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posted on 11/15/13

On July 9, 2013 the Firearm Concealed Carry Act became an Illinois state law.  Illinois lawmakers overruled Governor Pat Quinn’s veto of concealed carry legislation.  Illinois was the 50th state to enact concealed carry legislation.  This means it is now legal to carry a concealed weapon in public anywhere in the United States except Washington D.C., which has special restrictions.

Over 358,000 individuals in Cook County currently hold a Firearm Owner Identification (FOID) Card.  Over 1.5 million people own a FOID card across the state of Illinois.  It is important to note what concealed actually means.  A handgun carried on or with an individual must be concealed from view of the public or on or about a person within a vehicle.   The new law also says that a concealed firearm is a handgun.  This definition of “handgun” does not include a stun gun, machine gun, short-barreled riles and shotguns or paintball guns.

Who Will Legally be Able to Carry a Gun in Illinois with a Concealed Carry License?

All applicants must be at least 21 years of age and possess a valid Firearm Owner’s Identification (FOID) Card.  Applicants must have a clean record with no misdemeanors involving the use or threat of physical force or the threat of violence in the last 5 years.  Also, individuals who have 2 or more violations relating to driving under the influence of intoxicating substances or drugs will be disqualified.  Additionally, applicants must not have been the subject of a pending arrest warrant and not have been in residential or court-ordered treatment for alcoholism or drug treatment within the last 5 years.  All applicants are also required to complete 16 hours of firearm training, which includes both classroom and range instruction.

Successful applicants will be able to obtain an Illinois Concealed Carry License for $150, which will remain valid for 5 years.  It will cost $300 for out-of-state residents to acquire the 5-year permit.  The Illinois State Police Department will have applications for Concealed Carry Licenses available to the public by January 5, 2014.  The application information will be available to the public online.  It is important to note that a full set of fingerprints is required for the application process, even if you apply online. Upon the completion of an application, the Illinois State Police will have 90 days to issue or deny the permit to the applicant.

Are There Restrictions on Where Guns Can Be Carried in Illinois?

The new Illinois gun law allows concealed guns on private property including places of work unless the property owners post signs that say otherwise.  Whether or not guns will be allowed in these privately owned places of business is up to the individual business managers and property owners.

However, guns will still be banned at several public places including schools, child care facilities, parks, on public transportation, government facilities and restaurants if more than half of their sales are acquired from alcoholic beverages.

What is the Penalty for Carrying a Gun Without a Concealed Carry License?

According to the law the Unlawful Use of Weapons is a Class A Misdemeanor and a second or subsequent offense is considered a Class 3 Felony.  However, if an individual carries a gun onto public property in restricted places such as schools, parks, government facilities and public transportation their actions can warrant harsher penalties. If a gun is carried onto one of these public locations the first offense can be upgraded to a Class 4 Felony or Aggravated Unlawful Use of Weapon. Individuals who carry firearms without a Concealed Carry License will be subject to arrest.

If you have questions about the Illinois Firearm Concealed Carry Law or if you have been convicted of the Unlawful Use of Firearms contact the Law Offices of Thomas Glasgow, Ltd. today.  Our experienced criminal defense attorneys will give you a free initial consultation when you call 847.577.8700 or fill out the online contact form.