Are Guns Legal in Chicago?
The answer to this question is not a simple yes or no. The legality of guns in Chicago is complex and multifaceted, influenced by both federal and state laws, as well as the city’s own ordinances and policies.
Federal Law
In the United States, the Second Amendment to the Constitution guarantees the right to bear arms. The National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968 set out federal regulations for the possession, sale, and transportation of firearms. However, these laws do not override state and local regulations, which can be stricter.
Illinois State Law
In Illinois, where Chicago is located, gun ownership is regulated by state law. The Firearm Owners Identification (FOID) Card Act requires all firearms owners to possess a valid FOID card, which is issued by the Illinois State Police. To obtain a FOID card, applicants must provide fingerprints, undergo a background check, and pay a fee. The card is valid for 10 years and is required for the possession of firearms, including rifles, shotguns, and handguns.
Chicago Ordinances
Chicago has stricter gun laws than Illinois state law. The Chicago Municipal Code prohibits the possession of handguns, except for retired police officers and military personnel. The code also bans the sale, manufacture, and possession of certain semi-automatic firearms, known as "assault weapons."
Registration Requirements
Chicago requires gun owners to register their firearms with the Chicago Police Department. This registration process includes providing detailed information about the firearm, including the make, model, and serial number, as well as the owner’s name and address. Registration is required for all firearms, including handguns, rifles, and shotguns.
Permits
In addition to registration, Chicago requires gun owners to obtain a permit to carry a firearm in public. There are two types of permits: a Long Gun Owner’s Identification Card, which allows the owner to possess and transport long guns, such as rifles and shotguns, and a Handgun License, which allows the owner to possess and transport handguns. To obtain a permit, applicants must undergo a background check, provide fingerprints, and pay a fee.
Concealed Carry
Illinois passed a concealed carry law in 2013, which allows qualified individuals to carry a concealed firearm. However, Chicago has its own restrictions on concealed carry, requiring applicants to undergo a additional background check and fingerprinting process.
Key Takeaways
- Are guns legal in Chicago? – No, handguns are illegal for civilian possession and carry.
- Illinois FOID card required for firearms ownership.
- Chicago Municipal Code prohibits the possession and sale of certain semi-automatic firearms.
- Registration required for all firearms.
- Permits required for possession and transport of firearms.
- Concealed carry permitted under Illinois law, but subject to additional restrictions in Chicago.
Table: Firearms Ownership and Carry Requirements
| Illinois FOID Card | Chicago Registration | Chicago Permits | |
|---|---|---|---|
| Handguns | Required | Required | Not permitted for civilians |
| Rifles/Shotguns | Required | Required | Permitted with permit |
| Assault Weapons | Banned | Banned | Banned |
| Concealed Carry | Permitted under Illinois law | Additional restrictions apply in Chicago |
Conclusion
The legality of guns in Chicago is complex and regulated by a combination of federal, state, and local laws and ordinances. While the right to bear arms is guaranteed by the Second Amendment, state and local regulations can and do impose stricter limits on gun ownership and possession. In Chicago, the possession of handguns is prohibited for civilians, and other types of firearms are subject to registration and permit requirements.
