Subject Index Firearms

Criminal Code restrictions that prohibit public firearm carriage do not violate the Second Amendment

June
2024
Illinois Law Update
, Page 16
On March 1, 2024, the Third District of the Illinois Appellate Court held that the statutes within the Illinois Criminal Code of 2012 that prohibit public firearm carriage do not violate the Second Amendment of the U.S. Constitution.

Petition to review denial of a firearm owner’s identification card properly denied when plaintiff has criminal history and fails to exhibit responsibility concerning statutory requirements

March
2024
Illinois Law Update
, Page 18
On Nov. 28, 2023, the Second District of the Illinois Appellate Court held that a petition to review the denial of a Firearm Owners Identification (FOID) card was properly denied when the plaintiff had an arrest and conviction history and failed to exhibit responsibility concerning the FOID Card Act’s requirements.

Appeals process for Firearm Owner’s Identification Card denial amended

December
2023
Illinois Law Update
, Page 16
The Firearm Owner’s Identification (FOID) Card Review Board amended the Part entitled Restatement of Firearm Rights to replace emergency amendments.

Equal protection and special legislation claims fail against Protect Illinois Communities Act

November
2023
Illinois Law Update
, Page 18
On Aug. 11, 2023, the Illinois Supreme Court upheld the Protect Illinois Communities Act. The Act bans the purchase, sale, manufacture, delivery, and import of assault weapons and large-capacity magazines, with two exceptions: 1) a grandfather provision, permitting individuals to possess assault weapons if they were lawfully possessed prior to the Act’s enactment; and 2) seven enumerated exempted classes, including law enforcement.

Persons with valid Illinois concealed carry licenses may carry concealed firearms on open lands and other areas of nature preserves where the landowner has not specifically prohibited them 

November
2023
Illinois Law Update
, Page 18
The Illinois Nature Preserves Commission amended the Part entitled Public Use of Illinois Dedicated Nature Preserves, which prohibits individuals from possessing a firearm or other weapons within nature preserve boundaries or buffers.

Knowledge of firearm’s defacement required for conviction of possession of defaced firearm

August
2023
Illinois Law Update
, Page 14
On May 18, 2023, the Illinois Supreme Court held that knowledge of a firearm’s defacement is required to convict defendants of possession of a defaced firearm.

Process for appealing a denied, suspended, or revoked Firearm Owner’s Identification Card clarified

May
2023
Illinois Law Update
, Page 14
The Illinois State Police (ISP) amended the Part titled Firearm Owner’s Identification Card Act. The amendment clarifies the processes an individual must take to appeal a denied, suspended, or revoked Firearm Owner’s Identification (FOID) Card.

Temporary restraining order properly issued regarding equal protection claim involving the Protect Illinois Communities Act

May
2023
Illinois Law Update
, Page 14
On Jan. 31, 2023, the Fifth District of the Illinois Appellate Court held that a temporary restraining order was properly granted based on equal protection grounds regarding the fundamental right to bear arms.

Statute criminalizing unlawful firearm possession by gang members constitutional

April
2023
Illinois Law Update
, Page 16
On Jan. 20, 2023, the Illinois Supreme Court held that a statute criminalizing the unlawful possession of a firearm by street gang members does not violate the Eighth and 14th amendments of the U.S. Constitution.

Changes made to “clear and present danger” reporting and record-keeping requirements in connection with the Firearm Owner’s Identification Card Act

February
2023
Illinois Law Update
, Page 16
The Illinois State Police amended the Part titled Firearm Owner’s Identification (FOID) Card Act. The amendment allows for the retention and use of clear-and-present-danger reporting records for five years.

Violence prevention community support teams established for trauma recovery from chronic exposure to firearm violence

January
2023
Illinois Law Update
, Page 14
The Department of Healthcare and Family Services adopted amendments to establish violence prevention community support teams to provide trauma recovery mental health services to children and adults who have experienced chronic exposure to firearm violence.

Denial of convicted felon’s request for firearm owners identification card affirmed

December
2021
Illinois Law Update
, Page 14
On Sept. 2, 2021, the Illinois Supreme Court affirmed a trial court’s holding regarding the denial of a Firearm Owners Identification (FOID) card.

Expiration date for firearm owners identification and firearms concealed carry license cards conditionally valid due to pandemic

December
2021
Illinois Law Update
, Page 14
The Illinois State Police amended the Firearm Owners Identification (FOID) Card Act and Firearm Concealed Carry Act. In response to the COVID-19 pandemic, the amendment allows holders of expired FOID cards during the pandemic to have conditional renewal up to six months after a proclamation expires or a new card is issued.

Presence of a gun in defendant’s vehicle does not necessarily establish possession of firearm

July
2021
Illinois Law Update
, Page 14
On April 15, 2021, the Illinois Supreme Court affirmed an Illinois Appellate Court judgment that held the state failed to prove a defendant guilty beyond a reasonable doubt of unlawful possession of a firearm by a felon when a police officer found a gun in a minivan driven by the defendant.

FOID Where Prohibited

By Jake Crabbs
May
2021
Article
, Page 32
Constitutional conflicts with domestic violence orders of protection and FOID cardholders.

Discharging the Revocation of a FOID Card

By Rhys Saunders
March
2020
LawPulse
, Page 16
Illinois Supreme Court sides with woman whose FOID card was taken from her by the Illinois State Police.

Gun dealers now regulated by Illinois State Police & failure to record private gun transfers carries criminal liability

April
2019
Illinois Law Update
, Page 14
The General Assembly passed expansive firearm regulation legislation called the Combating Illegal Gun Trafficking Act. The Act brings Illinois State Police oversight to gun retailers as well as provides a penalty for failure to maintain records in private gun sales.

Ban on firearms within 1,000 feet of a public park unconstitutional

April
2018
Illinois Law Update
, Page 16
The Illinois Supreme Court considered the constitutionality of sections 24-1(a)(4) and (c)(1.5) of the unlawful use of a weapon statute ("UUW"), which prohibits an individual from carrying or possessing a firearm within 1,000 feet of a public park.

Gun offenders face stricter sentencing guidelines for unlawful use or possession of firearms

September
2017
Illinois Law Update
, Page 18
A felon convicted of unlawful use or possession of a firearm shall be sentenced to a term of imprisonment not less than 7 years but not more than 14 years.

Concealed Carry Licensing Review Board’s standard does not violate the Second Amendment and is not unconstitutionally vague

August
2017
Illinois Law Update
, Page 18
The first appellate district upheld the Illinois State Police (ISP) and the Concealed Carry Licensing Review Board's rejection of plaintiff's application for a concealed carry license under the Firearm Concealed Carry Act.

JCAR adopts new FOIA rules to comply with recent statutory amendments

May
2017
Illinois Law Update
, Page 16
With this rulemaking, the Joint Committee on Administrative Rules (JCAR) repealed and replaced its rules and procedures pertaining to access to its records to comply with the most recent amendments to the Freedom of Information Act.

Senate bill aims to limit law enforcement agency objections to concealed carry license applicants

August
2016
Illinois Law Update
, Page 18
Currently, the Firearm Concealed Carry Act (430 ILCS 66/15) allows any law enforcement agency to submit an objection to the Department of State Police before an application is considered by the Concealed Carry Licensing Review Board.

The Mental Health and Developmental Disabilities Code reporting requirements and firearm regulations were amended for developmentally disabled persons

March
2016
Illinois Law Update
, Page 26
The Mental Health and Developmental Disabilities Code was amended to change reporting requirements and gun control laws related to developmentally disabled persons.

Aggravated unlawful use of a weapon statute’s FOID card and minor provisions are severable from its unconstitutional provisions

October
2015
Illinois Law Update
, Page 18
On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.

Gun trusts grow more popular with firearms enthusiasts

By Matthew Hector
September
2015
LawPulse
, Page 12
Gun trusts, a useful but controversial estate planning tool, can enable trust users to obtain federally restricted firearms without meeting some requirements imposed on individuals.
2 comments (Most recent August 27, 2015)

Possession of a firearm and ammunition deemed separate offenses

September
2015
Illinois Law Update
, Page 18
On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.

Retired law enforcement officers’ concealed carry permit program

May
2015
Illinois Law Update
, Page 16
To comply with Section 926C of the federal Law Enforcement Officer Safety Act ("LEOSA"), 18 U.S.C. § 926C(c)(4), the Illinois Law Enforcement Training and Standards Board ("Board") has adopted new rules regarding the issuance of concealed carry permits to qualifying retired law enforcement officers.

Concealed Carry Licensing Review Board meetings, policies, and reporting requirements

April
2015
Illinois Law Update
, Page 16
When it became effective on July 9, 2013, the Firearm Concealed Carry Act, 430 ILCS 66/1 et seq., created the Concealed Carry Licensing Review Board ("CCLRB") to consider objections to an applicant's eligibility to obtain a concealed carry license.

High court overturns categorical ban on carrying loaded guns on a ‘public way’

By Matthew Hector
April
2015
LawPulse
, Page 10
The Illinois Supreme Court ruled recently that the state can't categorically forbid carrying an uncased, loaded gun on a "public way" - but that banning minors or non-FOID-card holders from possessing weapons is a different story.

FOID card procedures revised

April
2014
Illinois Law Update
, Page 168
The Department of State Police (the "Department") amended its Firearm Owners Identification ("FOID") card policies, making changes to the application procedure, expiration of the FOID card, sponsorship of a minor, the return of FOID cards, the process of appealing application denials, and reporting requirements for "clear and present danger." 20 Ill. Adm. Code 1230 (eff. Dec. 31, 2013).

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