Illinois Statewide Rule
Illinois Firearms Preemption Limits Local Gun Ordinances
Key Facts
- FOID Act
- 430 ILCS 65
- Concealed Carry Act
- 430 ILCS 66
- Preemption Date
- July 19, 2013
- Statewide AW ban
- 720 ILCS 5/24-1.9 (2023)
- Regulator
- Illinois State Police
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.
Sec. 13.1. Preemption. (a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, the provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.
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 with ordinances already in effect. Since January 10, 2023, the Protect Illinois Communities Act (720 ILCS 5/24-1.9) bans assault weapons statewide. Home rule taxation and zoning powers remain.
Violations & Penalties
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?
Do I need a FOID card to own a firearm in Illinois?
Sources
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