card you must possess as an Illinois resident if you want to buy or possess a gun. It costs $10 and is good for 5 years.

Here's a picture of my old FOID



If you are not an Illinois resident, the FOID law does not apply to you. You can't even GET a FOID if you aren't a resident.

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All NFA items are illegal in Illinois. That means no SBRs, SBSs, MGs, Suppressors, or AOWs are allowed. There's a rumor that shotgun based AOWs (ie the Serbu Shorty) are legal because of how the law is worded but I don't know how true that is.

Assault Weapons Bans: It depends on where you are. As I said above, Home Rule municipalities can enact their own restrictions. For most of the state, Assault Weapons are fine. However, Cook County (which is basically the City of Chicago and the immediate surrounding area) and the City of Aurora are the two main examples of areas that ban Assault Weapons. The gun shop from where I bought my first gun sat in Naperville, less than a block away from the Aurora city limits.

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Visiting the City of Chicago:

This doesn't have much to do with gun laws per se. Just a couple tips from a local if you find yourself in Chicago either on vacation or on business.

Chicago on the whole is a fairly safe town but it does have it's bad areas. As long as you stay north of Comiskey Park, and east of Western Ave, you're pretty much fine. I've walked through downtown on countless occasions at night and the most trouble I've had is some goofy but harmless homeless dude. But as always, keep your eyes peeled.

That's pretty much the important parts of the law. In light of Heller and McDonald, there are legal challenges being mounted to various areas of Illinois' laws, especially the AWB.

If anybody has any questions, feel free to either post here or send me a PM.

bullit:
"As long as you stay north of Comiskey Park"

Lousy Cubs fan.....

NENick:
I'm going to Chicago on Friday... grrrr. When will the peeps there fight for their rights? Only after they realize that everyone else is enjoying freedom elsewhere?

Dtrain323i:

--- Quote from: NENick on April 18, 2012, 10:37:50 PM ---I'm going to Chicago on Friday... grrrr. When will the peeps there fight for their rights? Only after they realize that everyone else is enjoying freedom elsewhere?

--- End quote ---

There is a ccw bill in the general assembly right now. Such a bill has be introduced every session for years. It never makes it out of committee because of how badly Chicago is stacked.

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