Important Things You Should Know About Carrying a Concealed Weapon in Illinois

The right to own firearms is part of the Bill of Rights in the U.S. Constitution and cannot be taken away by the government. However, lawmakers in each state have the authority to make their own laws pertaining to the use, sale, distribution, and ownership of firearms and to legally restrict certain people from owning one. In Illinois, owning a firearm is legal and even carrying a concealed firearm can be legal. If you are a firearm owner, there are a few things you should know about carrying a concealed weapon in Illinois.

What is Concealed Carry in Illinois?

In Illinois, “concealed carry” refers to the legal ability for eligible individuals to carry a handgun, loaded or unloaded, on or about their person in a manner that is completely or mostly hidden from public view, or within a vehicle. This right was established with the passage of the Firearm Concealed Carry Act (Public Act 98-63) on July 9, 2013, making Illinois the last state in the nation to adopt such a law. Prior to this, carrying a loaded handgun in public was generally prohibited in Illinois.

The Firearm Concealed Carry Act

The Firearm Concealed Carry Act (FCCA) is the foundational law governing concealed carry in Illinois. It outlines the requirements for obtaining a Concealed Carry License (CCL), specifies where licensees can and cannot carry a concealed firearm, and details the responsibilities of a licensee. This act was a significant shift in Illinois’ gun laws, which had historically been very restrictive regarding public firearm possession.

The law defines a “handgun” for the purposes of concealed carry as any device designed to expel a projectile by explosion, gas expansion, or gas escape, and intended to be held and fired with a single hand. Importantly, it excludes stun guns, Tasers, machine guns, short-barreled rifles or shotguns, and certain low-velocity pneumatic, spring, paintball, or BB guns.

Who Can Get a Concealed Carry License in IL?

To obtain an Illinois Concealed Carry License, applicants must meet several strict criteria:

• Age: Be at least 21 years old.
• FOID Card: Possess a valid Illinois Firearm Owner’s Identification (FOID) card, or have applied for one. The FOID card is a prerequisite for owning firearms in Illinois.
• Criminal Record: Not have been convicted of a felony in Illinois or any other jurisdiction.
• Misdemeanor History: Not have been convicted or found guilty in Illinois or any other state of a misdemeanor involving the use or threat of physical force or violence to any person within the last five years.
• DUI History: Not have two or more violations related to driving while under the influence of alcohol, other drugs, or intoxicating compounds within the last five years.
• Legal Standing: Not be subject to a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm.
• Mental Health: Not have been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past five years. Also, not have been adjudicated as a mental defective or ordered by a court for in-patient or out-patient mental health treatment.
• Domestic Violence: Not have been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery, or a substantially similar offense.
• Drug Test: Not have failed a drug test for a drug for which the applicant did not have a prescription within the previous year.

The Application Process for Concealed Carry in Illinois

The process for obtaining an Illinois CCL involves several steps:

1. Obtain a FOID Card: If you don’t already have one, you must first apply for an Illinois FOID card through the Illinois State Police (ISP) website. This requires providing personal information, a photograph, and a fee.
2. Complete Training: Applicants must complete a 16-hour firearms training course provided by an ISP-approved instructor. This course covers firearm safety, the legal aspects of firearm ownership and use in Illinois, and a live-fire exercise. The live-fire component typically requires firing a minimum of 30 rounds, with 10 rounds each from distances of 5, 7, and 10 yards at an approved target.
3. Submit Application: Once the training is complete, applicants can submit their CCL application online through the ISP website. The application requires uploading electronic copies of the training certificate(s), a recent headshot photograph, a valid driver’s license or state ID, and details of the last 10 years of residency.
4. Fingerprints (Optional but Recommended): While not mandatory, submitting electronic fingerprints expedites the processing time for the application. If fingerprints are not provided, the ISP has an additional 30 days to process the application. Fingerprints are taken by approved vendors, and applicants receive a Transaction Control Number (TCN) to include with their application.
5. Review and Issuance: The ISP reviews the application and conducts background checks. If no objections are raised by law enforcement agencies (which have 30 days to object based on reasonable suspicion that the applicant poses a danger), and all requirements are met, the license is typically issued within 90 days (120 days without fingerprints). The CCL is valid for five years.

Licensee Responsibilities

Illinois CCL holders have specific responsibilities when carrying a concealed firearm:

• License Possession: The licensee must possess their CCL at all times while carrying a concealed firearm, unless on their own land, in their abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person with their permission.
• Disclosure to Law Enforcement: Upon the request of a law enforcement officer during a traffic stop or investigative stop, the licensee must disclose that they are in possession of a concealed firearm, present their CCL, and identify the location of the firearm.
• No Impairment: Licensees are not allowed to carry a concealed firearm while under the influence of alcohol, drugs (both legal and illegal), or any combination of drugs and alcohol.

Reciprocity with Other States

Illinois has strict rules regarding reciprocity with other states’ concealed carry permits. Generally, Illinois does not honor concealed carry permits from other states. This means that an individual with a valid concealed carry permit from another state may not lawfully carry a concealed handgun on their person in Illinois unless they obtain an Illinois CCL.

However, non-residents with an out-of-state CCL are permitted to transport a weapon through Illinois within a vehicle, provided the weapon remains within the vehicle and out of plain sight. If the vehicle is unattended, the firearm must be stored in a locked vehicle or locked container within the vehicle.

Non-residents who wish to carry a concealed firearm on their person must apply for and be issued an Illinois concealed carry license, which requires meeting the same requirements as Illinois residents, and the laws of their home state regarding firearm ownership, possession, and carrying must be “substantially similar” to Illinois’ requirements.

There are Certain Places You Cannot Carry a Concealed Weapon

Even though you are permitted to carry a concealed weapon once you have received your CCL, there are still certain places that you are prohibited from carrying a concealed weapon by Illinois law, including:

• Schools, colleges, universities, and child-care facilities
• City, county, and state government offices and related facilities
• Hospitals and nursing homes
• Public transportation and their related facilities
• Bars and other establishments that mostly serve alcohol
• Public playgrounds and parks
• Casinos and racetracks
• Stadiums and other facilities used for sporting events
• Public libraries, amusement parks, zoos and museums
• Areas where firearms are prohibited under federal law
• Businesses and other properties that have “no firearms” signs posted

A Will County Weapons Charges Defense Attorney has the Knowledge You Need for Your Case

Any weapons charges you may be facing are serious; there is no such thing as a small weapons charge, especially when it comes to carrying a concealed weapon. At the Fotopoulos Law Office, we understand the gravity of weapons charges and will fight to protect your future. With more than 15 years of experience defending clients from various criminal charges, our skilled Joliet, IL, weapons charges defense lawyer can help you with your case. To schedule a free consultation, call us today at 708-942-8400.

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