Illinois has some of the strictest gun laws in the country. Buyers here are required to undergo a background check and get a permit in order to purchase firearms.
And in January, lawmakers increased the restrictions. They passed a ban on the future sale, transfer and possession of so-called assault weapons including the infamous AR-15-style gun. Gov. JB Pritzker signed the ban which also requires current owners to register their firearms with the state police, however, the law is currently being challenged in several courts across the state and the purchase of those firearms remains legal for plaintiffs while their lawsuits play out.
High-powered assault rifles have been used in numerous high-profile mass shootings throughout the country. At the mass shooting on the Fourth of July in suburban Highland Park that killed seven people, officials said the gunman used a M&P15 semiautomatic rifle, which was purchased legally in the Chicago area. Democratic State Representative Bob Morgan, D- Deerfield, was at the parade and said that shooting spurred him into becoming one of the main sponsors of Illinois’ new ban on those firearms.
Here’s a deeper look at the current state of gun policy here in Illinois.
The big picture
Illinois has the seventh strongest gun safety laws in the country and the ninth-lowest rate of gun ownership, according to Everytown for Gun Safety. But, the nonprofit advocacy group notes that “despite being a national leader in enacting gun violence prevention laws,” Illinois is “surrounded by states with much weaker laws” and “continues to experience a rate of gun violence that is “near the national average.”
The Illinois Constitution lays out the right of Illinois citizens “to keep and bear arms,” but according to the Giffords Law Center to Prevent Gun Violence, Illinois courts have consistently found that right does not prevent the state or individual municipalities from imposing gun restrictions or regulations.
However, the ability to restrict gun possession has been narrowed by the federal courts. For example, in a 2010 decision, the Supreme Court found that a Chicago ban on handgun possession violated the Constitution.
And in another case out of New York last June the Supreme Court expanded gun rights, saying Americans have a right to carry firearms in public for self-defense. The decision, which is likely to lead to more people being legally armed, came out as Congress and states debate gun-control legislation.
Gun rights advocates in Illinois cite that decision as a game-changer in the fight to expand gun rights through the courts, and in their legal battle against the assault-weapons ban adopted this year.
Restrictions on gun ownership
Unlike most states, Illinois requires a permit and a background check to purchase firearms. The permitting system bans certain people from owning guns in Illinois, including residents who have prior felony convictions, residents with current orders of protections against them and residents with a recent history of serious mental health issues.
The Firearm Owners Identification Card is issued by the Illinois State Police and must be renewed every 10 years — although the state has a well-documented history of failing to go after revoked or expired gun permits, or the illegal guns in their owners’ possession. The Illinois gun permit, referred to as a FOID card, is required for purchasing guns and ammunition, and also just for being in possession of a firearm.
The FOID law does not require any training before purchasing a gun, however Illinois residents who want a concealed carry license must meet FOID requirements and successfully complete 16 hours of firearms training, including classroom and range instruction, according to state police. Indeed, while some states, including neighboring Indiana, allow or will soon allow “permitless carry” for any adult, Illinois still requires strict permitting in order to carry a gun in public.
Illinois law also prohibits anyone younger than 21 from purchasing or possessing a firearm unless the young person is sponsored by an eligible adult. According to the National Rifle Association, Illinois bans possession of certain types of high-powered ammunition and rifle silencers.
What’s new
Among the long list of firearms that are banned under Illinois’ new law are various types of semi-automatic rifles such as A.Rs and A.Ks, large-capacity magazines holding more than 10 rounds in rifles and more than 15 rounds in pistols, and devices known as “switches” that can convert any gun into a fully automatic weapon.
Current owners who have registered their firearms with the state are only allowed to carry on their own property, other private property with the owner’s permission, at a federally-licensed gun shop and range, and while traveling between the aforementioned locations.
Last summer, Illinois moved to ban so-called ghost guns, becoming the first Midwestern state to outlaw the untraceable weapons, and the state has a law against owning or selling machine guns, defined as a gun that shoots more than one bullet per squeeze of the trigger.
The Associated Press and Chicago Sun-Times contributed to this report.
