Until 2012, Illinois law prohibited carrying a gun (openly or concealed) outside of one’s home, but a federal appellate court struck down the law, finding that the universal ban violated the Second Amendment. (Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012).) In 2013, Illinois enacted a new law permitting people to carry concealed weapons with a license. (430 Ill. Comp. Stat. § 66/10.)
In order to obtain a concealed carry license, the applicant must first possess a Firearm Owner’s Identification (FOID) card, or qualify for one and be in the process of applying for one. Additionally, the applicant must submit to a background check and cannot have been convicted of a felony, a misdemeanor involving violence within the past five years, or two or more DUIs. (430 Ill. Comp. Stat. § 66/30.) For more information on Illinois’s gun regulations, see Illinois Gun Laws and Weapons Charges in Illinois.
People in Illinois are prohibited from obtaining a FOID card or a concealed carry permit if they are:
(405 Ill. Comp. Stat. § 5/1-116; 430 Ill. Comp. Stat. § 65/8.)
While Indiana law permits the carry of concealed weapons with an appropriate license, you are not entitled to carry a weapon under all circumstances or in any location. Licensees are prohibited from carrying a concealed weapon while under the influence of alcohol or drugs. Additionally, the carrying of a concealed weapon is not permitted in the following locations:
(430 Ill. Comp. Stat. § 66/65.)
It is a class A misdemeanor to possess a weapon without a FOID card, if you are otherwise eligible to obtain a FOID card. Penalties include a fine of up to $2,500, up to one year in jail, or both. A second or subsequent violation of this type is a class 4 felony, which incurs a fine of up to $25,000, at least one year (and up to three years) in prison, or both. (430 Ill. Comp. Stat. § 65/14(b).)
It is a class 3 felony to possess a weapon without a FOID card when you are not otherwise eligible to obtain a FOID card. Penalties include a fine of up to $25,000, at least two (and up to five) years in prison, or both. A third or subsequent violation of this type is a class 1 felony, which incurs a fine of up to $25,000, six to 30 years in prison, or both. (430 Ill. Comp. Stat. § 65/14(c).) For more information on sentencing in Illinois, see Illinois Misdemeanor Crimes by Class and Sentences and Illinois Felony Crimes by Class and Sentences.
The penalties for violating gun carry laws are serious, and often include harsh fines and long prison sentences. If you have any questions about whether you are allowed to possess or carry a gun in Illinois, or if you are facing charges for a gun violation, consult an experienced local criminal defense lawyer.