Illinois Gun Laws / Motorcyclist

Concealed Carry / Carrying a Concealed Weapon (CCW)  ISP Admin Rules [Source]

  • Be 21 or older.
  • Have a valid Firearm Owners Identification card.
  • Successfully complete 16 hours of approved firearms training.
  • Not have been convicted of a misdemeanor involving the use or threat of force or violence or have two or more violations related to driving under the influence of alcohol or drugs in the past five years.
  • Not have been in residential or court-ordered drug or alcohol treatment in the past five years.
  • Not have a pending arrest warrant, prosecution or proceeding for an offense that could disqualify them.
  • Submit a completed application.
  • The law allows concealed handguns. Stun guns, Tasers, shotguns or machine guns — as defined by state law — are not allowed.
  • A list of approved firearms instructors and courses is on the Illinois State Police website, at Illinois SP .
  • For Illinois residents, the fee to apply is $150 for five years. For out-of-state residents, $300 for five years.
  • The state will not allow so-called “open carry” under the new law. Handguns must be concealed from public view.
  • The law bans concealed carry in places such as schools, child-care facilities, courthouses, public transportation, college and professional sports stadiums and in any establishment where alcohol sales make up more than 50 percent of the business’s receipts.
  • The Illinois State Police have 180 days to set up the process for granting permits and begin accepting applications. Once an application has been received, the ISP has 90 days to grant a license. Any law enforcement agency in the state has 30 days once an application has been received to file an objection. The ISP has 60 days to begin the process of licensing firearms instructors and approving training courses. They have set up a website with all of the information needed, and will continue to update it as more information becomes available. In the meantime, gun owners cannot carry until they have obtained a permit, even if they already have a FOID card. Any gun owner caught carrying a firearm without a valid CCW permit will be arrested and prosecuted under the old laws. Current statutory code states that carrying a concealed weapon will result in a Class 3 or 4 felony, depending upon location.
  • Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearms or firearm ammunition within the state must have in their possession a currently valid Firearm Owner’s Identification (FOID) card issued in his or her name.
    Answers provided to the following questions are meant only to give general guidance regarding transporting firearms and ammunition. The answers do not and are not meant to replace statutory language. 430 ILCS 65.
The law stipulates that concealed carry will be allowed in restaurants as long as alcohol sales make up less than 50% of all sales. As the law is written there are already numerous places that carrying will not be allowed, including any government property, schools, mass transit, and large gatherings. These places will not be compelled to display signage denoting they are “gun free zones” unless they chose to do so.

Read more: Illinois Concealed Carry Finally Passed http://www.usacarry.com/illinois-concealed-carry/
 Gun owners who want to obtain a CCW permit must be at least 21 years old, already have a Firearms Owner Identification Card, undergo rigorous criminal and mental background checks, successfully complete 16 hours of training in the classroom and on a range, and pay a $150 fee for a 5-year permit. Any convictions or guilty pleas for misdemeanors of a violent nature will disqualify an applicant, as will a history of drug or alcohol related vehicular offences. Any person who has been adjudicated as mentally deficient, or has been treated for drug or alcohol addiction within the last 5 years will also be disqualified. The bill would require all law enforcement and health organizations to report anyone who has been deemed mentally ill to the State Police.

Read more: Illinois Concealed Carry Finally Passed http://www.usacarry.com/illinois-concealed-carry/
 Gun owners who want to obtain a CCW permit must be at least 21 years old, already have a Firearms Owner Identification Card, undergo rigorous criminal and mental background checks, successfully complete 16 hours of training in the classroom and on a range, and pay a $150 fee for a 5-year permit. Any convictions or guilty pleas for misdemeanors of a violent nature will disqualify an applicant, as will a history of drug or alcohol related vehicular offences. Any person who has been adjudicated as mentally deficient, or has been treated for drug or alcohol addiction within the last 5 years will also be disqualified. The bill would require all law enforcement and health organizations to report anyone who has been deemed mentally ill to the State Police.

Read more: Illinois Concealed Carry Finally Passed http://www.usacarry.com/illinois-concealed-carry/Owner License Required

 

 

 

ILLINOIS RESIDENT PERMIT HONORED IN THE FOLLOWING STATES
Alabama, Alaska, Arizona, Arkansas, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, South Dakota, Tennessee, Utah, Vermont, Wisconsin.

ILLINOIS NON-RESIDENT PERMIT HONORED IN THE FOLLOWING STATES
Alabama, Alaska, Arizona, Arkansas, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, South Dakota, Tennessee, Utah, Vermont, Wisconsin.

ILLINOIS DOESN'T HONOR ANY OTHER STATES PERMITS/LICENSES
There is no reciprocity with any other state’s concealed carry permits. As such, any person who is not a resident of Illinois that wishes to carry concealed in the state will have to go through all of the same process as state residents and pay $300 for a 5-year permit.There is no reciprocity with any other state’s concealed carry permits. As such, any person who is not a resident of Illinois that wishes to carry concealed in the state will have to go through all of the same process as state residents and pay $300 for a 5-year permit.

ILLINOIS CASTLE DOCTRINE LAW (YES) 720 ILCS [Source]
Motorcyclist the State of Illinois allows for justifiable force to be used in the protection of ones self or dwelling. Always check self defense law specifics in states that have them.  Stand you’re Ground Laws typically remove the duty to retreat through judicial interpretation of that states self defense laws when defending yourself against imminent threats prior to the use of deadly force. The Castle Doctrine or Habitation Defense Laws apply only to home or other real property.  Then there are the Duty to Retreat Laws that is in several states.  This simply means if you can escape harm or death use of deadly force is not allowed unless you are facing serious harm, cornered or held down. 

(IL) ILLINOIS CARRY RECIPROCITY
Illinois does not have an explicit reciprocity statute and restricts the possession of a firearm by law, however Illinois will recognize a nonresident’s right to carry a firearm in some circumstances. No person may acquire or possess any firearm … within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. … (5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;… (7) Nonresidents while on a firing or shooting range recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case; (8) Nonresidents while at a firearm showing or display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case; (9) Nonresidents whose firearms are unloaded and enclosed in a case; (10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state; … (13) Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner’s Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources.

"OPT-OUT" STATES (Gun-Free -Zones)
Motorcyclist passing through Arizona, Arkansas, Connecticut, Illinois, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wisconsin must be aware these are considered “OPT OUT” States. The law is these states allow businesses to post a sign, (signage that meets state law) prohibiting concealed carry on said premises. Business owners also have a verbal right to alert you to their wishes while in their place of business.  Obviously you can be subject to varying levels of criminal prosecution depending on individual state laws if you choose to violate the said request.

RESTRICTED AREAS Signage[Source}
Motorcyclist possessing a concealed carry permit allows the permit holder to carry a concealed weapon in public. State law, however; {can|may| restrict carry of a firearm including a permitted concealed weapon while in or on certain properties, facilities or types of businesses that are otherwise open to the public such as schools that are protected by the Federal Gun Free School Zones Act. These areas vary by State and may be questionable at times but shouldn't be by Motorcyclist must be aware of.  These are and not limited to Federal government Facilities, State Government Facilities, Educational Institutions, Hospitals, Mass Transit and the list does go on.  Need specific information: 18 U.S. Code § 930

NATIONAL PARK CARRY NPS Organic Act [Source]
Motorcyclist traveling through National Parks should know that on May 22, 2009, President Barack Obama signed H.R. 627 [Source], the "Credit Card Accountability Responsibility and Disclosure Act of 2009," into law. The bill contained an amendment introduced by Senator Tom Coburn (R-OK) that prohibits the Secretary of the Interior from enacting or enforcing any regulations that restrict possession of firearms in National Parks or Wildlife Refuges, as long as the person complies with laws of the state in which the unit is found.  This provision was supported by the National Rifle Association and opposed by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association, and the Coalition of National Park Service Retirees, among other organizations.  As of February 2010 concealed handguns are for the first time legal in all but 3 of the nation's 391 national parks and wildlife refuges so long as all applicable federal, state, and local regulations are adhered to.  Hawaii is a notable exception. Concealed and open carry are both not legal in Hawaii unless you are a retired military or law enforcement. Previously firearms were allowed into parks non-concealed and unloaded.

Motorcyclist may travel through any national park with possession of a firearm as long as the possession is compliant with the laws of the State in which the national park area is located. Keep in mind Federal Statute 18 USC 930 [Source] prohibits firearms or other dangerous weapons within a Federal facility. In national parks, such facilities may include visitor centers, administrative offices, and/or maintenance buildings. Any such facilities will be clearly marked with signs at all public entrances. For more information about national parks, and park-specific regulations, visit http://www.nps.gov/findapark/index.htm and search by park name, location (state), activity, or topic.

PENALTIES FOR CARRYING ILLEGALLY Title 18 §921 Chap 44 [Source]
Motorcyclist it is important for license holders to understand that when you are traveling in or through another state, the license holder is subject to the firearm laws of the state. In the United States no convicted felon can purchase, transfer, or otherwise be in the possession of any firearm.  Illegally concealing a handgun is a felony in many states therefore conviction of such a crime would automatically result in the forfeiture of a citizen's gun rights for life nationwide.  Additional state penalties for unlawful carry of a concealed firearm can be severe with punishments including expensive fines, extended jail time, loss of voting rights, and even passport cancelation.  A federal penalty of ten years in prison has been enacted for those found to be in possession of either firearms or ammunition while subject to a protection or restraining order.

ILLINOIS MOTORCYCLE GUN TRANSPORT LAWS
How can I legally transport my firearm in my Sports Utility Vehicle (SUV), pickup truck, van, station wagon, or even a MOTORCYCLE?

The surest way is to have the firearm unloaded and enclosed in a case, and to make sure your FOID card is valid.
How can I legally transport a firearm on my person or in my vehicle? (see below)
Three statutory codes regulate the possession, transfer, and transportation of firearms —the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act. Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal Code. The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any vehicle be unloaded and in a case.
Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card. Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she carries or possesses a firearm contrary to the aggravated UUW law of the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) AND one or more of the following aggravating factors apply:
(1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
(2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense;
(3) Does not have a valid FOID card;
(4) Was previously adjudicated of a Felony as a juvenile;
(5) Was engaged in a Misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;
(6) Is a member of a street gang;
(7) Has had an order of protection against them in the last two years;
(8) Was engaged in the commission or attempted commission of a Misdemeanor involving the use of violence against another person or the property of another; or
(9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities under the Wildlife Code.

 

 

 

What constitutes a legal “case”? ISP FAQ's [Source]
The Criminal Code refers to “a case, firearm carrying box, shipping box, or other container.” However, the Wildlife Code is more specific, defining case as “a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed.”
How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?
It is highly recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code, but would not be considered Unlawful Use of Weapons if the container were a “firearm carrying box, shipping box, or other container” as provided in the Criminal Code.
If I fail to zip up the case entirely, will I be guilty of a felony?
No, as long as the firearm is unloaded, and none of the aggravating factors of the Unlawful Use of Weapons law are present. The way to avoid this situation is to make sure firearm cases are completely zipped or otherwise completely fastened shut.
What is immediately accessible?
The test is if a reasonable person would conclude that the firearm is located within relatively quick reach. It is a Class 4 Felony to
have an uncased, loaded firearm immediately accessible. It is recommended that firearms be unloaded and enclosed in a case, and possessed by an individual with a valid FOID card when being transported.
What is broken down in a non-functioning state?
The firearm is disassembled, making it inoperable, e.g., slide or barrel removed.
Does a firearm have to be broken down to be legal?
No. However, it is recommended that to transport a firearm it be unloaded and encased, and possessed by the holder of a valid FOID card.
How can I legally transport my firearm in my Sports Utility Vehicle (SUV), pickup truck, van, station wagon, or even a MOTORCYCLE?
The surest way is to have the firearm unloaded and enclosed in a case, and to make sure your FOID card is valid.
How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or handguns?
Illinois’ Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances.  Federal law does attempt to provide limited protection in these circumstances, but when transporting firearms in unfamiliar communities, it is a good idea to check with authorities on local law.
If a nonresident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?
Nonresidents must comply with the gun case law as described above. Additionally, the firearm must not be immediately accessible or must be broken down in a non-functioning state.
What if I leave a firearm in my vehicle (regardless of location) and a family member, without a valid FOID card, is driving the vehicle without me and is stopped by police and the firearm is found?
The law states a person must “knowingly” violate the law. The assumption in the question is that the family member was unaware of a firearm’s presence. However, at a traffic stop, you should expect the officer to handle the situation at face value, take
enforcement action accordingly, and let the court settle the matter. Depending on the situation, the charge could be a Class 4 Felony. Don’t put a family member in that position.
How can I legally transport ammunition?
Illinois law requires that residents possessing ammunition must have a valid FOID card. Transporting an unloaded, uncased firearm with ammunition immediately accessible is a Class 4 Felony, unless the firearm is not immediately accessible or is broken down in a non-functioning state. The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully.
Is it illegal to have ammunition in the case with the firearm?
No, if the firearm is unloaded and is properly enclosed in a case and the individual possessing the firearm and ammunition is in
possession of a valid FOID card.
Can I transport a firearm in a gun rack in the back window of my truck?
Yes, if the firearm is unloaded and encased, and you are a resident with a valid FOID card. One thing to consider — a gun displayed in a window could invite theft.
Can I keep a firearm in my hotel room when I travel?
Yes, assuming no local ordinance applies. The critical question is how the firearm was carried into the room and transported in a vehicle. Those actions must be done lawfully. I have a friend/relative who has a “conceal and carry” permit issued in the state in which they reside.
Is the permit recognized in Illinois?
No. Nonresidents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the nonresident plans to bring a firearm into the state.
What constitutes “unloaded” for a muzzleloading firearm?
(17 Ill. Admin. Code, Ch. I, Sec 660.30 - 5) provides a definition for an unloaded muzzleloading firearm as follows: Removal of percussion cap or removal of prime powder from frizzen pan with frizzen pan open and hammer all the way down or removal of prime powder from flashpan and wheel un-wound or removal of prime powder and match with match not lit shall constitute an unloaded muzzleloading
firearm.
Firearms Owners Identification Card (FOID Card)
The FOID card was created in 1968, by the FOID Act, as a way to identify those persons eligible to possess and acquire firearms and firearm ammunition as part of a public safety initiative in the State of Illinois.
Q. Who needs a FOID card?
A. Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or
firearm ammunition within the State must have in their possession a valid Firearm Owner's
Identification (FOID) card issued in his or her name.
Q. Where can I obtain a FOID application?
A. A FOID application can be downloaded from the Illinois State Police website at http://www.isp.state.il.us/foid/foidapp.cfm or applications may be obtained at most retail stores where firearms are sold.
How to Apply for A Permit Illinois does not issue any type of Permit/License to carry a firearm concealed.

 

 

 

THE FOLLOWING STATES SHALL ISSUE TO RESIDENTS ONLY LAW:
Alabama, Alaska, Arkansas, Colorado, Georgia, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, Wyoming
THE FOLLOWING STATES SHALL ISSUE TO RESIDENTS AND NON-RESIDENTS LAW:
Arizona, Florida, Idaho, Illinois, Indiana, Iowa, Maine, Minnesota, Nevada, New Hampshire, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington
THE FOLLOWING STATES MAY ISSUE TO RESIDENTS ONLY LAW:
California, Delaware, Hawaii, New York City
THE FOLLOWING STATES MAY ISSUE TO RESIDENTS AND NON- RESIDENTS LAW:
Connecticut, Maryland, Massachusetts, New Jersey, New York
NOTE: Concealed Carry Right Denied in (DC) District of Columbia

ILLINOIS STATE POLICE
 217-524-2525
ISP FOID OFFICE
 217-782-7980

Illinois SP
DEPARTMENT OF NATURAL RESOURCES
217-782-6431

 Illinois DNR

BIKERZWORLD.COM offers State of Illinois Gun Laws to inform Motorcyclists traveling in state, cross state and internationally through Illinois Gun Laws that have the best chance of being enforced by State and Local Authorities such as Illinois Concealed Carry and Illinois Legal Gun Transportation The above information shouldn't be construed as a complete list of all the State of Illinois Gun Laws as they are reviewed annually and are subject to addition or modification.  If you have been charged with the illegal possession of a gun, or have been accused of a firearms-related crime  in this state seek advice from an Illinois Criminal Defense Attorney specializing in Illinois Gun Laws and Illinois Motorcyclist Rights.