This treatise is intended to clarify Illinois laws regarding transportation and carry of firearms by out-of-state residents. For all practical purposes, Illinois does not grant concealed carry reciprocity with any other state. But Illinois does offer limited recognition to non-residents who are duly firearms-licensed in their own respective states. As expected, law enforcement officers and other duly authorized government officials are exempt from these Illinois restrictions.
Under the Illinois Firearm Concealed Carry Act, 430 ILCS 66/40 (b) revision 8/20/2021, Illinois may allow for non-resident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are “substantially similar” to Illinois’s concealed carry licensing requirements. As of January 2020, the Illinois State Police recognized the CCL/CCW (or corresponding designation) of six states (Arkansas, Idaho, Mississippi, Nevada, Texas, and Virginia) as being substantially similar to Illinois’s. But very few law enforcement officers, prosecutors, or firearms owners are aware of this obscure provision. The Illinois State Police apparently has not updated its approved state roster since January, 2020. Based upon a current survey, the previously approved out-of-state licensing regimens almost certainly would not satisfy Illinois’s “substantially similar” criteria anymore. As such they would be ineligible for an Illinois CCL. Realistically, no out-of-state firearm carry license legally allows general carry in Illinois.
Fortunately, all out-of-state carry licensees are accorded limited carry rights here. Section 40 (e) of the IL Firearm Concealed Carry Act declares that “Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident: (1) is not prohibited from owning or possessing a firearm under federal law; (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable.” Section 40 (e) goes on to stipulate that “If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.”
Section 65 (b) of the IL Firearm Concealed Act elaborates on the firearm storage provision, i.e., “any licensee … shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle … only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.” There are two expressly forbidden exceptions to this parking area provision: 1) land, buildings, etc., under the authority of federal laws; and 2) nuclear reactor sites, buildings, land, etc.
Chicago and Illinois both have 15-round limits on pistol magazine capacity. However certain home rule units (including Cook County and several Chicago suburbs) have 10-round mag capacity restrictions. Bear in mind that such laws pertain specifically to magazine capacity rather than the number of cartridges within the magazine (e.g., having 15 rounds in a 17-round mag would be illegal). The magazine capacity restrictions are legally enforceable, though very few persons have been arrested or prosecuted for violations. Nevertheless, I recommend compliance with any such restrictions and especially in Cook County. Incidentally, no state law, county, or local ordinance limits the number of magazines a duly-licensed person may have or transport.
It’s always smart to thoroughly research state, county, and local firearms and related laws (including use of force) before visiting or traveling through your destination.
