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Illinois Rules for Owning and Carrying a Gun

 Posted on November 17, 2019 in Criminal Defense

IL defense lawyerThe state of Illinois has a highly specific law regarding gun ownership and concealed carry rules. Guns are legal to carry as long as the owner has the proper paperwork which gives them the right to carry.

Those who illegally carry a firearm will face misdemeanor charges for first offenses and possible felony charges for subsequent offenses. Illegal gun carriers will also face felony charges if they discharge their weapon resulting in injury or death of a victim.

Requirements for Owning and Carrying a Firearm

There are two types of permits that a person needs in order to legally possess a gun in Illinois. Homeowners who wish to possess a firearm for security purposes only need to apply for a Firearm Owners Identification Card (FOID). If a person meets the requirements for the FOID, they can then possess a gun within their home, but cannot carry it out of their home unless it is unloaded and stored inside a proper container.

Requirements for earning a FOID include:

  • Be at least 21 years old or 18 years old with parental consent.
  • Have no felony convictions.
  • Not be intellectually disabled.
  • Not have been a patient in a mental institution within five years before filing a FOID application.
  • Not be addicted to controlled substances or alcohol.
  • Not have an active order of protection.
  • Be a legal citizen of the United States.
  • Not be a fugitive of the law.
  • Not have been dishonorably discharged from the military.

If a person wishes to own a gun and carry it legally and in a concealed fashion, they must obtain a FOID and also apply for an Illinois Concealed Carry Permit (CCP) which lasts for five years.

The requirements for a CCP are similar to a FOID application and if accepted, the gun owner may carry their weapon - with some restrictions - after taking a 16-hour training course with an Illinois state-approved instructor.

Restrictions to Concealed Carry in Illinois

Even with the permits, gun owners cannot carry their weapons at certain locations:

  • School grounds (any level of study)
  • Airports
  • Amusement parks
  • Stadiums or arenas
  • Hospitals
  • Juvenile and adult detention facilities
  • Libraries
  • Casinos

If a licensed concealed carry owner is caught with their weapon in a restricted area, they will face a Class B misdemeanor for first offenses and a Class A misdemeanor for subsequent offenses. They can also have their licenses suspended for up to six months.

Contact a Chicago, IL Gun Crimes Attorney

Those who carry a firearm without a FOID or a CCP can face felony charges which lead to prison time. The lawyers from Luisi Legal Group can help if your gun was found during an illegal search and seizure. They can make sure your rights were not violated and investigate to make sure the weapon does or does not belong to you. To schedule a free consultation with a Chicago gun crimes lawyer, call our office at 773-276-5541.





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