What You Can and Cannot Do with Concealed Carry in Illinois

weapons offense charges, concealed carry, FOID, Naperville criminal defense lawyers, concealed carry permitThe Illinois State Police Department must issue a concealed carry permit for handguns to any individual age 21 or older who completes the required 16-hour training course and holds a Firearm Owner’s Identification (FOID) card. The state imposes numerous limits on concealed carry permit holders, including the right of any law enforcement agency to object to issuing such a permit to an individual who the agency reasonably believes to be a hazard to him- or herself or others.

Other limits include which types of firearm may be carried in a concealed manner and where they may be taken. Violations of Illinois’ concealed carry law are grounds for weapons offense charges.

The Importance of the FOID

A FOID card is not the same as a concealed carry permit. In order to obtain a concealed carry permit, an individual must present a FOID card, but the FOID card itself does not grant the right to concealed carry. This card grants the right to legally purchase and possess firearms and ammunition.

Where Concealed Carry is Prohibited

The open carrying of firearms is prohibited throughout Illinois except for the following circumstances:

  • When hunting;
  • In one’s home; and
  • In a place of business if the business owner consents to the firearm.

In other circumstances, individuals without concealed carry permits are not permitted to transport firearms without concealed carry permits unless the firearms are unloaded and enclosed in firearm boxes, cases, or other containers, if the firearms are broken down or otherwise nonfunctioning, or if they are otherwise not accessible.

Concealed carry holders may not bring their firearms into government buildings, schools, hospitals, public transportation, all bars and restaurants that earn more than half of their revenue through alcohol sales, or onto any private property where the owner prohibits them.

Penalties for Concealed Carry Violations

Carrying a concealed, loaded firearm without a valid permit to do so is a Class A misdemeanor for one’s first offense and a Class 3 felony for any subsequent offenses. For a Class A misdemeanor, a defendant faces up to one year in jail and a fine of up to $2,500. For a Class 3 felony, the penalties are two to five years in prison and a fine of up to $25,000.

Entering a prohibited area carrying a concealed firearm is a Class B misdemeanor for one’s first offense and a Class A misdemeanor for his or her subsequent offenses. Penalties for a Class B misdemeanor conviction include up to six months in jail and a fine of up to $1,500. Further, those convicted of this offense must pay a $150 fine to support the Mental Health Reporting Fund and are subject to a license suspension. For a third or subsequent conviction, the holder’s permit must be revoked.

Work with an Experienced Naperville Criminal Defense Lawyer

A violation of the concealed carry law can void your right to continue to purchase firearms or hold a concealed carry permit in the future. If you are facing a weapons charge, contact our team of passionate Naperville criminal defense lawyers at Law Office of Glenn M. Sowa, LLC today to set up your initial consultation in our office.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

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