Basic Gun Laws in Illinois
The FOID card tells law enforcement in Illinois that you are eligible to have and carry a gun and buy firearms and ammunition. The firearm of a law enforcement officers may discharge their firearms during their duty. An Illinois citizen can discharge their firearm if they are legally defending themselves.
Illinois Governor J.B. Pritzker signed into law in May 2022 to ban unregistered Ghost Guns in Illinois. You can not legally sell or possess unregistered, privately-made firearms known as Ghost Guns.
In Illinois, as of 2022, the current gun laws say you cannot purchase or try to purchase a firearm to deliver it to a person who cannot have a firearm.
When you purchase a firearm, you must submit specific information on a transaction record to the Bureau of Alcohol, Tobacco, and Explosives. You will experience prosecution if you supply misleading or false information on this transaction.
- If you or someone else alters or forges a FOID so that you can purchase firearms or ammunition. You are breaking the law.
- You are breaking the law if you try to alter, change, or remove the manufacturer’s serial number on a firearm.
- If you have a stolen or altered firearm and attempt to deliver the firearm, you are breaking the law.
Looking at the Punishments for Gun Violations
Class A Punishments are a Misdemeanor
- This punishment is the minimum for all violations.
- You serve up to a year in jail.
- You pay a $2,500 fine.
Class Four Punishments
- You should serve one to three years in prison.
- You pay up to a $25,000 fine.
- You serve a minimum of one year of parole after a prison sentence.
Class Four Felonies
- You enter an establishment licensed to sell alcohol and have a firearm.
- You enter a public government establishment where you pay admission and have a firearm.
- While you are hiding your identity, you are carrying a firearm or have a firearm in your vehicle.
Class Three Felony
- You spend two to five years in prison.
- You must pay up to a $25,000 fine.
- You serve up to one year of parole.
Class Three Felonies
- You have a gun silencer.
- You have a long rifle or machine gun.
- You purchase, carry, possess, sell, or manufacture certain guns and explosives.
Class Two Felony
- You may spend three to seven years in prison.
- Your fine could be up to $25,000.
- You are on two years of parole.
What Can Cause A Class Three to be Raised to Class Two?
- You are a repeat offender.
- Your offenses were at a school or park.
Class One Felony
- Your sentence could be four to 15 years in prison.
- You must pay up to a $25,000 fine.
- Parole will be up to three years.
Class X Felony
- No probation period.
- You must serve at least six years and up to 30 years in prison.
- You must pay $25,000 in fines.
- You must be on parole for at least three years.
Class One/Class X Felony
- Your charges are aggravated firearm discharge.
- You discharged a firearm into an occupied vehicle or building, or you discharged your firearm at an official.
Caught with a Gun and No FOIC card
Your punishment for carrying a gun without a permit could go several different ways.
- A non-probation-eligible felony
- A class A misdemeanor
- You could get three to seven years in prison.
- You could get one to four years in prison.
- You could get one year or less in county jail.
- You could get a fine of $2,500.
Your charges could be for the unlawful use of a firearm as a Class Four Felony. This charge could get you one to three years in prison.
When you have a FOIC card, Illinois poses no restrictions regarding the size of the magazine or the number of rounds carried in your gun. You must have an approved concealed carry holder.
If you are a Felon
- A low-level felony conviction or past felony conviction could cause an application for a FOID card to be denied.
- Brandishing a weapon is a misdemeanor in Illinois. If you are not a felon, you could get a sentence of nine months to one year in county jail.
- If you are a felon, you could be sentenced to 16 months and up to three years in state prison. You lose your right to carry, use or own a firearm if you are convicted of a felony.
- Felons cannot own or possess a firearm. However, their spouse can if they have a FOID card.
Open Carry of a Firearm
It is illegal to openly carry firearms inside a city unless it is on the person’s property. It is illegal to carry or transport your firearm inside a vehicle. You must have your unloaded firearm in a locked box not quickly accessible.
- Revolving cylinders prohibited
- Fixed magazine greater than five rounds, prohibited
- Manufacture, sell, purchase, possess, carry armor-piercing bullet, dragon’s breath shotgun shell, bolo shell, or flechette shell prohibited.
Unlawful to Carry Specific Weapons in Illinois
- Machine guns
- Shotguns with less than a 16-inch barrel
- Stun guns
- Laser sights
Did You Point a Gun at Someone?
The court can charge you with assault by pointing a gun or knife at someone as a threat. Depending on the conditions of your case, you may face a misdemeanor charge or a higher charge of aggravated assault. You could receive a felony conviction if your charge is aggravated assault.
Charges for a Gun Crime Requires Legal Counsel
If you are charged with any of the above actions, you will need seasoned, experienced, and licensed criminal defense lawyers to protect your rights.
Most clients do not know all of the gun laws in Illinois, nor do they understand the judicial system in Illinois. For these reasons, you will need to give us a call to review the facts of your case. The first call to use is a free, no-obligation consultation to review your case. Please call us as soon as possible so we can advocate for your rights and help you with your gun charges.