Living in the Big City: The Unique Way Gun Laws Are Applied In This Major Illinois City... (2024)

2022-03-22T20:04:45-05:00September 24th, 2020|Tags: Illinois, Nonvideo|7 Comments

Living in the Big City: The Unique Way Gun Laws Are Applied In This Major Illinois City... (1)

Get out your map of Illinois and draw a line around Chicago, Cook County, and the surrounding towns. The rest of the state might as well be a completely separate political entity when it comes to firearms. We all know that the laws pertaining to legal gun ownership in Illinois are quite onerous, but in these areas, we add an additional layer of restrictions to the already harsh laws. In 2013, Illinois passed the Concealed Carry Act, which clearly stated that the laws pertaining to gun regulations would be strictly within the control of state law and future contradictory local laws would be preempted. Local governments were given ten days to issue firearm restrictions which would remain in place after preemption went into effect. The race was on and the cities and counties in and around Chicago that did not already have further restrictions on guns created laws that were more burdensome and limiting, restricting the types of guns and ammunition that were considered legal under the state laws.

Although Illinois state law has no restrictions on modern sports rifles (commonly referred to in the media as “Assault Weapons”) or magazine capacity, some local governments issued such restrictions. The following are the most concerning:

Cook County

Cook County (which includes Chicago) prohibits rifles with fixed or detachable magazines exceeding 10 rounds, handguns with magazines of 10 rounds or greater, box-type detachable magazines with a capacity over 10 rounds, semiautomatic rifles, as well as AR or AK pattern receivers.

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Chicago

Chicago prohibits collapsible, folding, or thumbhole stocks and magazines that can exceed 15 rounds (keep in mind that Chicago is within Cook County, so in reality the limits for magazine capacity is 10). Accessories capable of functioning as a protruding grip that can be held by the non-trigger hand are also prohibited. Laser sights are also illegal in the city of Chicago. Residents of Chicago must report the “destruction, loss or theft” of a firearm “within 48 hours of when the person knows, or should have known, of such destruction, loss or theft.” (Section 8-20-280 Municipal Code of Chicago). In a home where a person younger than 18 is present, all guns must be secured with a trigger lock, stored in a locked container, or secured to the body of the legal owner.

Chicago and the surrounding suburbs of Cook County strictly follow the laws as stated in theIllinois Concealed Carry Act, 430 ILCS 66. Please keep in mind when visiting the wonderful entertainment venues in and around Chicago that the restricted (Gun-Free Zones) will come into play. If you are planning to attend a sporting event such as a Cubs game, White Sox game, Bulls, Blackhawks, or a Northwestern University sporting event, pursuant to 430 ILCS 66/65(17), bringing a handgun into the stadium would be a violation. If you would like to visit the world-famous Lincoln Park Zoo or one of the many museums in Chicago, you would also be prohibited from bringing a handgun onto the property. See 430 ILCS 66/65(21).

Restaurants

Be extremely careful when dining in any of the restaurants in Chicago. If the establishment serves alcohol and more than 50% of the gross receipts are from the sale of alcohol, guns are prohibited per 430 ILCS 66/65(9). Chicago and its surrounding suburbs vehemently oppose any sort of open carry. The mere sight of a gun in a public setting could lead to an arrest and be considered a violation of the Concealed Carry Act 430 ILCS 66.

I urge you to check with your local town or county ordinances if you live anywhere within 100 miles of Chicago or Cook County. The laws in these areas tend to be more restrictive than in the rest of the state. It makes no sense to me that in the more violent, high-crime areas, law-abiding gun owners are being stymied in every way when it comes to defending themselves and their families.

For any questions regarding self-defense in Illinois’ cities, contact U.S. LawShield and ask to speak to your Independent Program Attorney.

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The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsem*nt or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circ*mstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circ*mstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.

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7 Comments

  1. Tim Norris08/02/2021 at 4:45 pm - Reply

    Re Chicago being part of Cook County:

    Chicago is a “Home Rule Municipality”. This is what allowed Chicago to have an assault weapons bans and handgun restrictions, etc.

    Cook County is the only county granted “Home Rule” status. Chicago has its own rules, separate from Cook County, even though it is entirely within Cook and makes up a large portion of the county. The Cook County rules only apply to portions of Cook which are not already covered by “Home Rule”.

    The Chicago magazine limit is 15 rounds. It once was 12. Both were incorporated into Chicago City Ordinance prior to the Concealed Carry Act, which has no magazine limit and full preemption re hand gun laws. Some think this is a blanket rule… others think the preemption apply only to those who have a concealed carry license.

    I have a number of 15 round magazines for several pistols which can be concealed for carry, and I reside in Chicago.

    It is confusing, yet I am certain that handgun magazine limits do not apply in Chicago nor in Cook County due to state preemption.

    This might be something for you to look into for an update to your information.

    Cheers!

    Tim Norris

  2. Zab09/13/2021 at 5:35 pm - Reply

    Thanks Tim! The laws are confusing.

    My understanding is that Chicago and Cook County passed laws in 2013 basically banning AK/AR style pistols prior to passage of the Illinois Concealed Carry Act state preemption. AR style pistols with shrouds (hand guards) and magazines outside of the grip are the reasons why according to those laws, in my reading.

    Yet I notice that at least one gun shop (Eagle Sports) in Cook County sells AR and AK style pistols (firearms with a barrel shorter than 16” and a brace (not stock).

    Am I missing something? If certain firearms are prohibited in Illinois why are they for sale in Oak Forest (Cook County)?

    • Jerry P10/07/2021 at 8:41 pm - Reply

      I was wondering that myself. Eagle Sport and Pelcher’s in Lansing sales assault rifle. How can they sale it legally and if u live in Cook County they say it’s illegal.
      Jerry P

    • Joe11/14/2021 at 7:57 pm - Reply

      The current Illinois state constitution established Home Rule in 1971. What this means is that cities, town and villages have the power to “regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.” This extends to firearms ordinances. As such Cook County’s stringent laws only apply to individuals residing in unincorporated areas of the county. I live in a town in Cook County that does not restrict magazine capacity, AR/AKs, etc. I would say that most residents of Cook County are not affected by the county’s rules since they are likely to live in an incorporated community, making them subject to that community’s rules instead.

  3. Jeremy09/20/2021 at 11:09 am - Reply

    I believe, if I’m not mistaken, Chicago/or cook** has an ‘ordinance’ banning AR-15/long pistols. The state allows.

  4. Jay03/12/2022 at 2:44 pm - Reply

    Is the Sig MPX legal in Chicago?

    • Jeff07/09/2022 at 8:08 pm - Reply

      Jay, have you found out if the Sig MPX is legal in Chicago? I’m currently looking to buy a 16″ barrel, 9mm Sig MPX for range and competition shooting. Could you reply with anything you’ve learned about this?

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Living in the Big City: The Unique Way Gun Laws Are Applied In This Major Illinois City... (2024)

FAQs

Living in the Big City: The Unique Way Gun Laws Are Applied In This Major Illinois City...? ›

Chicago and its surrounding suburbs vehemently oppose any sort of open carry. The mere sight of a gun in a public setting could lead to an arrest and be considered a violation of the Concealed Carry Act 430 ILCS 66.

What is the new Illinois gun law? ›

Illinois Passes Firearm Owners Identification Card Act

The law requires state residents to have a FOID card to own or buy firearms or ammunition and creates a system to identify people who are not qualified to do so, such as those with felony convictions or mental health issues.

What is the Illinois gun safe law? ›

Illinois has no law that requires unattended firearms to be stored in a certain way. Illinois requires firearms dealers, when selling or offering a handgun for sale, to include with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible.

What are the gun laws in Illinois 2023? ›

It bans the sale of assault weapons and high capacity magazines, along with rapid fire devices. The Senate bill did modify the bill the House first passed on what high-capacity magazines would be banned. For long guns, it would be for those with more than 10 rounds.

Where do illegal guns in Illinois come from? ›

In Chicago, most of the traced guns, about 16,500 of them, were bought from somewhere within Illinois, with about 8,200 more coming from Indiana. Wisconsin, Kentucky and Mississippi each was the source of fewer than 2,000 guns.

Can I carry a gun without a concealed weapons permit in Illinois? ›

Open carry of a handgun on your person or in a vehicle is illegal. An Illinois Concealed Carry License (CCL) is required to concealed carry a firearm in Illinois. Applicants must be 21 or older.

Can I carry a gun in Illinois now? ›

Open Carry (Without a Valid Permit/License)

You must have an Illinois Permit to Carry a firearm in Illinois. Open carry is not legal in Illinois. A handgun carried on or about a person with an Illinois Permit to Carry must be concealed from view of the public or on or about a person within a vehicle.

Can you walk with a gun in Illinois? ›

Illinois generally prohibits people from knowingly carrying or possessing a firearm in any public place or lands within the corporate limits of a city, village or incorporated town, except on the person's own land, in his or her own home or fixed place of business, on the land or in the legal dwelling of another person ...

Can you protect your home with a gun in Illinois? ›

In Illinois, you can use reasonable force to defend yourself or someone else, or to defend your home or other property.

Do I have to tell police I have a gun in Illinois? ›

Do I have to tell a police officer I am carrying a weapon? Yes, you have a duty to inform a police officer you are carrying a firearm if asked and you must provide your CCL so the officer can verify who you are and confirm your right to carry a firearm.

Can you own an AR 15 in Illinois? ›

Can Illinois residents still buy an AR 15 or assault weapon from a private individual or a gun dealer? No, Illinois residents cannot purchase an AR 15 or assault weapon beginning January 11, 2023 unless subject to one of the narrow exemptions listed in section 720 ILCS 5/24-1.9(e) within the link above.

How many rounds can you conceal carry in Illinois? ›

Get browser notifications for breaking news, live events, and exclusive reporting. Under the new legislation, according to CBS Chicago, long guns will be limited to 10 rounds per magazine, and handguns cannot have more than 15 rounds.

Is the AR 15 ban in Illinois? ›

Illinois banned the sale of military-style weapons and high-capacity magazines in a bill signed by Gov. J.B. Pritzker on Jan. 10. It required anyone who already owned such a weapon to register it with state police.

What guns is Illinois trying to ban? ›

“Illinois now officially prohibits the sale and distribution of these mass-killing machines,” Gov. J.B. Pritzker said as he signed the law in Springfield on Jan.
...
Guns Banned in Illinois.
Gun ModelGun Type
WUMRifle
IZHMASH Saiga AKRifle
MAADI AK47 and ARMRifle
Norinco 56S, 56S2, 84S, and 86SRifle
16 more rows
Feb 16, 2023

Is Illinois a no gun zone? ›

Illinois generally prohibits possession of a firearm in or on the real property of a public park, courthouse, 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, courthouse or public transportation facility.

Can I drive through Illinois with a loaded gun in my car? ›

Under Illinois' Concealed Firearm Carry Act, enacted in 2013, a person who is issued a valid concealed carry license is permitted to keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

Can I carry a gun in my backyard in Illinois? ›

A license is not needed to carry a concealed handgun on a person's own property, including his or her home or fixed place of business. Nor is a license needed to carry a concealed handgun on the land or in the home of another person, as long as it is with that person's permission.

Can you have a gun in your house without a FOID card in Illinois? ›

Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearms, firearm ammunition, tasers or stun guns within the State must have in their possession a valid FOID Card issued in his or her name.

How many guns can I carry at once in Illinois? ›

In the Illinois Firearm Concealed carry Licensing Compiled statute, 168-page law, nowhere in the law is it stated a limit to the number of firearms that may be carried concealed.

What is the penalty for carrying a gun without a permit in Illinois? ›

Anyone who is found to be illegally in possession of a handgun is guilty of a Class 4 felony and can be punished by jail time for one to three years, a fine of up to $25,000, or both.

What state has the strictest gun laws? ›

California and New Jersey are the states that have the strictest gun laws in the nation, scoring both A on the Giffords gun law scorecard. California requires a 10-day waiting period for all gun purchases, as well as a thorough background check for all gun purchasers.

Can you point a gun at someone on your property in Illinois? ›

Illinois does not have a Stand Your Ground law at this time. Forty-six states have some version of a law called the “Castle Doctrine.” This law allows a person to use force if they believe someone is unlawfully entering their home or vehicle, and many Castle Doctrine laws allow deadly force against intruders.

Can I carry my gun around my house? ›

A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

How long can police hold your gun in Illinois? ›

The law enforcement agency must maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days, and then dispose of the firearm after that period pursuant to state law.

Is Illinois a stand your ground? ›

Though Illinois does not have a stand your ground statute, the state Supreme Court has held that there is no duty to retreat before using force in public. Illinois law authorizes the use of deadly force to prevent the commission of a forcible felony, which is defined to include burglary of unoccupied vehicles.

What can I legally carry for self defense in Illinois? ›

The Basics: Pepper spray is LEGAL to use and carry in Illinois for self defense. Must be over 18 years old to purchase/use/carry pepper spray. Chicago only: Pepper spray cannot be used in an enclosed space with more than 20 people (like a bar, club, etc.).

What is the castle law in Illinois? ›

The term Castle Doctrine (Illinois Castle Doctrine) refers to laws that allow people to use force against trespassers to their “Castle” or home without legal prosecution or liability.

What happens if you get pulled over with a gun in Illinois? ›

Up to 1 year in jail- class A misdemeanor. What happens if you get caught with a gun in Illinois? If you have a FOID card but no concealed carry license: Up to 1 year in jail- class A misdemeanor.

What happens if you get caught with a gun in Illinois? ›

What happens if you get caught with illegal gun possession in Illinois? You could be facing a felony charge even if you have no criminal record. Depending on the circ*mstances, you could be facing 1 year in county jail, 1 – 4 years in prison, or 3-7 years in prison.

Who is not allowed to own a gun in Illinois? ›

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence crimes or if they are subject to certain court orders related to domestic violence or a serious mental condition.

Are silencers allowed in Illinois? ›

Can You Possess a Suppressor in Illinois? Silencers (otherwise known as suppressors) are currently unlawful in the state of Illinois.

Is a Glock 17 illegal in Illinois? ›

Is my Glock 17 (or similar) service pistol banned in Illinois? Probably not. While the magazines are certainly banned for the majority of citizens, the firearm its self doesn't appear to be banned, if you can find 15 round magazines that fit.

Does Illinois have a magazine capacity limit? ›

- Illinois: The State of Illinois bans magazines greater than 10 rounds for long guns and 15 rounds for handguns. Protect Illinois Communities Act (effective 10 Jan 23).

What distance do you shoot for Illinois concealed carry? ›

The firearm does not have to be the one you plan to carry, but the State Police say it must be a “concealable” firearm. You will fire a qualification of 30 rounds; 10 rounds at 5 yards, 7 yards, and 10 yards, and you must get 70% hits in the scoring area of the target.

Can I buy a gun in Wisconsin if I live in Illinois? ›

Residency Requirements: You must be a resident of Illinois to take possession of a handgun, however residents of states that physically border Illinois (Indiana, Kentucky, Missouri, Iowa, and Wisconsin) are allowed to purchase and take possession of long guns.

What is the ammo law in Illinois 2023? ›

On February 26, 2023

Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized.

What is the AR ban in 2023? ›

The Assault Weapons Ban of 2023 would ban the sale, transfer, manufacture, and import of military-style assault weapons and high-capacity magazines and other high-capacity ammunition feeding devices.

Can you hunt deer with an AR-15 in Illinois? ›

Rifles, except muzzleloading rifles, regardless of caliber or action are not permitted for firearm deer hunting. Specifications for legal handguns and ammunition are below and on page 18 of the 2020 - 2021 Hunting and trapping digest. - For handguns, a bottleneck centerfire cartridge of .

What caliber will be legal in Illinois? ›

The only legal ammunition for a centerfire handgun or rifle is a bottleneck centerfire cartridge of . 30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .

How many gun owners are in Illinois? ›

146,487

Can you own an AR pistol in Illinois? ›

At this time one can not purchase nor manufacturer an ar15 pistol anywhere in Illinois, except with very limited exemptions. First, let's discuss preemption since this entire article hinges on that language. As of the passage of the Illinois Concealed Carry Act, state law says… Sec.

What bullets are illegal in Illinois? ›

Illinois prohibits the reckless use or discharge of an armor-piercing bullet, flechette shell, dragon's breath shell or bolo shell. The state also prohibits the possession, concealed on or about the person, of an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.

What weapons can a felon own in Illinois? ›

Can a Felon Own a Gun in Illinois? Anyone who wants to possess and carry a firearm of any sort in Illinois must first obtain a Firearm Owners Identification (FOID). A person convicted of a felony crime is not able to obtain a FOID and cannot buy or own a gun.

What are the new gun laws in Illinois 2023? ›

With the governor's signature, the law takes effect immediately. It bans the sale of assault weapons and high capacity magazines, along with rapid fire devices. The Senate bill did modify the bill the House first passed on what high-capacity magazines would be banned.

Can you shoot on public land in Illinois? ›

Target shooting is generally allowed on BLM-administered public lands, as long as it is done in a safe manner, without damaging natural resources or improvements on public lands.

Who is exempt from the new Illinois gun law? ›

For example, active police officers and military personnel, as well as prison wardens, are exempt from the ban, while retired military personnel are not.

Does Illinois still require a FOID card? ›

Who needs a FOID Card? Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearms, firearm ammunition, tasers or stun guns within the State must have in their possession a valid FOID Card issued in his or her name. Non-residents are not eligible to have a FOID Card.

Is the AR 15 banned in Illinois? ›

No, Illinois residents cannot purchase an AR 15 or assault weapon beginning January 11, 2023 unless subject to one of the narrow exemptions listed in section 720 ILCS 5/24-1.9(e) within the link above.

What guns are banned in New Illinois law? ›

List of guns now banned in Illinois as of Jan. 10, 2023.
...
Guns Banned in Illinois.
Gun ModelGun Type
WUMRifle
IZHMASH Saiga AKRifle
MAADI AK47 and ARMRifle
Norinco 56S, 56S2, 84S, and 86SRifle
16 more rows
Feb 16, 2023

Can I own a 30 round magazine in Illinois? ›

Illinois governor signs ban on assault weapons and high-capacity magazines. Illinois Gov. J.B. Pritzker signed into law a bill banning the sale and distribution of assault weapons and high-capacity magazines on Tuesday evening.

How many guns can you conceal carry in Illinois? ›

In the Illinois Firearm Concealed carry Licensing Compiled statute, 168-page law, nowhere in the law is it stated a limit to the number of firearms that may be carried concealed.

Can you buy a gun in Illinois if you are not a resident? ›

Residency Requirements: You must be a resident of Illinois to take possession of a handgun, however residents of states that physically border Illinois (Indiana, Kentucky, Missouri, Iowa, and Wisconsin) are allowed to purchase and take possession of long guns.

Can I carry a gun on my own property in Illinois? ›

In 2013, Illinois adopted the Firearm Concealed Carry Act1 allowing individuals who obtain a valid license to carry concealed handguns in public. A license is not needed to carry a concealed handgun on a person's own property, including his or her home or fixed place of business.

Can I have my gun in my car with a FOID card in Illinois? ›

Yes, if the firearm is unloaded and properly cased. AS AN ILLINOIS RESIDENT, WHAT DOES A VALID FOID CARD ALLOW ME TO POSSESS? Illinois residents need a FOID card for firearms, ammunition, a stun gun or a taser, muzzleloaders and a BB/pellet gun which expels a single globular projectile exceeding .

Does Illinois have red flag gun laws? ›

CHICAGO (CBS) -- In the days after the Highland Park parade massacre last year, a lot of attention was paid to Illinois' red flag law. The law helps family members take guns out of the hands of those with violent tendencies.

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