Illinois is one of a small number of states that impose a blanket prohibition on the open carry of firearms in public. Unlike many states that permit open carry either with or without a license, Illinois law provides no mechanism for lawfully carrying a firearm in plain view in any public location. This prohibition applies to both handguns and long guns, and it extends to all persons regardless of whether they hold a valid FOID card or Concealed Carry License.[1]
Statutory Basis
The open carry prohibition derives from the general UUW statute at 720 ILCS 5/24-1, which makes it unlawful to carry or possess a firearm on or about the person in any vehicle or concealed on or about the person, except on one's own land, in one's own abode or legal dwelling, or in one's fixed place of business. Because the statute prohibits both concealed and unconcealed carry on one's person, it effectively bars all public carry of firearms outside of the specific exemptions created by the Firearm Concealed Carry Act -- and that Act authorizes only concealed carry, not open carry.[2]
Concealed Carry License Does Not Authorize Open Carry
The Firearm Concealed Carry Act (430 ILCS 66) authorizes a licensee to carry a loaded or unloaded concealed firearm on or about their person. The word "concealed" is a critical limitation. The statute defines concealed carry as carrying a firearm that is "fully or mostly concealed from view of the public." A firearm that is carried in plain view -- such as in an unconcealed hip holster, slung across the back, or otherwise visible -- is not being carried in a concealed manner and is therefore not protected by the CCL.[3]
A CCL holder who openly carries a firearm in public is subject to the same criminal penalties as any other person carrying without authorization. The CCL provides no defense to an open carry charge under Section 24-1.[4]
Long Gun Open Carry
Some states that restrict handgun carry still permit the open carry of long guns (rifles and shotguns). Illinois does not make this distinction. The UUW statute at Section 24-1 applies to all firearms, and there is no exception for openly carried long guns. A person who walks through a public area carrying a rifle or shotgun in plain view -- even if unloaded -- is subject to UUW charges unless they fall within one of the narrow statutory exceptions for hunters, sport shooters traveling to and from ranges, or persons transporting firearms in cases.[2]
Where Open Carry Is Permitted
The open carry prohibition applies in all public places, but there are specific locations and contexts where openly possessing a firearm is lawful:
- On one's own land or within one's own home, legal dwelling, or fixed place of business
- On the land or in the legal dwelling of another person with that person's permission
- At a licensed firing range or shooting facility
- While engaged in lawful hunting activities in compliance with the Illinois Wildlife Code and with required permits
- While transporting a firearm that is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container (not open carry in the traditional sense, but a lawful means of possessing a firearm outside the home)
These exceptions are location-specific and activity-specific. They do not constitute a general right to open carry.[2]
Penalties for Open Carry
A person who openly carries a firearm in a public place in violation of Section 24-1 faces:
- First offense: Class A misdemeanor, punishable by up to 364 days in county jail and a fine of up to $2,500
- Second or subsequent offense: Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections
If aggravating factors are present -- such as carrying without a FOID card, carrying in proximity to a school or public park, or having prior felony convictions -- the charge may be elevated to aggravated UUW under Section 24-1.6, which carries Class 4 or Class 2 felony penalties.[5]
Practical Context
Illinois's open carry prohibition stands in contrast to the majority of states, most of which permit some form of open carry either without a license (constitutional carry) or with a license. Illinois's approach reflects the state's overall regulatory philosophy, which requires licensure for both possession (FOID card) and carry (CCL), and which limits lawful public carry exclusively to the concealed modality. There is currently no pending legislation to authorize open carry in Illinois.[1]