The second amendment of the US Constitution guarantees the right to bear arms to its citizens. Despite the guarantees of the constitution, gun issues have long been a hot topic of debate around the country, and particularly in Illinois.
Illinois Gun laws are among the most strict in the country. Because of that reputation for strong gun control, we often hear questions such as “can you carry a gun in Illinois?” and “what happens if you get caught carrying a gun without a permit?”
With so many differing opinions, it can be difficult to separate fact from fiction.
Today, we’ll answer these important questions and more as we examine concealed carry laws and penalties in Illinois.
Can You Carry a Gun in Illinois?
Let’s get right down to brass tacks. Yes, it is legal to carry a gun in Illinois, however there are many restrictions to consider before you can legally do so.
Illinois is a “shall-issue” state. This means that there is a certain set of basic qualifications that must be met in order to legally possess a firearm and ammunition. If a resident meets these qualifications, the local issuing authority cannot deny the applicant a permit.
In order to purchase and own a firearm in Illinois, residents must apply for a Firearm Owners Identification (FOID) card. Obtaining a FOID card carries several requirements.
To obtain a FOID, applicants must:
- Be at least 21 years old
- Have no felony convictions
- Not have any misdemeanor or felony convictions involving violence or the threat of violence within the past 5 years.
- Not have any narcotics addictions
- Not be intellectually disabled
- Not be an alien unlawfully present in the United States
These are the most significant qualifications for a FOID, but it is advised to consult with the Illinois State Police Firearms Services Bureau for a complete list of FOID requirements.
Do You Need A Concealed Carry Permit In Illinois?
If you wish to carry your gun in public, a concealed carry license (CCL) is required in Illinois.
It’s important to note that a concealed carry license is required in addition to having a valid FOID. It is not a replacement for a FOID, and you will not be eligible for a CCL without a FOID.
To be qualified for a concealed carry license in Illinois, the applicant must:
- Be at least 21 years of age
- Have a valid FOID
- Not be convicted of any misdemeanor or felonies involving violence or the threat of violence within the past 5 years (either in Illinois or another state)
- Not have 2 or more DUIs in the past 5 years
- Not have any pending warrants for arrest
- Complete a 16 hour concealed carry training course
Can I Carry A Gun Without A Concealed Weapons Permit In Illinois?
With few exceptions, Illinois is NOT an open carry state. Exceptions are made for hunting, or within your own home or on your own land.
You may also carry a firearm without a concealed weapons permit on the land or in the dwelling of another person, with their permission.
Outside of these areas, you need a concealed carry permit in Illinois.
Is Carrying A Concealed Weapon A Felony Without a Permit?
No, carrying a concealed weapon without a permit is not necessarily a felony. But what happens if you get caught carrying a gun without a permit? It is still a serious crime, with significant penalties.
If you are found to carry a firearm in public without a concealed carry weapons permit, it is considered to be an unlawful use of a weapon, which is a misdemeanor. The penalties can vary, based on circumstances.
First Offense
A first offense of carrying a concealed weapon without a CCL is considered a Class A misdemeanor in Illinois. This can carry up to 12 months in jail, and a fine of up to $2,500.
Subsequent Offenses
What happens if you get caught carrying a gun without a permit a second time? Further violations will be upgraded to a Class 3 Felony, with more significant fines and a longer potential jail term.
Places You Can’t Conceal Carry In Illinois
Even with a CCL, there are a number of places that you cannot enter with a firearm. The primary list includes:
- Public and private preschools, elementary, middle, and high schools.
- Colleges, Universities and other higher education institutions
- Government facilities, including federal, state, and municipal buildings
- Hospitals and other care facilities
- Parks, playgrounds, and athletic fields
- Bars, restaurants, and businesses where 50%+ of the revenue is generated from alcohol sales
- Libraries, stadiums, or other public venues
- Airports and public transportation facilities
By entering these locations with a concealed firearm, you are committing a Class B misdemeanor. This can carry a penalty of up to 6 months in jail, and a fine of as much as $1,500.
Subsequent violations of carrying a concealed weapon in a restricted area will be bumped up to a Class A misdemeanor. A second violation would also result in a suspension of your CCL. Three for more violations, and your CCL can be permanently revoked.
Conclusion
Gun ownership and concealed carry laws in Illinois are among the strictest in the country, but it is legal to carry a gun in Illinois – provided you meet the right qualifications. Failure to abide by the rules established in the state can lead to significant fines and penalties.
However if you are facing gun charges or violations of the concealed carry act, you do have the right to defend yourself in court.
At Criminal Lawyer Illinois, principal attorney Sami Azhari has over 17 years of experience defending Illinois crimes, including charges like illegal gun possession and violation of concealed carry laws. Sami has defended over 100 cases and will do everything in his power to vigorously defend his clients in court.
Never try to fight these charges on your own. Contact Sami Azhari at Criminal Lawyer Illinois today for a consultation on your defense against concealed carry and gun law violations. Sami will help you understand your case, and explore potential defenses, so you can reach the best outcome for your case.
