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Know the Laws: Illinois

UPDATED September 19, 2017

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Below is information about state gun laws in Illinois.  A restraining order or criminal conviction may make it illegal for an abuser to have a gun.  However, in addition to these state-specific laws, there are also federal gun laws that could apply.  To fully understand all of the legal protections available, it is important that you also read the Federal Gun Laws pages.  Please consider getting in touch with a domestic violence advocate in your community for more information on gun laws in your area.

Please consider getting in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find help in your area, please go to the IL Where to Find Help page.

Guns and Criminal Convictions

back to topIf the abuser has been convicted of a crime, can s/he keep or buy a gun?

IL state law says that anyone who has been convicted of any felony cannot have or buy a gun.*  Additionally, federal laws, which apply to all states, also restrict a person's right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.

* 720 ILCS 5/24-1.1(a)

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back to topHow can I find out if the abuser has been convicted of a crime?

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

 

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