There is a constitutional right to bear arms in America, but in Illinois, the Constitution won’t save you from prison. Don’t mess around with guns in this State. You can’t just casually carry or even possess a gun in Illinois. This is not Texas. Illinois is one of 12 states, including the District of Columbia, that require a permit or license to possess a firearm. Walk around with a gun in your waist or your car without one and get stopped by the police? Go to prison for at least 1 year. Don’t have any criminal history? Doesn’t matter. Needed it for protection? Too bad. If you want to exercise your 2nd amendment rights in Illinois and avoid getting locked up, you need a license from the state.
In Illinois, two types of firearm licenses exist: Firearm Owner ID (FOID) and Concealed Carry License (CCL).
First and foremost, to legally own a gun in Illinois you need a FOID card. Period. Full Stop. Only Illinois residents can obtain a FOID card, with the exception of certain military personnel.
Below is everything you need to know on how, when, and where you can legally carry a firearm in Illinois, as well as how you can lose that right.
What Exactly Is Concealed Carrying?
Carrying a handgun that is:[1]
- Loaded or unloaded
- On your body
- Completely or mostly completely from view
- While in public or within a vehicle
What Type of License Do You Need in Illinois:
PLACE LICENSE NEEDED PUNISHMENT WITHOUT
| Home | FOID | Cl. A misdemeanor |
| Vehicle | CCL | Cl. 4 Felony & up |
| Public Place | CCL | Cl. 4 Felony & up |
Mandatory Requirements
- Illinois Resident:[2]
- 21 years old or older;
- Valid FOID card;
- No prior conviction for misdemeanor:
- involving use or threat of physical violence;
- No prior felony conviction
- Not more than 2 DUI convictions within the last 5 years.
- Not subject to arrest warrant, prosecution, or proceeding case that could lead to disqualification.
- Not addicted to Narcotics
- Not in residential or court ordered Alcohol and Drug treatment within the last 5 years.
- Completed firearm training
- Do not pose a danger to himself, herself, or others
Law Enforcement Objections:
Even if you are eligible for a CCL:
- If you meet the above requirements but have 5 or more arrests within the last 7 years, or 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses-you’re eligible- BUT: Illinois State Police will object.[3]
When an objection is filed, it goes to the Concealed Carry Licensing Review Board. If the board determines, by what is called a preponderance of evidence, the applicant poses a danger to himself or herself or others, or is a threat to public safety, they can, and will, deny the CCL. 66/20(g)
How Long Is Your CCL Valid For?
- 5 years from the date of issuance.[4]
What Does an Illinois Concealed Carry License (CCL) Allow You To Do?
The Illinois Concealed Carry Act allows any license holder to:
(1) carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and
(2) keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.[5]
What CAN’T[6] You Do With a CCL:
Carry drunk
1st 2nd Offense- Cl. A misdemeanor-Discretionary 6 month suspension for 2nd violation;
3rd + Cl. 4 felony; lifetime revocation. [7]
Flash your firearm
Shoot your firearm
Carry in 24 legally prohibited places[8], such as
- Schools
- Government Buildings
- Hospitals
- Playgrounds
- Any place serving alcohol where 50%+ of revenue comes from alcohol
- Any place the property owner prohibits carrying firearms
A CCL is not a license to brandish or show off your firearm. The plain language of concealing & carrying makes for just that, concealing and carrying. Should you pull your firearm out and use it, be ready with a good self defense claim. License or not, you’re going to need it.
Traffic Stops: Police Encounters While Carrying:
During a traffic stop, an officer may:[9]
- Request you to tell them if you are carrying
- Request your CCL
- Request proof your Non-resident qualified to carry
- Request Identify the location of the firearm
- Secure the firearm or direct it to be secured during contact with Law enforcement officer or emergency personnel, if determined this is necessary for the safety of any person present.
- Firearm to be returned when determined securing the weapon is not necessary for safety of any person present.
- Applies to anyone in vehicle- passenger & driver.
Non-Resident Carry:
What if you don’t live in Illinois but are driving through the State with your firearms? How can you transport and carry your firearm through Illinois?
Driving through Illinois:[10]
Legal if:
- Firearm remains concealed within the vehicle
- Are legally able to conceal carry in their home State.
- If you leave the car, must lock it or put firearm in locked container.
Carry on Person:
Legal if licensed in home state to conceal carry. The home State must have a governmental process/licensing procedure or it will not fall under the Non resident exemption listed in 405 ILCS 65/26(b)(10).
How Can a CLL be Revoked?
Revocation occurs by conviction of disqualifying offenses. Basically, if convicted of any offense that would prevent you from getting the FOID or CCL, if obtained during licensure, this gets you revoked. If this happens to you, or if you are looking to obtain a CCL, at Robert Callahan & Associates we will answer all your Concealed Carry criminal questions and fight for your legal right to carry a firearm in Illinois. Call us at 312 322 9000.
[1] 430 ILCS 66/5.
[2] 430 ILCS 66/25
[3] 430 ILCS 66/15(b).
[4] 430 ILCS 66/10(c).
[5] 430 ILCS 66/10(c)
[6] 430 ILCS 66/70(f)
[7] 430 ILCS 66/70(e).
[8] 430 ILCS 66/65(9).
[9] 430 ILCS 66/10(h) & (h-1).
[10] 430 ILCS 66/40(e)
