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The Basics - Understanding Illinois’ Concealed Carry License Laws

3/4/2016

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Illinois has long required that gun owners maintain a Firearm Owner's Identification card to possess firearms or ammunition within the State of Illinois.In 2013, the Illinois legislature made a new addition to the State’s often harsh gun laws by creating the Concealed Carry License.

Anyone wishing to conceal carry a firearm must have a FOID card. In addition, to obtain a Concealed Carry License from the State, you must:
  • Not have a misdemeanor conviction related to the use of force or threat of violence within the past five years;
  • Not have two or more convictions for driving under the influence of alcohol or drugs within the past five years;
  • Not have been in a residential or court-ordered treatment program for alcohol of substance abuse within the past five years;
  • Not be subject to an arrest warrant or prosecution that could negatively impact your ability to legally possess a firearm

While Illinois does not require nonresidents passing through the State to obtain a FOID card while in possession of firearms, nonresidents must also apply for a license to conceal carry in the State, and the requirements are even more stringent than for residents.

2015 Changes to Illinois Conceal Carry Laws
As of 2015, even if you have a valid Concealed Carry License, police officers may secure your weapon if they stop you while you are in a car if they believe it is necessary to protect any person in the area. If the police determine that you are not a danger to anyone and are capable of possessing a firearm both physically and mentally, they may return it to you at any time. If you are taken into custody for any reason, police will inventory your firearm and issue you a receipt so that you may retrieve your firearm at a later time.

The revisions to the law also affect concealed possession of a firearm while entering places that prohibit the concealed carry of weapons, such as courthouses or certain private businesses. The law previously required that the owner make sure his weapon is unloaded while parked in his vehicle before placing the firearm in the trunk for safekeeping. The 2015 changes to the law no longer require ensuring that it is unloaded before exiting your vehicle.

Finally, the law adopts a new standard for developmental disability, which is a disqualification for a Concealed Carry License in Illinois. Under the new definition, someone is considered to be developmentally disabled if he or she is over the age of 14 and has significant limitations with at least three of the following: self-care, receptive and expressive language, mobility, learning, or self-direction.

Obtaining a Concealed Carry License
Illinois has tough gun laws, and it can be all too easy to run afoul of them no matter how careful you are. But remember, you have a constitutional right to carry a firearm. If you are interested in exercising that right in Illinois, you must first obtain a concealed carry license. If you have been denied a concealed carry license or would like more information on obtaining one, contact Barney  & Hourihane.
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  • Home
  • About
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    • Ian M. Barney, Partner
    • Justine Hourihane, Partner
  • Areas of Practice
    • Civil Rights
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    • Litigation Support
  • Contact
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