The laws of Illinois's arms regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
To possess firearms or ammunition by law, Illinois residents must have an Identity Ownership Card (FOID) card, issued by the Illinois State Police to qualified applicants. Non-residents who have legally firearms in their home country are exempt from this requirement.
The state police issue licenses to bring hidden pistols to qualified applicants aged 21 or over who pass the 16 hour training course. However, any law enforcement agency may object to a person licensed "on the basis of reasonable suspicion that the applicant is a danger to himself or others, or a threat to public safety". Objections are considered by the Hidden Carry License Review Board, which decides whether or not a license will be issued, based on "more evidence". Licenses issued by other countries are not recognized, except for being carried in a vehicle. Open carries are prohibited in most areas. When firearms are being transported by someone without permission to carry the concealed, the weapon must be dismantled and closed in a case, or broken down in a non-functional state, or not immediately accessible.
There is a waiting period to take ownership after purchasing a firearm - 72 hours for a pistol, or 24 hours for a rifle or a shotgun. For personal sales, the seller must verify the buyer's FOID card, and record sales for at least 10 years. Weapons lost or stolen must be reported to the police. Ownership of automatic firearms, short barrel rifles, or suppressors is prohibited. The possession of short barrel rifles is permitted only for those who have the Curios license and the ATF Relics or members of the military reenactment group. The state does not limit the sale or possession of firearms that have been defined as attacking weapons, or magazines that can store more than a certain amount of ammunition, but some local jurisdictions do not limit them.
Illinois has a state preemption for several weapons laws, which override home rule guidelines in such cases. Some local governments impose stricter procedures than state regulations in areas not covered by state preemptions.
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In order to legally possess or purchase firearms or ammunition, the inhabitants of Illinois must have an Identity Ownership Card (FOID), issued by the Illinois State Police. The police must issue a FOID card for qualified applicants. An applicant is disqualified if he has been convicted of a crime or acts of domestic violence, is the subject of a protection order, has been convicted of an attack or battery or has been a patient in a mental institution in the last five years, has been terminated as mentally disabled, or illegal immigrant. Applicants under the age of 21 must have written consent from a parent or legal guardian who also can legally own firearms.
When firearms are sold or transferred, buyers are required to show their FOID cards. This applies to personal sales between individuals as well as sales by Federal Firearms license holders (FFL). For the sale of firearms by FFL holders, or at gun shows, the seller must perform an automatic dial-up check with the State Police, to verify that the FOID card is valid, and to repeat the buyer's background check. This additional check is known as the Firearm Transfer Question Program (FTIP). For personal sales not at gun shows, the seller must also verify the buyer's FOID card with the state police, and receive the transfer approval number either through the website or by phone call.
Buyers must also show their FOID card when purchasing ammunition.
In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents allowed to have firearms in their home country were not required to have an Illinois FOID card. Non-Illinois residents are not eligible for FOID cards, but the FOID law makes provisions for applicants employed in Illinois as law enforcement officers, armed security officers, or by the US military.
FOID cards do not allow carrying hidden firearms, but having a FOID card is a prerequisite for obtaining a hidden carry license.
Hidden and open bring
The Illinois State Police Department issued a license to bring a hidden pistol to applicants who meet the age of 21 or more who passed a 16-hour training course. Illinois law says that state police "will issue" licenses to qualified applicants. However, any law enforcement agency may object to a person licensed "on the basis of reasonable suspicion that the applicant is a danger to himself or others, or a threat to public safety". Objections are considered by the Hidden Carry License Review Board, which decides whether or not a license will be issued, based on "more evidence". Under the revised rule implemented in July 2014, the Review Board notifies the applicant by letter on the basis of an objection and identifies the agent who brought it.
To apply for the license, the applicant must have a certificate of required training, valid driver's license or country ID card, valid FOID card, head and shoulder photo taken in the last 30 days, ten years of documented residency, fingerprint (optional, but sending printed apps increases the processing time from 90 to 120 days), and application costs.
License costs $ 150 for residents or $ 300 for non-residents, and is valid for five years. An Illinois resident is defined as someone who qualifies for an Illinois driver's license or a state identity card due to the formation of a primary domicile in Illinois. A non-resident is a person who has not lived in Illinois for more than 30 days and lives in another state or territory.
Non-residents may apply if their country is on the list of countries with laws relating to possession of firearms, possession, and carrying, which are "very similar" to the requirements for obtaining a lead license in Illinois. The non-resident applicant must also have a permit or permit from the country of residence, if applicable. Prior to February 2017, Illinois State Police only considered Hawaii, New Mexico, South Carolina, and Virginia to qualify as very similar. In February 2017, a list of substantially similar states changed to Arkansas, Mississippi, Texas, and Virginia. Illinois conceals license holders carrying from three countries removed from the list of countries approved to receive a letter stating that their Illinois license is no longer valid.
Hidden concealment licenses or licenses issued by other countries are not recognized, except that non-residents who have a carrying license or license from their home country may carry a vehicle while traveling through Illinois.
Hidden cars are prohibited on public transport, in a bar or restaurant that gets more than half of their income from alcohol sales, at public meetings or special events requiring permission (eg a street show or festival), in a place where alcohol is sold for events specifically, and on private property where the owner has chosen not to allow it (and, unless the property is a private residence, has the appropriate mark). Hidden carries are also not allowed in schools, colleges or universities, preschools or childcare facilities, government buildings, courthouses, prisons, prisons, detention facilities, hospitals, playgrounds, parks, Cook County Forest Reserve areas, stadiums or arenas for lectures or sports professionals, amusement parks, river boat casinos, off-track betting facilities, libraries, zoos, museums, airports, nuclear facilities, or places where firearms are banned under federal law. However, license holders carrying concealed ones in the parking lot from forbidden locations (except nuclear facilities) are allowed to carry hidden firearms while they are in their vehicles, and to keep their weapons locked in their vehicles and out of the ordinary view. On February 1, 2018, the Illinois Supreme Court unanimously ruled that a state ban on possession of firearms within 1,000 feet of public parks was unconstitutional.
When the licensee carries a hidden pistol, and is asked by the police officer if they bring in, there is an obligation to inform the officer that they exist. This can be done with verbal replies, or by showing their hidden gun license.
In accordance with federal law, persons who have been convicted of serious crimes, or domestic violence crimes, are not eligible to receive a concealed carry license. In Illinois people who, in the past five years, have been convicted of minor offenses involving the use of force or violence, or received two convictions for driving under the influence of alcohol or drugs, or being at home or a court ordering treatment for a substance abuse, also not eligible to receive a license. There are other conditions that make the applicant unqualified under state law, including having been a patient in a mental health facility in the last five years.
In accordance with the Federal Law Enforcement Safety Law, unattended police officers and eligible retirees each year under state guidance are permitted to conceal.
Open carrying firearms is generally illegal, except when hunting, or in a fixed place of business with the owner's permission, or in someone's residence.
When a firearm is being transported, it must be (a) disassembled and put into a box, gun carrier box, shipping box, or other container; or (b) damaged in a non-functioning state; or (c) not immediately accessible; d) carried or owned in accordance with the Hidden Firearms Act Carried by a person with a valid legal license.
Historical country ban from hidden carry
Illinois is the last country to pass a law to allow firearms to be kept secret by citizens. The original prohibition of handheld weapons was enacted in 1949, with the latest revision of the ban enacted in 1962. The existing law prohibits concealed carrying, and is generally prohibited from bringing it open, except in areas that have enacted regulations that allow open carry. On December 11, 2012, a panel of three judges of the US Seventh Circuit Court, in the case of Moore v. Madigan , decided that the prohibition of carrying Illinois's secrets was unconstitutional, and gave the country 180 days to change its laws. Furthermore, the court granted a 30 day extension of the deadline. On July 9, 2013, Illinois passed the Hidden Firearms Law, which established a system for issuing concealed concealed licenses. On September 12, 2013, the Illinois Supreme Court, in the case of People v. Aguilar , also ruled that unauthorized use of the Legal Weapon Law Law, wholly forbidden to conceal, is unconstitutional. On January 5, 2014, state police began accepting licensing applications to carry hidden pistols. On February 28, 2014, state police announced they had begun issuing a concealed carry license.
Other state laws
Article 1 article 22 of the Illinois Constitution states, "Only subject to police authority, the right of every citizen to guard and hold arms shall not be violated."
When buying a gun in Illinois there is a waiting time of 72 hours after sale before the buyer can take ownership. The waiting period for a rifle or rifle is 24 hours.
When firearms are sold by licensed dealers, the seller is required to provide a rifle lock, unless the firearm itself includes an integrated locking mechanism.
For personal sales, the seller must keep the transfer records for at least 10 years.
Weapons lost or stolen must be reported to the police within 72 hours.
An arms owner may be charged with a crime if a minor under the age of 14 get access to their weapon when it is unsafe (unlocked in a box or secured with a trigger lock) and cause death or major physical damage.
Regarding the weapons of Title II, possession of automatic firearms (such as machine guns), short barrel rifles, and suppressors are prohibited. Short barrel gun ownership is permitted for ATF Curios and Relics license holders, or, if historically accurate rifles have an overall length of at least 26 inches, for members of bona fide military groups. Despite having a large bore-drill destroyer itself is not prohibited, the ownership of an artillery projectile, shell or grenade with more than 1/4 ounces of explosive is prohibited. No restrictions on non-sporting rifles (such as the Armsel Striker) are considered destructive devices by ATF, nor is there one for AOW (Other Weapons). There is a special ban on the possession of firearms designed to emerge as a cordless phone.
In Illinois, a muzzleloader and a black powder rifle are considered firearms.
Air rifles larger than.18 caliber and having a muzzle of more than 700 feet per second are also set up as firearms.
Illinois has no basic law, but there is no obligation to withdraw. The use of force is justified when one reasonably believes that it is necessary "to prevent an imminent death or great bodily harm to himself or others, or to the order of forced crime." There are some additional protections for defense against unlawful entries into a dwelling.
Illinois has no "red flag" law that will allow judges to issue extreme risk protection orders and temporarily confiscate a person's weapons. However, if a qualified medical examiner, law enforcement officer, or school administrator determines that the mental state of the weapon owner makes them "a clear and existing danger" for themselves or others, they should report this to the Illinois State Police ( ISP) within 24 hours. The ISP can then revoke a person's Identity Identity Identity (FOID) card, making them ineligible to have firearms legally.
Local law
Illinois has state statements on firearms laws for "regulation, licensing, possession, and registration of pistols and ammunition for pistols, and the transport of firearms and ammunition". There are also state preemptions for "ownership rules and possession of weapons of assault", except for laws enacted before July 20, 2013, of which entry. In other areas of the arms law, some local governments have passed a more restrictive ordinance than the state.
Chicago has banned the possession of certain semi-automatic firearms which it designates as an assault weapon. Chicago citizens must "promptly" report a stolen or lost firearm, and must report a gun transfer within 48 hours of the transfer. In a house where a person younger than 18 years is present, all weapons must be secured with a trigger key, or kept in a locked container, or secured to the legal owner's body.
Chicago previously banned the sale of firearms within city limits, but on January 6, 2014, a federal judge ruled that this was unconstitutional. The judge granted the city's request for six months to issue a new law governing the weapon shop. On June 25, 2014, the city council passed a new law, allowing weapons stores but restricting them to certain areas of the city, requiring all arms sales to be recorded, and restricting buyers to one weapon per 30-day period. Store owners should keep their records available to the police, and employees should be trained to identify possible hay buyers. With the passing of the gun shop rules, Chicago also struck a previous ban on ammunition transfers. On January 18, 2017, a federal appeals court ruled that the city's revised firearms law was unconstitutional.
Cook County has banned the possession of certain semi-automatic firearms that have been defined as assault weapons. Citizens must report to the county sheriff within 48 hours of each firearm stolen, lost, destroyed, or sold or transferred. The sheriff may share this information with other law enforcement agencies. A licensed firearms dealer should inform the state of the buyer and the weapon they are purchasing, and receive approval before making a sale. One can not buy more than one firearm within a period of 30 days. In a house where a younger person of 21 is present, all weapons must be secured with a trigger key, or stored unloaded in a locked container separate from ammunition, or secured to the legal owner's body. In Cook County, local law, like the law in Chicago, takes precedence over local laws governing similar matters. Cook County imposed a twenty-five dollar tax on the sale of any firearms by a retail dealer, in addition to the ordinary area sales tax. The county also has a tax on ammunition sales - five cents per round for centerfire ammunition and one cent per round for rimfire ammunition.
The possession of firearms that have been defined as a weapon of attack are also illegal in Lincolnwood, Skokie, Evanston, Highland Park, North Chicago, Melrose Park, Riverdale, Dolton, Hazel Crest, Homewood, and parts of Buffalo Grove in Cook County.. Storage or transport of attack weapons is limited to Morton Grove, Winnetka, Hills Country Club, and University Park. The sale and transfer of assault weapons is prohibited at Niles. In December 2015, the US Supreme Court refused to listen to the case of Friedman v. Highland Park, a challenge to the city's gun bans. Deerfield has passed the rules in 2013 governing the storage and transportation of high-capacity assault and magazine weapons; in April 2018 regulations were amended to prohibit ownership. In June 2018 the law was blocked from being enforced by Lake County District Court judges stating that the rule violates state preemption laws.
Other cities also impose restrictions on firearms.
Historical restrictions on gun ownership
Formerly some Illinois municipalities have laws that limit the possession of pistols.
In the late 1980s, several Illinois cities had banned gun ownership. Chicago requires registration of all firearms but does not allow pistols to be registered, which have the effect of banning their holdings, unless they are controlled by those registered before April 16, 1982. In addition, some suburban Chicago have imposed a direct ban on the gun. property.
On June 26, 2008, the US Supreme Court has dropped the Washington, D.C. gun pistol. in the case of District of Columbia v. Heller . Chicago and other municipalities are under legal pressure to amend their laws. In the months following the decision of Heller, guns were lifted on the outskirts of Wilmette, Morton Grove, Evanston, and Winnetka, but Chicago and Oak Park retained their law.
On June 28, 2010, in the case of McDonald v. Chicago , the US Supreme Court ruled the Chicago gun ban and Oak Park unconstitutional.
On July 12, 2010, new Chicago city regulations came into force allowing possession of pistols with certain restrictions. Residents are required to obtain the Chicago Firearms License. To obtain a permit they are required to complete a firearms training course for 5 hours, pass a background check (including fingerprint), and pay a $ 100 permit fee. Chicago's weapons registration requirements are maintained, with new enrollments permitted for the first time since 1982. Ownership firearms are permitted only in the residence, not in the garage or in the yard outside the property. Only one pistol at a time is allowed to be kept in a usable state.
On July 19, 2010, Oak Park changed the city's rules to allow possession of a gun in one's home, without leaving the city remaining in Illinois that completely forbids the gun.
On July 9, 2013, Illinois passed the Hidden Firearms Law, which regulates the licensing system to carry hidden firearms. Another provision of this law is the state preemption for "regulation, licensing, possession, and registration of pistols and ammunition for pistols, and the transport of firearms and ammunition". This Chicago requirement is not approved for weapons registration and for additional permits for gun ownership.
On September 11, 2013, the Chicago City Council revoked the law requiring the registration of firearms and laws requiring the city to issue a firearm owner's license. They also change the law to allow firearms to be held on someone's property outside and inside the house.
Knife
In Illinois, it is illegal to have a throwing star or a ballistic knife. A knife with a knife of more than three inches in length is considered a dangerous weapon, and it is illegal to carry such a knife in order to harm the welfare of others.
Some local governments have a knife law that is tighter than state law. In Chicago it is illegal to carry a knife with a knife over two and a half inches in length.
See also
- FOID (firearms)
- Illinois Law
- McDonald v. Chicago
- Moore v. Madigan
- People v. Aguilar
References
Source of the article : Wikipedia
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