Subject Index Firearms

On Sept. 20, 2024, the First District of the Illinois Appellate Court held that the state must demonstrate more than just the defendant’s presence in a vehicle where a weapon was found to establish knowledge for convictions of unlawful use of a weapon.

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.

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.

The Firearm Owner’s Identification (FOID) Card Review Board amended the Part entitled Restatement of Firearm Rights to replace emergency amendments.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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 was amended to change reporting requirements and gun control laws related to developmentally disabled persons.

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.

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.

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.

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.