Illinois Constitutional Carry Laws

5 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Illinois Gun Laws Overview

Federal and State Regulations

In Illinois, both federal laws (such as the Brady Handgun Violence Prevention Act and the National Firearms Act) and state laws play crucial roles in determining firearm legality, ownership criteria, and possession regulations. Federal laws provide a framework for interstate commerce in firearms and regulate certain categories of prohibited persons, while state laws add specific provisions tailored to local needs and circumstances.

Prohibited Weapons

Illinois law strictly prohibits the sale, use, or possession of certain types of firearms and accessories. These include fully automatic machine guns, armor-piercing ammunition, and silencers (also known as suppressors). These restrictions are aimed at limiting access to weapons deemed particularly dangerous or inappropriate for civilian use.

Waiting Period

Prospective gun buyers in Illinois are subject to a mandatory three-day (72 hours) waiting period after completing the required purchase paperwork. This waiting period allows law enforcement agencies to conduct a thorough background check on the buyer to ensure they meet all legal requirements for firearm ownership.

Eligibility Criteria

To legally own or use firearms in Illinois, individuals must meet stringent eligibility criteria. This typically includes passing a background check that reviews criminal history, mental health records, and other relevant factors. Applicants must also comply with age restrictions and other provisions specified in state law.

Location Restrictions

Illinois imposes strict penalties for the illegal possession of firearms in certain locations, such as schools, government buildings, and other designated areas deemed sensitive or high-risk for firearm-related incidents. These restrictions aim to enhance public safety by minimizing the presence of firearms in places where their use could pose significant risks.

By maintaining a balance between public safety concerns and the rights of gun owners, Illinois’ comprehensive gun laws seek to regulate firearms responsibly within the state.

Overview of Illinois Gun Control Laws

Relevant Statutes

Illinois Statutes Criminal Offense: Chapter 720, Sections 5/24.1 through 5/24.3
Illinois Statutes Public Safety: Chapter 430, Sections 65 through 67

Illegal Arms

In Illinois, the following firearms and accessories are illegal to possess:

Machine guns
Rifles with a barrel length less than 16 inches
Shotguns with a barrel length less than 18 inches, or any modified weapon with an overall length less than 26 inches
Stun guns or tasers
Explosive or metal-piercing bullets
Set spring guns
Silencers

Waiting Period

Prospective firearm purchasers in Illinois must wait 72 hours between the time of purchase and taking possession of the firearm. This waiting period allows for a background check to be conducted.

Who May Not Own

The following individuals are prohibited from owning firearms in Illinois:

Anyone under 21 years of age, unless sponsored by an eligible parent or guardian
Convicted felons
Narcotic addicts
Patients of mental hospitals within the past 5 years (unless certified mentally fit)
Individuals with intellectual or developmental disabilities
Prisoners
Persons subject to a protection order
Those convicted of a violent crime involving a firearm within the past 5 years
Convicted domestic abusers
Juvenile delinquents whose underlying crime would have been a felony if tried as an adult
Illegal aliens
Dishonorably discharged members of the U.S. Armed Forces

License Requirements

Residents: Must obtain a Firearm Owners Identification (FOID) card, which serves as a permit to purchase a gun.
Non-Residents: Must comply with their home state’s laws, which must be at least as stringent as those in Illinois.

Concealed Carry License Requirements

Illinois requires a Concealed Carry License (CCL) to carry a concealed firearm.
Open carry is not permitted in Illinois; however, individuals with a CCL may carry a firearm that is partially visible.

Eligibility for a Concealed Carry License

Residents must:

Be 21 years old
Possess a valid FOID card
Have no recent convictions for violent crimes or DUIs
Not be under pending warrants affecting their FOID status
Have completed required firearm training
Be free of objections by law enforcement

Non-residents must meet both FOID and CCL requirements, including mandated training and payment of applicable fees.

Machine Gun Laws

It is illegal to own a machine gun in Illinois under state law.

Penalties for Illegal Firearm Possession

Violations of Illinois firearm laws carry significant penalties:

First offense: Class A misdemeanor (up to 1 year in prison, up to $2,500 fine)
Subsequent offenses: Class 3 felony (up to 5 years in prison)
Depending on circumstances, penalties can escalate to Class 2, 3, or 4 felonies (up to 7 years in prison), or even a Class X felony (up to 50 years) for serious offenses like possession of a loaded machine gun or firearms by prisoners.

Penalties for Illegal Possession On or Near School Grounds

Possession of firearms on or near elementary or secondary school grounds is illegal in Illinois:

Violation constitutes a Class 2 felony, punishable by up to 7 years in prison.

Illinois’ stringent gun control laws aim to balance public safety concerns with the rights of responsible gun owners.

Illinois Constitutional Carry Laws

Illinois Gun Laws Overview

Federal and State Regulations

Prohibited Weapons

Waiting Period

Eligibility Criteria

Location Restrictions

Overview of Illinois Gun Control Laws

Relevant Statutes

Illegal Arms

Waiting Period

Who May Not Own

License Requirements

Concealed Carry License Requirements

Eligibility for a Concealed Carry License

Machine Gun Laws

Penalties for Illegal Firearm Possession

Penalties for Illegal Possession On or Near School Grounds

Gun Permit Laws by State

Written by Ron Wilmington