Illinois Non-Resident Concealed Carry – Current Status

Overview

The Illinois Firearm Concealed Carry Act, passed in 2013, does not allow most non-residents to carry a concealed firearm in Illinois.  To carry a concealed firearm in Illinois, a Firearm Concealed Carry License (FCCL) issued by the State of Illinois is required.  Many other states have elected to recognize the Illinois FCCL, but Illinois doesn’t recognize any licenses from other states, nor does it offer reciprocity with other states.

To get an FCCL, a non-resident must be from a state deemed to be “substantially similar.” Unless this criterion is met, a non-resident can’t even apply for a license.  There are additional requirements for the non-resident applicant that include a $300 fee (double the resident rate), completion of an affidavit and the 16-hour Illinois CCL training,  and possession of a license or permit from his or her home state.

At the present time (Feb 2017), only four states meet the requirements to be considered substantially similar: Virginia, Texas, Mississippi, and Arkansas.  The previous list in place since 2014 (Hawaii, South Carolina, New Mexico, and Virginia) is no longer valid, with only Virginia remaining.

Residents of neighboring states, such as Missouri, Wisconsin, Indiana, Kentucky, and Iowa, are not able to carry a concealed firearm in Illinois since none of those states are considered substantially similar.  Furthermore, military members stationed in Illinois on orders (typically 2-4 years duration) can’t get a license, either, unless they either identify one of the substantially similar states as “home” or decide to become residents of Illinois.

There are a couple of exceptions to the prohibition on nonresidents carrying without a license: specifically, they may carry a loaded and concealed firearm in a vehicle if they possess licenses to carry from their home states; and with permission, they may carry on private property.

Statute and Administrative Code

The FCCA uses this language in 430 ILCS 66/40:

(a) For the purposes of this Section, “non-resident” means a person who has not resided within this State for more than 30 days and resides in another state or territory.

(b) The Department shall by rule 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 the requirements to obtain a license under this Act.

Note the use of the word “applications” (clarifying this section is addressing who can apply for a license–it has nothing to do with reciprocity or recognition), and “substantially similar” (identifying states whose residents qualify to apply).

The Illinois State Police, through the Joint Commission on Administrative Rules, in Illinois Title 20, Section 1231.10, further defines “substantially similar” as such:

“the comparable state regulates who may carry firearms, concealed or otherwise, in public; prohibits all who have involuntary mental health admissions, and those with voluntary admissions within the past 5 years, from carrying firearms, concealed or otherwise, in public; reports denied persons to NICS; and participates in reporting persons authorized to carry firearms, concealed or otherwise, in public through NLETS.”

NICS is the National Instant Criminal Background Check System (which facilitates background checks for firearm sales) administered by the FBI.  NLETS is the National Law Enforcement Telecommunications System, a voluntary information-sharing network in which many states participate.

Substantally Similar Surveys and Results

The ISP evaluates a state by collecting a written survey from each one, and depends exclusively upon a state’s responses to that survey to determine eligibility of its residents.

A consolidated interpretation of their findings (from the 2013-2014 surveys) is in this spreadsheet.  A majority of states lacked one primary criteria: they did not prohibit individuals with voluntary mental health admissions from carrying firearms.  As the spreadsheet shows, as of 2014 only four states met the criteria: Virginia, New Mexico, Hawaii, and South Carolina.

In Aug 2016, through a Freedom of Information Act request, I obtained the latest set of survey results for each state.  The ISP collected these surveys in the 4th quarter of 2015.  Responses are attached here (warning: file size is 96 MB, so be patient!).

In this latest round of surveys, of the four states on the 2014 substantially similar list, two (South Carolina and New Mexico) do not claim to prohibit use or possession of firearms by individuals who have been voluntarily admitted for mental health treatment. A third state, Virginia, claims to prohibit use or possession by those admitted voluntarily, but relies on the individual to self-report.  Neither South Carolina nor Hawaii report to NLETS.

You’ll note a striking similarity between NM, SC (approved) and many others (not approved) as you scroll through the survey responses.  Also note that Texas and Mississippi answered “yes” to all questions, theoretically qualifying both states as substantially similar.

New (2 Sep 2016): I’ve consolidated all available survey responses and the ISP’s determination of “substantial similarity” into this spreadsheet.  Please review sheets 2 and 3, since they explain the table on sheet 1.  There may be errors–if you catch any please let me know.

Update (9 Feb 2017): The ISP revised its list of substantially similar states, presumably based on the 2015 surveys, effective 2 Feb 2017.  The new list is now Virginia (the only one left from before), Texas, Mississippi, and Arkansas.  The ISP sent no surveys during 2016, so we don’t expect any near-term changes to this list without legislative or court action.

Initiatives

Legislative:

  • Several bills have been introduced into the General Assembly since Jan 2014 in an effort to redefine “substantially similar” or to expand the definition of “resident” to include military members and/or spouses who are stationed in Illinois.  The best progress to date has been seen with Senate Bill (SB) 553, which passed the Senate in May 2016 (53 to 1).  Unfortunately, the House refused to act, so with the start of the new 100th General Assembly in Jan 2017 the slate was wiped clean.
  • Senator Weaver (R-Peoria) introduced Senate Bill 1524 in January 2017 to help nonresident military members qualify for a carry license.  This one is gaining steam with the committed and able assistance of  IllinoisCarry. It passed out of the Judiciary Committee on 14 March 2017, and unanimously through the Senate in May 2017. It now sits in the House and has remained there without action since mid-May.

(Updated 7 Nov 2017) Judicial: Two lawsuits are underway.

  • In Culp v. Madigan, plaintiffs are not residents of Illinois but spend a considerable amount of time in the state. They are seeking the right to carry a firearm in the state of Illinois as non-residents. A preliminary injunction was denied in Dec 2015 by the Central District Court of Illinois.  It was appealed to the 7th Circuit Court of Appeals and oral arguments were held Sep 22, 2016, in front of a panel of 3 judges (Posner, Bauer, and Manion).  The court released its opinion in October 2016 and unfortunately ruled against the plaintiffs.  This case was referred back to the Central District Court for summary judgment. The court ruled against the plaintiffs in Sep 2017. It has now been appealed to the 7th Circuit Court of Appeals once again. (See Appellants’ brief here.)
  • In Meyers v. Schmitz, the plaintiff was a resident of Illinois but moved to a state not approved as substantially similar, and lost his CCL as a result of that move.  He seeks to reinstate his license.  The case is actively being addressed in the Sangamon County Circuit Court.

I will keep this post as current as possible when there is a change in status.

 

 

19 Responses to Illinois Non-Resident Concealed Carry – Current Status

  1. Hey Sir, Can I get e mail updates ASAP as I wish to apply for a Non Resident CCW Permit in IL because I work there everyday from my home in Missouri

  2. admin says:

    The best thing to do would be to track this page through a service like ChangeDetection.com (free), which will notify you of any changes.

    Be aware that things move at glacial speed in Illinois. Just last week the Illinois State Police updated the list, after almost three years with no changes. I’m getting ready to revise this page accordingly. The three states are now VA, TX, MS, and AR. Surprise!!!

  3. Doug Mitchell says:

    I obtained a CCL in Ill., made the mistake of getting an AZ drivers license to purchase a new gun. My mistake. Revoked my CCL & FOID. Under appeal for 4 months. Everything is in order, but I forgot, the political jobs in my state are political jobs. Honest, law abiding citizens can’t carry but all the fun guys in my Chicago can?? Illinois is the worst state in the union to help it’s overtaxed good citizens! DONE

  4. admin says:

    Unfortunately, your appeal is unlikely to go anywhere. You would need to become a resident of Illinois (or another substantially similar state), as evidenced by your driver’s license, and reapply for a CCL.

  5. James Wagner says:

    I left Illinois December 7, 1981 and will now NEVER return until THE SOCIALIST STATE OF ILLINOIS honors my second amendment rights.

  6. jerome jackson says:

    I have a ccl in the state
    of Wisconsin. I travel through Illinois . I had a foid card
    in Illinois. I also took The 21 hour course with the reserve deputy sheriffs department
    Lake county illinois, I spent 12 years with lake county sheriffs department. Reserve Deputy. It would be nice to not have to unload and lock my firearm to go through Illinois. I understand the problems in illinois How ever I feel at risk traveling through illinois. I am 84 years old . And prime for the attacks from the idiots in illinois. Will they ever change the law. It would be nice to stay armed while driving through illinois.

  7. admin says:

    Jerome, if you are a WI resident with a WI CCL, you CAN carry your loaded, concealed firearm when traveling through Illinois as long as you keep it in the car. If you need to exit either put it in the car (locked or in a locked case) or empty it first and take it with you in a case. The IL concealed carry statute explicitly provides for this procedure for those who are allowed to carry a concealed firearm in their home states.

  8. Frank Gambino says:

    I was an illinois resident and moved to another state. I still have home in illinois but no longer a resident. Can I legally keep a fire arm in the Illinois house.

  9. admin says:

    Yes. The FOID act contains exceptions for non-residents. As long as you are legally allowed to own a firearm in your home state, and the firearm itself isn’t prohibited in Illinois, you may possess it in Illinois in your Illinois home.

    See Section 2.(b) of the FOID Act, 430 ILCS 65. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

  10. Jeremy Doss says:

    I was an Illinois resident but move East to Maryland but I still own a house and have a real estate business in Illinois. Can I obtain an Illinois CCL?

  11. admin says:

    Unfortunately, if you now have a MD driver’s license, you can’t get an IL CCL. Owning property in IL isn’t enough; you need an IL driver’s license.

  12. Tay says:

    I’m from Wisconsin and I hand my loaded gun in my girlfriend car and she got stop and they took the gun

  13. Tay says:

    In Illinois

  14. admin says:

    I assume she didn’t have a license to carry from her home state? If she didn’t, her situation could have been worse than just having the firearm confiscated.

  15. Tay says:

    So would I get in trouble when I call up to the police station to get my Property

  16. Tay says:

    How would this play out ?

  17. Tay says:

    I have a ccw and.I live in Kenosha wi I forgot my gun was in my girl friend car loaded with one in the chamber she got stop by Illinois police and they found the gun.would I be charge with something for accidentally leaving my gun in the car?

  18. Jerry says:

    Not sure when this was last updated, but it seems to jive with other more recent info I’ve found.

    Understanding that this is mostly an issue on the IL legislature’s side, are there other avenues that can be used to nudge IL or neighboring states into establishing more common reciprocity, or the ability to obtain an IL permit?

    I live in WI but am originally from IL with family still located there, and may be traveling there for work more in the near future. It seems absurd that even outside of reciprocity with my WI CCW, there is not an option to complete the identical training that IL residents must undergo and then be able to apply for a non-resident permit, in order to legally carry in a neighboring state that I frequent.

  19. admin says:

    Other than lobbying the legislature, which will resist you tooth and nail, I’m not sure there is much that can be done. We tried the lawsuit route. Two rounds to the 7th Circuit Court of Appeals and an appeal to SCOTUS were unsuccessful.

    I live in Ohio now and haven’t followed Illinois CCL issues as closely, but recommend you get involved with IllinoisCarry.com. Great organization and advocate for all things CCL.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.