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Elmhurst, IL Firearms: Local Firearms Preemption (2026)

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Key Facts

FOID Act: 430 ILCS 65
Concealed Carry Act: 430 ILCS 66
Preemption Date: July 19, 2013
Regulator: Illinois State Police

Illinois state rule: Elmhurst does not have a local ordinance for local firearms preemption. This topic is governed by Illinois state law and applies uniformly across the state.

Summary

Illinois preempts most local firearm regulation under the FOID Card Act and Wildlife Code, leaving home rule cities limited authority over assault weapons and certain narrow areas.

Full Breakdown

The Firearm Owners Identification (FOID) Card Act (430 ILCS 65) requires every Illinois resident who possesses or acquires firearms or ammunition to obtain a FOID card from the Illinois State Police. The Firearm Concealed Carry Act (430 ILCS 66) preempts local regulation of the carrying, transportation, and registration of handguns. Section 13.1 of the FOID Act preempted assault weapons regulation as of July 19, 2013, except in municipalities that had ordinances in effect before that date. Home rule taxation and zoning powers remain.

Violations & Fines

Possession without a valid FOID card is a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses, with fines up to $25,000.

Frequently Asked Questions

Can Illinois cities pass new assault weapons bans?

Generally no. The FOID Act preempted assault weapons ordinances as of July 19, 2013, and only municipalities that already had bans in effect on that date may continue to enforce or amend them.

Do I need a FOID card to own a firearm in Illinois?

Yes. Every Illinois resident must obtain a FOID card from the Illinois State Police before acquiring or possessing firearms or ammunition, with limited exceptions for nonresidents.

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Elmhurst, IL Firearms: Local Firearms Preemption (2026)

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