Illinois firearms law operates alongside federal firearms law, and the two frameworks frequently overlap. Federal and Illinois requirements generally apply together unless federal law preempts a state requirement. Because Illinois imposes requirements beyond federal law, including the FOID card system, an assault weapons ban, and background checks for private transfers subject to statutory exemptions, firearm owners in Illinois must understand both systems and comply with applicable federal and state requirements, except where federal law preempts a state rule.[1]
Licensing: FOID vs. No Federal Equivalent
Federal law generally does not require an owner license to possess ordinary firearms or ammunition. Firearms regulated by the National Firearms Act are subject to federal registration and prior authorization for making or transfer. Illinois, by contrast, generally requires a person who possesses a firearm or ammunition to hold a valid FOID card issued by the Illinois State Police under 430 ILCS 65, subject to the statutory exemptions in 430 ILCS 65/2(b), which include nonresidents whose firearms are unloaded and enclosed in a case and nonresidents licensed to have a firearm in their home state.[1]
Background Checks Under Federal and Illinois Law
Federal law generally requires licensed importers, manufacturers, and dealers to conduct background checks before transferring firearms to unlicensed persons, subject to statutory exceptions. Federal law generally does not require a background check for a firearm sale between unlicensed residents of the same state. A private sale transferred through an FFL is subject to the federal requirements for that transfer.[2] Since July 1, 2023, private firearm transfers subject to 430 ILCS 65/3(a-10) require the seller to arrange an FFL transfer or contact ISP with the buyer's FOID number for a validity check under state and federal law, including NICS, and retain a record of the sale for at least 10 years.[1]
Prohibited Persons: Overlapping but Not Identical
Both federal and Illinois law define categories of persons prohibited from possessing firearms, but the lists are not identical. Federal law under 18 U.S.C. 922(g) prohibits firearm possession in or affecting commerce by persons with qualifying felony or misdemeanor domestic violence convictions, fugitives from justice, unlawful drug users, persons adjudicated as mentally defective, and several other categories, subject to statutory definitions and exceptions.[2] Illinois law under 430 ILCS 65/8 includes most of the same categories but adds state-specific disqualifiers, including persons convicted within the preceding 5 years of battery, assault, aggravated assault, or violation of an order of protection in which a firearm was used or possessed (65/8(k)), qualifying voluntary patients in a mental health facility within the past 5 years, and persons determined to pose a clear and present danger by a qualified mental health professional, subject to the Act's definitions and relief provisions. Eligibility under federal law does not establish eligibility under Illinois law. DOJ's final rule implementing the federal firearms-disability relief process became effective September 21, 2026, when the Department began soliciting applications. Relief from a federal prohibition does not extend to an independent Illinois prohibition. Read the final rule.[1]
Assault Weapons and Magazine Capacity
The federal assault weapons and large-capacity magazine restrictions enacted in 1994 expired in 2004 and have not been renewed, but federal law still regulates short-barreled rifles and restricts the assembly of certain semiautomatic rifles from imported parts. Illinois enacted a statewide assault weapons ban effective January 10, 2023, under the Protect Illinois Communities Act. The Act restricts large capacity ammunition feeding devices with capacities of more than 10 rounds for long guns or more than 15 rounds for handguns, subject to exclusions for specified tubular magazines and permanently inoperable devices and statutory exemptions. Its magazine-possession prohibition began 90 days after January 10, 2023, with an exception for devices lawfully possessed before that date and possessed or transported only as specified by law.[3] A firearm or magazine that is legal under federal law may be prohibited under Illinois law. The U.S. Supreme Court granted certiorari on June 30, 2026 and later scheduled argument for December 2, 2026 in Viramontes v. Cook County (No. 25-238), consolidated with Grant v. Higgins (No. 25-566), to decide whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles. PICA remains in effect while the case is pending.
Rapid-Fire Devices
Effective May 6, 2026, ATF removed the regulatory language that categorically classified bump-stock-type devices as machine guns. The ATF published a final rule amending 27 CFR 478.11 that day, codifying the U.S. Supreme Court's 2024 decision in Garland v. Cargill.[5] Illinois's ban on bump stocks, trigger cranks, and similar rapid-fire devices under 720 ILCS 5/24-1(a)(14) is independent of federal classification and remains in full effect. Possessing a device that is legal under federal law may still be a Class 2 felony under 720 ILCS 5/24-1(b) in Illinois.[3]
Waiting Periods
Federal law does not impose a waiting period for firearm purchases. Illinois generally requires sellers to withhold delivery of handguns and long guns for at least 72 hours after the buyer and seller agree to the purchase, subject to statutory exceptions, regardless of how quickly the background check clears.[4]
The Firearm Owners Protection Act (FOPA) and Interstate Transport
The federal Firearm Owners Protection Act of 1986 (18 U.S.C. 926A) provides a safe harbor for transporting firearms through states where local law might otherwise prohibit possession. Under FOPA, a person not prohibited by federal firearms law from transporting, shipping, or receiving a firearm may transport it for a lawful purpose between places where the person may lawfully possess and carry it. During transport, the firearm must be unloaded and neither it nor its ammunition may be readily or directly accessible from the passenger compartment. In a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.[6]
Illinois does not generally recognize concealed carry permits from other states, but a nonresident without an Illinois concealed carry license may transport a concealed firearm within a vehicle if it remains there, the person is not prohibited from owning or possessing a firearm under federal law, and the person is eligible to carry in public under home-state law, as evidenced by a home-state license or permit if applicable. If the nonresident leaves the vehicle unattended, the firearm must be stored within a locked vehicle or locked container within the vehicle in accordance with the Act. FOPA protects transport between places where the traveler may lawfully possess and carry the firearm, subject to its unloading and accessibility conditions. Illinois law also provides exemptions for nonresidents. The exemptions in 430 ILCS 65/2(b)(9) and (b)(10) cover nonresidents with unloaded, cased firearms and nonresidents licensed in their home state.[1]
Federal and Illinois Requirements and Preemption
Federal and Illinois requirements generally apply together unless federal law preempts a state requirement. Where Illinois law is silent, applicable federal firearms requirements still apply according to their own terms. Where Illinois adds requirements beyond federal law, including the FOID card, background checks for private transfers, assault weapons ban, and waiting period, those state requirements apply subject to their statutory exemptions and federal preemption.[1]