In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Illinois law, anyone who has a domestic violence order of protection against him/ her, including an interim order of protection, emergency order of protection, or plenary order of protection, cannot legally have a firearm. Any firearms in the possession of the abuser must be turned over to a person with a valid Firearm Owner’s Identification Card and the abuser must turn over his/her Firearm Owner’s Identification Card to the local law enforcement agency. Also, if the abuser is a law enforcement officer (“peace officer”), s/he must surrender any firearms that are used in the performance of his/her duties to the agency’s chief law enforcement officer.¹

Also, under Illinois state law, the Department of State Police has the power to deny an application for a Firearm Owner’s Identification Card, or to suspend or revoke one that was previously issued, if the applicant or holder of the card:

1. is subject to an existing order of protection or firearms restraining order;²
2. has been convicted of a felony in any state or is a juvenile who was declared delinquent for an offense that would have been a felony if committed by an adult;
3. has been convicted within the past five years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense, in which a firearm was used or possessed;
4. is under 21 and has been convicted of a misdemeanor other than a traffic offense;
5. is under 21, is not an active duty member of the United States Armed Forces or the Illinois National Guard, and does not have the written consent of a parent/guardian or whose parent/guardian does not qualify to have a Firearm Owner’s Identification Card;
6. is a drug addict;
7. was a patient in a a mental health facility within the last five years; Note: This restriction does not apply to an active law enforcement officer or a Department of Corrections employee who is authorized to carry a firearm who did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and the officer seeks mental health treatment;
8. has been adjudicated (declared by a judge) as a person with a mental disability;
9. was involuntarily admitted into a mental health facility;
10. has a developmental disability;
11. has an intellectual disability;
12. has a mental condition that poses a clear and present danger to the applicant, to anyone else or to the community;
13. intentionally makes a false statement in the Firearm Owner’s Identification Card application;
14. is a noncitizen;
15. is prohibited from possessing firearms or ammunition by any Illinois state law or by federal law; or
16. is not a resident of Illinois.³

In addition, it is illegal for a convicted felon to have a firearm or ammunition:

• on his/her person (in other words, to carry it);
• on his/her land;
• in his/her home; or
• at his/her fixed place of business.⁴

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ 725 ILCS 5/112A-14(b)(14.5)
² 430 ILCS 65/8.2
³ 430 ILCS 65/8
⁴ 720 ILCS 5/24-1.1(a)

No. Under Illinois law, anyone who has an interim or emergency domestic violence order of protection against him/her cannot legally have a firearm. Any firearms in the possession of the abuser must be turned over to a person with a valid Firearm Owner’s Identification Card and the abuser must turn over his/her Firearm Owner’s Identification Card to the local law enforcement agency. Also, if the abuser is a law enforcement officer (“peace officer”), s/he must surrender any firearms that are used in the performance of his/her duties to the agency’s chief law enforcement officer.¹

However, if someone has a stalking no contact order issued against him/her, the firearm prohibition may not be included in the order. Prohibiting the respondent from possessing a Firearm Owner’s Identification Card or having/buying firearms is one of many protections that the judge could include but it is up to the judge whether or not to include it. If it is included in the no contact order, the judge is supposed to take the respondent’s Firearm Owner’s Identification Card and immediately return it to the Department of State Police Firearm Owner’s Identification Card Office.²

¹ 725 ILCS 5/112A-14(b)(14.5)
² 725 ILCS 21/80(b)(4),(e)

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by Federal Firearms Licensees (FFLs) to instantly determine whether someone is eligible to receive firearms or explosives.¹  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

¹ National Criminal Justice Reference Service website

If the abuser’s gun(s) is taken away, the court clerk should notify the state police that the abuser cannot have a gun. The abuser will have to give his/her Firearm Owner’s Identification (FOID) card to the court clerk who will send it to the state police and will either have to give his/her gun(s) to the local law enforcement agency or to the state police. The agency that receives the gun(s) will keep it until the order expires. If the abuser is a peace officer, s/he will have to give his/her gun(s) to the chief law enforcement executive at his/her job who will keep the gun(s) until the order expires. If the abuser is in court, he will be ordered by the judge to turn over the guns. If the abuser is not in court, the judge can issue a warrant that allows the police to seize (forcibly take) the abuser’s gun.¹

Once the guns have been turned in or seized, the law enforcement agency should notify the domestic violence unit at the local court that the abuser has followed the order.

¹ 750 ILCS 60/214(b)(14.5)

Under Illinois state law, anyone who is found to be illegally in possession of a firearm other than a handgun is guilty of a Class A misdemeanor and can be punished by jail time of up to one year, a fine of up to $2,500, or both. Anyone who is found to be illegally in possession of a handgun is guilty of a Class 4 felony and can be punished by jail time for one to three years, a fine of up to $25,000, or both.¹

¹ 720 ILCS 5/24-3.1(b); 730 ILCS 5/5-8-1; 730 ILCS 5/5-9-1

Under Illinois state law, the judge can order that an abuser turn in his guns even if the abuser is a law enforcement officer, military employee or government employee. S/he must give the gun(s) to the chief law enforcement executive at his/her job who will keep the gun(s) until the order expires.¹

Furthermore, there are federal gun laws that make it illegal for anyone convicted of a felony or a domestic violence misdemeanor to buy or have a gun, even if s/he is a police officer or a military employee. To read more, go to Federal Gun Laws.

If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a family violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111. To find a family violence advocate in your area, please go to our IL Advocates and Shelters page.

¹ 750 ILCS 60/214(b)(14.5)(b)