Restrictions | Illinois Concealed Carry

Illinois Concealed Carry Weapon Restrictions

Carrying While Under the Influence

Under 430 ILCS 66/70(d), a concealed carry licensee shall not carry a concealed firearm while under the influence of:

• Alcohol
• Other drug or drugs
• Intoxicating compound or combination of compounds
• Any combination thereof

The standard applied is the same as set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code (the DUI standard).

Penalties for carrying while intoxicated:

• First or second violation: Class A misdemeanor
• Third violation: Class 4 felony
• The Illinois State Police may suspend a license for up to 6 months for a second violation
• The Illinois State Police shall permanently revoke a license for a third violation

Assault Weapons and High-Capacity Magazines

Illinois requires an endorsement affidavit for assault weapons, high-capacity magazines, and other devices listed in the Act. The Illinois State Police provides an Assault Weapon Identification Guide and downloadable resources for the endorsement affidavit process through the ISP Firearm Services Bureau.

License Revocation, Suspension, and Surrender Requirements

Per 430 ILCS 66/70:

• A concealed carry license shall be revoked if the licensee is found ineligible for a license or no longer meets the eligibility requirements of the Firearm Owners Identification Card Act
• A license shall be revoked if the licensee is found ineligible for a FOID card or no longer possesses a valid FOID card (430 ILCS 66/70(h))
• If the FOID card is expired or suspended (rather than denied or revoked), the concealed carry license may be suspended for up to one year to allow the licensee to reinstate the FOID card
• If a licensee's FOID card expires during the term of the concealed carry license, both the license and FOID card remain valid, and ISP may automatically renew the FOID card (430 ILCS 66/70(h-5))

Orders of Protection and Firearms Restraining Orders

Per 430 ILCS 66/70(b), a concealed carry license shall be suspended if any of the following orders are issued against the licensee:

• Emergency order of protection
• Plenary order of protection
• Interim order of protection (under Article 112A of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986)
• Firearms restraining order (FRO), including emergency FROs, under the Firearms Restraining Order Act
• Similar orders issued in any other jurisdiction

The suspension lasts for the duration of the order. The licensee must surrender the license to the court at the time the order is entered, or to the law enforcement agency/entity serving process at the time of service.

The court, law enforcement agency, or entity responsible for serving the order of protection shall notify the Illinois State Police within 7 days and transmit the license to the Illinois State Police.

Firearms Restraining Orders (FROs)

The Firearms Restraining Order Act (passed in 2019) provides:

• Family/household members or law enforcement officers may file a petition alleging that a respondent poses an immediate and present danger of causing personal injury
• If granted, the FRO prohibits the respondent from having custody or control, purchasing, possessing, or receiving:
  • Firearms
  • Ammunition
  • Firearm parts that could be assembled to make an operable firearm
• Emergency FRO: Lasts 14 days
• Plenary FRO: Lasts up to one year
• If the judge finds probable cause that the respondent possesses firearms, a search warrant shall also be issued

Who can file for an FRO:

• Family members (spouse, former spouse, parent, child, stepchild, person sharing a minor child in common, persons related by blood or present marriage, persons sharing a common dwelling)
• Law enforcement officers

Surrender of License Upon Revocation, Suspension, or Denial

Per 430 ILCS 66/70(g):

• A licensee whose license is revoked, suspended, or denied must surrender the concealed carry license within 48 hours of receiving notice to the local law enforcement agency where the person resides
• Failure to surrender is a Class A misdemeanor
• Law enforcement may petition the circuit court for a search warrant to seize the license
• Observation of a concealed carry license in the possession of a person whose license has been revoked, suspended, or denied constitutes sufficient basis for arrest

General Violation Penalties

Per 430 ILCS 66/70(e):

• First violation of the Act: Class B misdemeanor
• Second or subsequent violation: Class A misdemeanor
• ISP may suspend a license for up to 6 months for a second violation
• ISP shall permanently revoke a license for 3 or more violations of Section 65 of the Act
• Any person convicted shall pay a $150 fee (deposited into the Mental Health Reporting Fund), plus applicable court costs or fees

Mental Health Reporting

The Illinois Department of Human Services (IDHS) FOID Mental Health Reporting System collects information on persons who have been:

• Adjudicated as mentally disabled
• Voluntarily admitted to a psychiatric unit
• Determined to be a "Clear and Present Danger"
• Determined to be "Developmentally Disabled/Intellectually Disabled"

Note: Federal regulations prohibit IDHS from collecting information on treatment for alcohol or substance abuse. However, physicians, psychologists, or qualified examiners are required to report any person determined to be a "clear and present danger."

Outpatient therapists are only required to report if a patient is determined to be a clear and present danger, developmentally disabled, or intellectually disabled.

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Federal context

Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV) - any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person - triggers a federal LIFETIME firearm-possession bar that is independent of state law. The Lautenberg disability applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. United States v. Rahimi (2024) confirmed the constitutionality of related federal § 922(g)(8) DV-restraining-order disabilities under the Bruen historical-tradition test.