State Gun Laws

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)