Q: What firearms are banned under the Protect Illinois Communities Act?

The Protect Illinois Communities Act (PICA) , signed January 10, 2023, enacted a statewide ban on assault weapons and large-capacity magazines. Under the features test, assault weapons include semiautomatic rifles that accept a detachable magazine and have one or more prohibited features (pistol grip, thumbhole stock, folding or telescoping stock, grenade launcher, barrel shroud, or flash suppressor), as well as semiautomatic pistols and shotguns with specified features. The named-models list includes AR-15 and AK-47 variants. PICA also bans .50 caliber rifles and cartridges, and rapid-fire devices such as bump stocks and trigger cranks. Magazine capacity is limited to 10 rounds for rifles and 15 rounds for handguns. Active and retired law enforcement officers under federal LEOSA are exempt.

Q: What is the magazine capacity limit in Illinois?

Under the Protect Illinois Communities Act , Illinois restricts magazine capacity to 10 rounds for rifles and 15 rounds for handguns. If you owned large-capacity magazines before the ban took effect, you may retain them provided you submitted an endorsement affidavit to the ISP by the January 1, 2024 deadline (submissions opened October 1, 2023). Even with an endorsement, grandfathered magazines may only be used on your private property, on another person's private property (not open to the public) with permission, or at a licensed firing range. During transport, the magazines must be unloaded and enclosed in a case. Possession without a valid endorsement affidavit is a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses.

Question 1

What is a FOID card and do I need one?

Accepted Answer

The Firearm Owners Identification (FOID) card is a license unique to Illinois that is required to legally possess any firearm, stun gun, taser, or ammunition in the state. Issued by the Illinois State Police (ISP) under the Firearm Owners Identification Card Act (430 ILCS 65), the FOID card is the foundational requirement for all lawful firearm ownership in Illinois. To be eligible, you must be at least 21 years old, or between 18 and 20 with written consent from a parent or legal guardian who holds a valid FOID card. You must not have been convicted of a felony, domestic violence, or assault or battery within the past 5 years. Applications are submitted electronically through the ISP Firearms Services Bureau portal at ispfsb.com. The application fee is $10, the card is valid for 10 years, and automatic renewal is available for holders who have submitted fingerprints to ISP. Possessing a firearm without a valid FOID card is a Class A misdemeanor for a first offense and a Class 3 felony for a second or subsequent offense.

Question 2

How do I buy my first firearm in Illinois?

Accepted Answer

Buying your first firearm in Illinois requires several steps. First, obtain a FOID card through the ISP portal at ispfsb.com (allow at least 30 days for processing). Second, visit a federally licensed firearms dealer (FFL) who also holds an Illinois Firearm Dealer License Certification (FDLC) and present your valid FOID card. Third, the dealer will run a background check through the ISP Firearms Transfer Inquiry Program (FTIP). Fourth, wait 72 hours -- Illinois imposes a mandatory waiting period on all firearm purchases, both handguns and long guns. If buying from a private seller, the seller must either use an FFL for a background check or verify your FOID card through ISP's online verification portal at verify.ispfsb.com. The 72-hour waiting period still applies to private sales.

Question 3

How do I get a concealed carry license in Illinois?

Accepted Answer

Illinois is a shall-issue state for concealed carry, meaning the ISP must issue a Concealed Carry License (CCL) to any applicant who meets the statutory qualifications. Illinois was the last state in the nation to adopt concealed carry when the Firearm Concealed Carry Act (430 ILCS 66) was enacted in 2013. To qualify, you must be at least 21, hold a valid FOID card, have no felony convictions, and no misdemeanor convictions involving the use or threat of physical force within the past 5 years. The training requirement is 16 hours of approved firearms instruction, including a live-fire qualification of 30 rounds (10 rounds each at 5, 7, and 10 yards) with a minimum 70% accuracy. The fee is $150 for residents and $300 for non-residents. The license is valid for 5 years, and renewal requires a 3-hour refresher course.

Question 4

What firearms are banned under the Protect Illinois Communities Act?

Accepted Answer

The Protect Illinois Communities Act (PICA), signed January 10, 2023, enacted a statewide ban on assault weapons and large-capacity magazines. Under the features test, assault weapons include semiautomatic rifles that accept a detachable magazine and have one or more prohibited features (pistol grip, thumbhole stock, folding or telescoping stock, grenade launcher, barrel shroud, or flash suppressor), as well as semiautomatic pistols and shotguns with specified features. The named-models list includes AR-15 and AK-47 variants. PICA also bans .50 caliber rifles and cartridges, and rapid-fire devices such as bump stocks and trigger cranks. Magazine capacity is limited to 10 rounds for rifles and 15 rounds for handguns. Active and retired law enforcement officers under federal LEOSA are exempt.

Question 5

What is the magazine capacity limit in Illinois?

Accepted Answer

Under the Protect Illinois Communities Act, Illinois restricts magazine capacity to 10 rounds for rifles and 15 rounds for handguns. If you owned large-capacity magazines before the ban took effect, you may retain them provided you submitted an endorsement affidavit to the ISP by the January 1, 2024 deadline (submissions opened October 1, 2023). Even with an endorsement, grandfathered magazines may only be used on your private property, on another person's private property (not open to the public) with permission, or at a licensed firing range. During transport, the magazines must be unloaded and enclosed in a case. Possession without a valid endorsement affidavit is a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses.

Question 6

I owned an assault weapon before the ban. Can I keep it?

Accepted Answer

Yes, but only if you met the registration deadline and follow strict possession rules. The Protect Illinois Communities Act allows individuals who possessed assault weapons before January 10, 2023, to retain them, provided they submitted an endorsement affidavit to the ISP by the January 1, 2024 deadline (submissions opened October 1, 2023). The affidavit must include the weapon's make, model, and serial number, along with your FOID card number. Even with a valid endorsement, possession is restricted to your own private property, another person's private property (not open to the public) with permission, or a licensed firing range. You may not carry a grandfathered assault weapon in public or display it at public events. Selling, transferring, or gifting it to another person within Illinois is prohibited -- it may only be transferred to an heir upon death, surrendered to law enforcement, or sold to an out-of-state buyer.

Question 7

What is the waiting period for buying a gun in Illinois?

Accepted Answer

Illinois imposes a 72-hour waiting period for all firearm purchases. Unlike many states that apply different waiting periods for handguns versus long guns, Illinois applies the same 72-hour requirement to both. The waiting period begins at the time the purchaser applies to purchase the firearm, not at the time the background check is completed. Even if your FTIP background check clears immediately, you must still wait the full three days before taking possession. The 72-hour waiting period applies to both dealer sales and private sales. There is no exemption for FOID card holders, CCL holders, or law enforcement officers making personal purchases. Violating the waiting period can result in criminal penalties under 720 ILCS 5/24-3.

Question 8

Where can I NOT carry with a concealed carry license?

Accepted Answer

The Firearm Concealed Carry Act (430 ILCS 66/65) identifies over 23 categories of prohibited locations, one of the most extensive lists in the nation. These include schools and child care facilities, government buildings, courts, colleges and universities, hospitals and mental health facilities, public transit (buses, trains, stations, and platforms), establishments where more than 50% of gross receipts come from alcohol sales, public gatherings requiring a government-issued permit, stadiums and arenas, libraries, amusement parks, zoos, museums, gaming facilities, nuclear facilities, public parks and athletic areas under municipal or park district control, Cook County Forest Preserve property, and detention facilities. However, the parking area exception under 430 ILCS 66/65(b) allows CCL holders to store a concealed firearm in a locked vehicle or locked container out of plain view when parked at most restricted locations.

Question 9

Is open carry legal in Illinois?

Accepted Answer

No. Open carry is generally prohibited in Illinois under 720 ILCS 5/24-1. Neither handguns nor long guns may be openly carried in public places. There is no exception for FOID card holders or CCL holders. A valid CCL permits only the concealed carry of a firearm -- fully or partially concealed on or about the person. Openly displaying a firearm in public, even with a valid CCL, can result in charges under the unlawful use of weapons statute. The only lawful way to carry a loaded firearm on your person in a public place in Illinois is with a valid CCL, and the firearm must be concealed. On your own private property, you may possess firearms openly, but any movement into public areas requires concealment for CCL holders or unloaded transport in a case for FOID-only holders.

Question 10

What are Illinois's self-defense laws?

Accepted Answer

Illinois law justifies the use of force when a person reasonably believes it is necessary to defend themselves or another against the imminent use of unlawful force (720 ILCS 5/7-1). Deadly force is permitted only when reasonably necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony. Illinois has a strong Castle Doctrine codified at 720 ILCS 5/7-2: when you are in your own home or dwelling, you have no duty to retreat before using force, including deadly force, to prevent an unlawful entry or attack. The Castle Doctrine extends to vehicles and other dwelling places. Although Illinois does not have a formal "Stand Your Ground" statute, courts have consistently held through case law that there is no obligation to retreat before using force in self-defense, whether inside or outside the home.

Question 11

Can I sell a gun privately in Illinois?

Accepted Answer

Yes, private firearm sales are legal in Illinois, but they are subject to strict requirements expanded by the Protect Illinois Communities Act effective July 1, 2023. All private transfers must go through one of two channels: through an FFL who conducts a FTIP background check on the buyer, or directly verifying the buyer's FOID card through the ISP verification portal at verify.ispfsb.com. Regardless of which method is used, the seller must verify the buyer's FOID card and retain a record of the sale for at least 10 years, including the date, the buyer's FOID card number, and the buyer's identity. Transfers between immediate family members are exempt from the FFL requirement but still require FOID verification. The 72-hour waiting period applies to all transfers. Selling a firearm to an ineligible person carries penalties scaling up to Class X felony status under 720 ILCS 5/24-3.

Question 12

How can I carry a firearm in my vehicle?

Accepted Answer

The rules depend on your license. With a CCL, you may carry a loaded, concealed firearm on your person within the vehicle or store it concealed anywhere in the vehicle. With a FOID card only (no CCL), you may transport a firearm but it must be unloaded and enclosed in a case, with ammunition stored separately. Carrying a loaded, accessible firearm in a vehicle without a CCL can result in aggravated UUW charges -- a Class 4 felony. Without a FOID card, transporting a firearm is generally unlawful, with narrow exceptions for non-residents traveling to or from authorized activities. Illinois does not require a CCL holder to affirmatively inform a law enforcement officer that they are carrying during a traffic stop, but if asked, the licensee must disclose and present both their CCL and FOID card.

Question 13

Does Illinois honor my out-of-state carry permit?

Accepted Answer

No. Illinois does not honor or recognize concealed carry permits from any other state. Carrying a firearm based on an out-of-state permit alone is a criminal offense in Illinois. Non-residents may apply for an Illinois CCL if their home state has firearms laws that are "substantially similar" to Illinois's, as determined by ISP. The non-resident application fee is $300 (double the resident fee), and applicants must meet the same eligibility and training requirements as residents. For those simply traveling through Illinois with firearms, the federal Firearms Owners' Protection Act (FOPA) provides safe passage protections if firearms are unloaded and inaccessible (locked in the trunk or a locked container not readily accessible from the passenger compartment). Only necessary stops should be made while in transit.

Question 14

What is the status of the court cases challenging the assault weapons ban?

Accepted Answer

The Protect Illinois Communities Act (PICA) faces multiple ongoing constitutional challenges in federal court, all pending before the Seventh Circuit as of March 2026. Barnett v. Raoul is the NRA-supported case where the district court entered a permanent injunction striking down the bans under the Supreme Court's Bruen framework, though the Seventh Circuit stayed the injunction pending appeal. Bevis v. City of Naperville began as a challenge to Naperville's municipal ban and has been consolidated with state-level challenges. Harrel v. Raoul, supported by the Firearms Policy Coalition, Second Amendment Foundation, and Illinois State Rifle Association, is also consolidated at the Seventh Circuit. In June 2025, the U.S. Department of Justice filed an unprecedented amicus brief supporting the challenge. Oral argument was held in September 2025, and a decision is pending.

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