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Illinois Gun Laws

Illinois Gun Laws

Illinois statutes regarding firearms have proven to be among the more restrictive in the United States. The possession, purchase, and carrying of firearms are contingent upon an individual obtaining a Firearms Owner's Identification Card, or FOID. The requisition of the FOID is an application that is not implemented by most of the states, and proves to be one of the key features regarding Illinois firearm laws. The registration of firearms is not required by Illinois statutes, the only exception being the city of Chicago, in which any type of firearm must be registered.

The purchase of any kind of firearm, be it rifles, shotguns, or handguns, require that an individual have a permit, which is known as the FOID. Rifles and handguns are subject to a holding period of twenty-four hours, while handguns have waiting period of seventy-two hours for actual delivery. The exception to the waiting period provision is that it does not apply for law enforcement officers, an authorized dealer, or a non-resident at a gun show that has been approved by the Illinois Department of State Police.

Records of a sale are to be obtain by a dealer for a period of ten years, which will include the firearm's description and serial number, and the buyer's identification information, as well as the FOID number. All purchases are contingent to a background check, including firearm transfers conducted at gun shows. The minimum age requirement to purchase a firearm in the state of Illinois is eighteen.

As mentioned before, a permit must be obtained before a purchase can be carried out. The Firearms Owner's Identification Card also acts as a firearm license for the owners, which is required under Illinois statutes. The application for the FOID is made to the Illinois State Police and the application can be obtained via the internet or by calling the Firearm Owners Identification Program directly. Certain requirements must be met in order to be considered eligible for a FOID:

Be over the age of 21

For those under the age of 21, and least 18 years of age, a written letter of consent signed by the parent or guardian is to be furnished at the time the application is submitted.

The parent or guardian must also be considered eligible to acquire a FOID in this circumstance

No records of convictions of felony crimes

Not a deemed as an addict to narcotics

Not have been admitted as a patient to a mental facility in the past five years

Is mentally and physically capable to properly handle a firearm

Not an illegal alien in the United States

Has no current restraining orders issued or pending

No convictions of crimes including battery, assault, or other similar crimes, in which a firearm was used or found in possession, within the past five years

No convictions of domestic batter or similar crimes committed after January 1st, 1998

No convictions within the past five years dating from January 1st, 1998

The FOID application must be presented with the proper identification materials, such as a driver's license or state ID card. The FOID will have a fee of ten dollars and is valid for five years from date it was issued.

The Possession of a firearm also requires to for an individual to have obtained a FOID. This also extends to ammunition as well. For those under the age of 18, it is considered illegal under Illinois firearm law for such an individual to be in the possession of firearm.

Under Illinois statues, it is unlawful to possess a firearm in any public forum or establishment, as well as schools. Students who are exempt may be in possession of firearm if they can provide for proof that they are engaged in firearm training classes, target shooting on school grounds, or other activities approved by the school.

In such a case, firearms are to be transported unloaded and in an appropriate case. Possession of firearms in the city of Chicago is illegal unless it is appropriately registered with the authorities. A certificate will be issued that must be carried at all times the firearm is in possession or being carried, and must be readily presentable to any law enforcement official if requested. Handguns that have not been registered before 1982 are not allowed, and thus any handgun in Chicago after said date is illegal by Illinois law.

The carrying of firearms is restricted only to rifles and shotguns, and individuals must also have a valid FOID. There is no permit to carry issued for handguns, and such practice is illegal under Illinois statutes. Guns can only be carried in one's personal property or place of business.

The exception would apply for those engaged in activities such as hunting and other recreational purposes, and must provide for the valid licenses for such activities. The transportation of firearms to and from such practices must be disassembled or rendered as non-functioning, and not easily accessible in the vehicle. The firearm can also be transported unloaded and in a suitable case, as long the individual has a valid FOID on their person.

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