Unless specifically exempted by statute, any
Illinois resident who acquires or possesses
firearms or firearm ammunition within the state
must have in their possession a currently valid
Firearm Owner’s Identification (FOID) card
issued in his or her name.
Answers provided to the following questions
are meant only to give general guidance
regarding transporting firearms and ammu-
nition. The answers do not and are not
meant to replace statutory language.
How can I legally transport a firearm on
my person or in my vehicle?
Three statutory codes regulate the possession, trans-
fer, and transportation of firearms – the Criminal
Code, the Wildlife Code, and the Firearm Owner’s
Identification Act.
Under Unlawful Use of Weapons (UUW) in the
Criminal Code, persons who have been issued a valid
FOID card may transport a firearm anywhere in their
vehicle or on their person as long as the firearm is
unloaded and enclosed in a case, firearm carrying
box, shipping box, or other container. Firearms that
are not immediately accessible or are broken down in
a non-functioning state may also be carried or trans-
ported under the Criminal Code. The Wildlife Code,
however, is more restrictive. It requires that all
firearms transported in or on any vehicle or con-
veyance be unloaded and in a case. Because of this, it
is recommended that, in order to be in compliance
with all statutes, all firearms be transported:
1. Unloaded, and
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Unless specifically exempted from UUW, a person
commits a Class 4
Felony if he or she
carries or possesses
a firearm contrary
to the aggravated
UUW law of the
Criminal Code (i.e.,
unlawfully carries on their person or illegally trans-
ports a firearm in a vehicle) AND one or more of the
following aggravating factors apply:
1. The firearm possessed was uncased, loaded, and
immediately accessible at the time of the offense;
2. The firearm possessed was uncased, unloaded,
and the ammunition for the weapon was imme-
diately accessible at the time of the offense;
3. Does not have a valid FOID card;
4. Was previously adjudicated of a Felony as a
juvenile;
5. Was engaged in a Misdemeanor violation of
the Cannabis Control Act or the Controlled
Substances Act;
6. Is a member of a street gang;
7. Has had an Order of Protection against them in
the last two years;
8. Was engaged in the commission or attempted
commission of a Misdemeanor involving the
use of violence against another person or the
property of another; or
9. Is under 21 years of age and in possession of
a handgun, unless the person is engaged in
lawful recreational activities such as: practice
shooting on targets upon established public or
private target ranges, or hunting, trapping, or
fishing in accordance with the Wildlife Code or
the Fish and Aquatic Life Code.
What constitutes a legal “case”?
The Criminal Code refers to “a case, firearm carrying
box, shipping box, or other container.” However, the
Wildlife Code is more specific, defining case as “a con-
tainer specifically designed for the purpose of housing a
gun or bow and arrow device which completely enclos-
es such gun or bow and arrow device by being zipped,
snapped, buckled, tied, or otherwise fastened, with no
portion of the gun or bow and arrow device exposed.”
How do the differences in these two laws
affect me for the purposes of the Unlawful
Use of Weapons law?
It is recommended that persons transport their
firearms only unloaded and in a case in order to be
fully compliant with all statutes. A firearm transport-
ed in a container other than a case, while engaged in
activities covered by the Wildlife Code, could subject
an individual to a charge of Class B Misdemeanor
under the Wildlife Code, but would not be consid-
ered Unlawful Use of Weapons if the container were
a “firearm carrying box, shipping box, or other con-
tainer” as provided in the Criminal Code.
If I fail to zip up the case entirely, will I be
guilty of a felony?
No, as long as the firearm is unloaded, and none of
the aggravating factors of the Unlawful Use of
Weapons law are present. The way to avoid this situ-
ation is to make sure firearm cases are completely
zipped or otherwise completely fastened shut.
What is immediately accessible?
The test is if a reasonable person would conclude that
the firearm is located within relatively quick reach.
What is broken down in a non-functioning
state?
The firearm is disassembled, making it inoperable,
e.g., slide or barrel removed.
Does a firearm have to be broken down to
be legal?
No. However, it is recommended that to transport a
firearm it be unloaded and encased, and possessed by
the holder of a valid FOID card.
How can I legally transport my firearm in
my Sports Utility Vehicle (SUV), pickup
truck, van, station wagon, or even a
motorcycle?
The surest way is to have the firearm unloaded
and enclosed in a case, and to make sure your FOID
card is valid.
How do I transport a firearm through an
Illinois community with an ordinance that
prohibits firearms or handguns?
Illinois’ Unlawful Use of Weapons law does not pre-
empt local ordinances from banning firearms.
Persons carrying or transporting firearms through
such communities could be subject to local firearm
ordinances. Federal law does attempt to provide lim-
ited protection in these circumstances, but when