Open Carry Prohibition in Illinois

Illinois restricts the open carry of firearms in public and allows openly possessing firearms only in specified circumstances, including lawful hunting and use at established target ranges. The restrictions cover both handguns and long guns, and a FOID card or Concealed Carry License does not create a general right to open carry.^[1]

Statutory Basis

The restrictions include 720 ILCS 5/24-1(a)(4), which governs firearms in vehicles or concealed on the person, and Section 24-1(a)(10), which governs firearms carried on the person on public streets, alleys and other public lands within a city, village or incorporated town, subject to statutory exceptions. The Firearm Concealed Carry Act permits licensed handgun carry, while Section 24-2 also exempts specified activities such as lawful hunting and target-range use.^[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 a concealed firearm as a loaded or unloaded handgun carried "completely or mostly concealed from view of the public or on or about a person within a vehicle." Outside a vehicle, a fully exposed firearm in an unconcealed hip holster or slung across the back does not meet the Act's concealed-firearm definition.^[3]

A valid CCL changes the penalty exposure. Under 430 ILCS 66/70(f), a licensee convicted or found guilty of an Act violation who has a valid license and is otherwise eligible to carry is subject to the Act's penalties rather than those in 720 ILCS 5/24-1(a)(4), (a)(8) or (a)(10), or the specified handgun enhancements for lacking a CCL in Section 24-1.6(a)(3)(A-5) and (B-5). A licensee carrying a handgun fully exposed outside a vehicle does not meet the Act's concealment requirement. For a violation governed by 430 ILCS 66/70(e), the default penalty is a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation.^[4]

Long Gun Open Carry

Illinois's restriction covers both handguns and long guns. The unlawful possession of weapons statute at Section 24-1 applies to all firearms, and there is no general exception for openly carried long guns. A person who walks on a public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town carrying a rifle or shotgun in plain view, even if unloaded, is subject to unlawful possession of weapons charges unless a statutory exception applies, such as lawful hunting or transportation that meets the statutory requirements. Travel to or from a target range does not by itself create an exception.^[2]

Where Open Carry Is Permitted

Illinois law restricts open carry in public, but specific locations and activities are exempt.

• 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 as an invitee with that person's permission
• While members or patrons are using their firearms on established public or private target ranges
• 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 by a person with a currently valid FOID card (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

For a violation of Section 24-1(a)(10), the following base penalties apply, subject to the enhancements in Section 24-1(c) and the separate penalties for eligible licensees under Section 70(f) of the Firearm Concealed Carry Act.

• A first violation of Section 24-1(a)(10) is a Class A misdemeanor, punishable by up to 364 days in county jail and a fine of up to $2,500.
• A second or subsequent violation of Section 24-1(a)(10) is a Class 3 felony, with an ordinary prison term of 2 to 5 years in the Illinois Department of Corrections. An extended term under Section 5-4.5-40 is 5 to 10 years.

Carrying a firearm without a currently valid FOID card can satisfy an aggravating factor under Section 24-1.6 when the other offense elements are met. School and public-park enhancements are addressed separately in Section 24-1(c). Aggravated unlawful possession of a weapon under Section 24-1.6 generally carries Class 4 felony penalties, or Class 2 penalties for repeat offenses or offenders with prior felony convictions, with a Class X penalty for specified body-armor cases.^[5]

Practical Context

Illinois generally requires a FOID card for firearm possession, subject to statutory exceptions, and a CCL for concealed handgun carry outside applicable exemptions. Illinois also permits public possession in specified circumstances such as lawful hunting and target-range use.^[1]