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Overview of Gun Possession Laws in IL

Overview of Gun Possession Laws in IL

In Illinois, gun laws regulate the sale, possession, and use of firearms and ammunition throughout the state. The purchase of any type of firearm requires that a person has a permit, which is known as a Firearms Owner’s Identification Card (FOID).

The Illinois State Police Department issues licenses for the concealed carry of handguns to qualified applicants ages 21 or older who pass a 16-hour training course. However, they can object to a person being granted a license “based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.” Objections are reviewed by a Concealed Carrying Licensing Review Board, which determines whether or not the license will be issued according to “a preponderance of the evidence.”

To apply for a license the applicant needs to possess the following:

  • A valid driver’s license or state ID card
  • A certificate from required training
  • A valid FOID card
  • A head and shoulder electronic photograph was taken in the last 30 days
  • 10 years of documented residency
  • Fingerprints
  • The application fee

The cost of permits is $150 for residents or $300 for non-residents, and are valid for up to five years. A resident of Illinois is considered someone who qualifies for the state’s driver’s license or identification card which proves establishment of a primary domicile. A non-resident is someone who has not resided in the state for over 30 days and resides in another state.

Concealed carry is prohibited at schools, colleges or universities, daycare facilities, courthouses, government buildings, hospitals, playgrounds, parks, bars or restaurants which obtain more than half its revenue from alcohol sales, on public transportation, at public gatherings or special events that require a permit, and on private property where the owner doesn’t allow guns.

The following are various firearm crimes and their potential penalties:

  • Possession of a firearm (without a permit) – Class A misdemeanor
  • Possession of a firearm in an establishment which sells alcohol – Class 4 felony
  • Possession of a firearm while hooded, masked, or robed – Class 4 felony
  • Possession of a sawed-off shotgun – Class 3 felony
  • Possession of a machine gun – Class 2 felony, but if loaded, Class X felony
  • Possession of a silencer – Class 3 felony
  • Possession of a bomb, grenade, Molotov cocktail, or any other explosive substance container – Class 3 felony

If you had been arrested and charged with a possession of a firearm crime, contact a Chicago criminal defense attorney at the Law Office of Steven Fine and schedule a free consultation today.