Are Guns Banned in Chicago? FOID, Concealed Carry, and Penalties

Guns are not banned in Chicago. The city’s decades-old handgun ban was struck down by the U.S. Supreme Court in 2010, and Chicago residents can now legally own handguns, rifles, and shotguns under the same rules that apply throughout Illinois. Those rules are strict: you need a state-issued card just to possess a firearm or ammunition, a separate license to carry one concealed, and the state bans a long list of firearms, magazines, and accessories outright.

How the Chicago Handgun Ban Ended

Chicago made handgun possession illegal within city limits in 1982. That ended with McDonald v. City of Chicago, decided by the U.S. Supreme Court in 2010. The Court held that the Second Amendment applies to state and local governments through the Fourteenth Amendment’s Due Process Clause, at least for traditional lawful purposes like self-defense. Chicago’s blanket ban could not survive, and the city repealed it.¹

There is no separate Chicago gun permit or municipal firearms registry. If you comply with Illinois law, you can legally own and possess firearms in the city.

The FOID Card Is the Baseline

Every Illinois resident who wants to own a firearm or even keep ammunition in the house needs a Firearm Owner’s Identification card, issued by the Illinois State Police. Without one, possession is illegal.²

You must be at least 21 to apply on your own. Applicants under 21 need a parent or legal guardian who qualifies for a FOID card to sponsor the application. You’ll need a valid Illinois driver’s license or state ID, a head-and-shoulders photo taken within the last 30 days, and a $10 fee.²

You cannot get a FOID card if any of the following apply:

A felony conviction under Illinois law or any other jurisdiction.
Inpatient mental health treatment within the past five years.
Addiction to or illegal use of a controlled substance within the past year.
An active order of protection or no-contact order against you.
Any domestic battery conviction, felony or misdemeanor.
A conviction within the past five years for battery, assault, or a similar offense involving a firearm.

The state cross-checks applicants against criminal history databases, mental health records, and other state and federal files.²

Buying a Gun: Private Sales Go Through a Dealer

Illinois does not allow casual private handgun sales. When two people who aren’t federally licensed dealers want to transfer a handgun, the transaction has to take place at the business location of a federally licensed firearms dealer, who runs a background check on the buyer through the Illinois State Police. That check searches criminal records, mental health files, and the FBI’s National Instant Criminal Background Check System. The dealer can charge up to $10 per firearm.³

Certain transfers between family members are exempt. At gun shows, the seller must request a background check directly from the Illinois State Police before completing the sale. In every case, the buyer must show a valid FOID card, and an approved background check is good for 30 days.³

What You Can’t Own in Illinois

The Protect Illinois Communities Act (PICA), enacted in January 2023, bans the sale and distribution of firearms classified as assault weapons, high-capacity magazines, and rapid-fire devices such as switches. Illinois is one of a small number of states with an active assault weapons ban.⁴

Under PICA, magazines holding more than 10 rounds for long guns or more than 15 rounds for handguns are illegal to buy, sell, or possess, with limited exceptions. The law also covers .50 caliber rifles and cartridges, along with attachments that convert a standard firearm into one meeting the assault weapon definition.⁴

People who already owned restricted items before PICA could keep them under a grandfather clause, but only if they registered each item with the Illinois State Police by January 1, 2024. That deadline has passed. Continued possession of an unregistered restricted firearm now carries felony charges.⁴

Ghost Guns

Illinois also prohibits unserialized firearms. Since November 2022, it has been illegal to possess, transport, or purchase a firearm without a serial number, and the ban extends to unfinished frames or receivers that could be built into a working firearm. The window to have a licensed dealer imprint and record a serial number on an existing unserialized firearm has closed.

Concealed Carry Is a Separate License

Owning a firearm and carrying one concealed in public are two different things. Illinois requires a Concealed Carry License (CCL) for the latter. You must be at least 21 and complete a 16-hour firearms training course approved by the Illinois State Police, covering safety, marksmanship, and the legal rules on when and where you can carry.⁵

The CCL allows you to carry a loaded or unloaded handgun concealed on your person or inside a vehicle. It does not authorize open carry, and it doesn’t cover long guns.

Out-of-State Permits

Illinois does not broadly recognize other states’ concealed carry permits. Non-residents can apply for an Illinois CCL only if their home state’s firearm laws are deemed “substantially similar” to Illinois requirements. The list of qualifying states is maintained by the Illinois State Police and changes over time.⁵

If a Police Officer Stops You

You must tell an officer you’re carrying when asked, and be ready to present your CCL and identify where the firearm is. The officer can temporarily secure the weapon during the stop. Passengers carrying under a CCL have the same duty to inform, not just the driver.

Places Where You Still Can’t Carry

Even with a valid FOID card and CCL, many locations in Chicago are off-limits:

Public and private elementary and secondary schools, preschools, and child care facilities, including the school grounds.
Buildings controlled by the executive or legislative branches of state government, courthouses, and buildings controlled by the state Supreme Court.
Jails, prisons, and juvenile detention centers.
Buses, trains, and any facility operated by a public transit agency.
Public parks, playgrounds, and athletic facilities run by a municipality or park district.
Bars where more than 50 percent of gross receipts over the prior three months came from alcohol sales.

Private property owners can also prohibit firearms by posting signage at entrances. In a dense city with public transit, parks, and government buildings on most blocks, these restrictions cut deeply into where a CCL holder can actually carry.

Storing a Firearm in Your Vehicle

You don’t have to leave the gun home if your destination is off-limits. A CCL holder can drive onto the parking lot of a prohibited location with a concealed firearm and store it in the vehicle before going inside. The firearm must be in a case, out of plain view, in a locked vehicle or locked container. A glove compartment or console that fully encloses the firearm counts as a case, and so does the trunk.⁶

Transporting a Firearm Without a CCL

If you don’t have a CCL, the transport rules are strict. The firearm must be unloaded and enclosed in a case, broken down into a non-functioning state, or otherwise not immediately accessible, and you must have your FOID card. “Case” means something that fully encloses the firearm. A rifle sticking out of an unzipped bag doesn’t qualify.⁶

Non-residents driving through Illinois must follow the same rules. If you leave the vehicle unattended, the firearm must be concealed in a case inside the locked vehicle or in a locked container, out of plain view.⁶

Firearm Restraining Orders

Illinois has a red flag law. A Firearm Restraining Order (FRO) lets a judge temporarily bar someone from possessing or buying firearms. An emergency order can last up to 14 days if there is probable cause the person poses an immediate danger to themselves or others. A full hearing is scheduled during that window, and if the petitioner proves by clear and convincing evidence that the person poses a significant danger, the court can extend the order for six months to one year. Judges weigh threats of violence, substance abuse, prior felony arrests, domestic violence history, and reckless firearm use.⁷

Penalties for the Common Violations

Illinois firearm penalties escalate quickly. The offenses that catch people most often:

Possessing a firearm or ammunition without a valid FOID card is generally a Class A misdemeanor, punishable by up to a year in jail. Repeat offenses or aggravating circumstances can push it to a felony.
Possessing an assault weapon or.50 caliber rifle that wasn’t registered by the January 1, 2024 deadline is a Class 3 felony for a first offense, and a Class 2 felony for a second offense or for possession of two or more restricted weapons at once.⁸
Possessing a magazine that holds more than 10 rounds follows the same penalty structure: Class 3 felony for a first violation, Class 2 for subsequent violations or possession of multiple devices.⁸
Possessing a switch or similar rapid-fire device is a Class 2 felony, three to seven years. If the weapon is loaded and on your person or in a vehicle’s passenger compartment, it becomes a Class X felony.⁸

A Class 3 felony in Illinois carries two to five years in prison. A Class 2 felony carries three to seven. A Class X felony, the most serious non-murder classification, starts at six years and can reach 30. Cook County prosecutors actively pursue these charges.

1
Justia U.S. Supreme Court. McDonald v. City of Chicago, 561 U.S. 742 (2010)
2
Illinois State Police. Firearm Owner’s Identification (FOID)
3
Illinois General Assembly. Firearm Owners Identification Card Act Amendments (SB2026)
4
Illinois State Police. Assault Weapons
5
Illinois State Police. Concealed Carry License
6
Illinois State Police. Transporting Your Firearm
7
Illinois Attorney General. Firearms Restraining Order Brochure
8
Illinois General Assembly. HB5855 – Protect Illinois Communities Act