Understanding Illinois Weapons Laws and Offenses
Weapons laws in Illinois can be complex and confusing. This article aims to provide an overview of some key weapons offenses and restrictions in Illinois, as well as the implications and defenses around them.
Unlawful Use of Weapons
The main weapons offense in Illinois is unlawful use of weapons (UUW), covered under 720 ILCS 5/24-1. There are many ways someone can commit UUW, including:
- Carrying or possessing a firearm without a valid Firearm Owners Identification (FOID) card
- Carrying a concealed pistol, revolver, or handgun in a vehicle or concealed on their person, with some exceptions like having a valid concealed carry license
- Possessing a weapon in prohibited places like schools, government buildings, airports, etc.
- Possessing a weapon while hooded, robed, or masked to conceal identity
- Selling, manufacturing, purchasing, possessing, or carrying assault weapons or .50 caliber rifles, with exceptions
Penalties for UUW range from a Class A misdemeanor up to a Class X felony depending on the specific circumstances. UUW charges are common in Illinois – in 2020 there were over 10,000 UUW arrests, mostly impacting young Black men in Chicago.
FOID Card Requirement
To legally possess firearms or ammunition in Illinois, you must have a valid FOID card issued by the Illinois State Police, with some exceptions like for antique firearms. The FOID card application process involves a background check and $10 fee every 10 years. Your FOID card can be revoked for certain criminal convictions or mental health issues. Possessing guns without a FOID can lead to UUW charges.
Concealed Carry
Illinois allows concealed carry of handguns by individuals with a valid concealed carry license. The license involves more stringent background checks and training compared to the FOID. Concealed carry license holders can carry loaded, concealed handguns in most public places except restricted areas like schools, government buildings, public transportation, etc. Carrying concealed without a license can result in UUW charges.
Transporting Guns in Vehicles
There are specific rules around transporting firearms in vehicles in Illinois covered under 720 ILCS 5/24-1. Guns should be unloaded and enclosed in a case, box, or other container. Ammo must be kept separate. Exceptions exist like for concealed carry license holders. Violating vehicle transportation rules can lead to UUW charges.
Restricted Locations
There are many restricted locations where possession of firearms is prohibited in Illinois, even with a valid FOID or concealed carry license. Examples include government buildings, airports, public parks, stadiums, bars, restaurants that sell alcohol, colleges, and more. There are enhanced penalties for weapons offenses in these restricted areas.
Defenses
There are some defenses that can potentially beat a UUW or other weapons charge in Illinois:
- No unlawful purpose – Possessing a weapon isn’t inherently illegal in Illinois. The state must prove you intended unlawful use.
- Self-defense – Using a weapon to protect yourself or others may justify possession.
- Necessity – Breaking weapons laws out of necessity to prevent a greater harm.
- Second Amendment – Argue that your right to bear arms was unconstitutionally violated.
If charged with a weapons offense, consulting an experienced criminal defense attorney to explore defenses is highly recommended.
Other Illinois Gun Laws
Some other key weapons laws and restrictions in Illinois include:
- Ban on assault weapons, .50 caliber rifles, and high capacity magazines with exceptions for possession before 2013 – 720 ILCS 5/24-1
- Background checks required for all firearm sales and transfers – 430 ILCS 65/3
- 72-hour waiting period for handgun purchases – 430 ILCS 65/3
- No carrying firearms while under the influence of alcohol/drugs – 720 ILCS 5/24-1
This overview covers some key weapons laws and offenses in Illinois but does not cover everything. Consult an attorney if you have been charged with a weapons violation.
The Bottom Line
Weapons laws are complex, but generally in Illinois you need a FOID card to possess guns, concealed carry license to carry concealed handguns, and must follow transportation/restricted area rules. Penalties for violations like UUW can be severe. If charged, explore defenses with a criminal defense lawyer.