Illinois Air Rifle Laws Explained
Air rifles are not as simple as they seem to be, for Illinois law. As such, this discussion will attempt to cover the basics of Illinois Air Rifle laws.
Illinois law differentiates between air guns, BB guns, and many other terms. The Illinois Department of Natural Resources has much more detail on these distinctions. Additionally, the Illinois State Police have some information on these guns in their "Firearm Owner’s Guide" and also on their website . Moreover, there are many other resources for additional guidance.
Here is a basic outline of Illinois law on air rifles, but again this is only a brief overview and is not an exhaustive list of every regulation:
When you get into the details of these laws, you will almost certainly need to consult with an attorney knowledgeable in these issues to sort out the distinctions.
The Minimum Age To Use Air Rifles
In Illinois, as in many other states, the law imposes strict age restrictions on who is legally permitted to possess and use an air rifle. Air rifles generally fall under the same category as BB guns and pellet pistols, falling into the broad classification of "air guns" that are bounded by a shared set of regulations within the Illinois Compiled Statutes. In fact, it is very common across the nation to apply an "air gun" regulation to all types of air-powered devices because they are all manufactured with the same underlying components and differing only by the projectile they’re firing.
Immediately off the bat, the law requires that air guns only be possessed and used by persons over 13 years of age. Owners or users of these firearms must be at least 13 years of age at the time of use and possession. It is further required that these devices be used without malice, specifically avoiding the intention of maiming, injuring or killing any person or animal.
Importantly, these laws are not simply loose guidelines handed down by law-makers for the sake of public safety. Rather, there are concrete legal consequences for violating these terms. Beyond simply being prohibited from physically possessing an air rifle, the law imposes a felony charge of unlawful use of an air rifle that applies to two primary categories of individuals: 1) a person under the age of 13 who violates the statute; and 2) a person older than 13 years but less than 18 years who possesses or uses an air rifle in a manner that puts another person in reasonably perceived danger of physical harm.
The punishment for a first offense of using an air rifle negligently toward another person under the age of 13, or when applying such danger to an individual over 13 years of age, is a Class 4 felony, which incurs a punishment of one to three years in prison, and fines of up to $25,000.
These laws were written with a concern for safety, but there are still ways for a reasonably intelligent and well-educated user of an air rifle to employ a device within the scope of the law. Anything beyond this, however, subjects the individual to criminal enforcement at the state level.
Where Air Rifles May Be Used
Air rifles in Illinois may be shot on private property. There are no statewide laws prohibiting the discharge of air rifles anywhere in Illinois, but a person may not discharge an air rifle on or near public property or . . . any "forest preserve, game sanctuary or minnow preserve, or on or in any place where game animals, game birds, or song birds are protected by law." 520 ILCS 5/2.33. Air rifles may not be shot in a manner which may strike a neighboring property, "so as to cause a threat to public safety." 520 ILCS 5/2.33. Private property is property possessed by a person or group of people.
Air Rifle Licenses And Permits
Licenses and Permits
The only applicable law in Illinois is that no person shall "knowingly place, any device capable of projecting a projectile of any kind by means of air, gas or spring loaded mechanism." 720 ILCS 5/24.8). Otherwise, there are no other licenses or permits required to own or operate an air rifle in Illinois.
Carrying Air Rifles In Illinois
The law does not define the term "properly enclosed container." However, generally an enclosed container is defined as a sturdy storage or moving box, or any other container that at a minimum is secured with a lockable latch. It is not enough to store a cocked and loaded Air Rifle under the front seat of your car, or in your glove box.
As a practical matter , this means that the air rifle must be unloaded and secured in a locked container in the trunk of your car, pickup, SUV or similar vehicle. Alternatively, a locked cap for the air rifle barrel (usually made of metal) can be used, and the air rifle can then be placed on the floor of the rear seat area with the barrel towards the floor.
Consequences Of Breaking Air Rifle Laws
In Illinois, if a person violates the laws concerning possession of air rifles, it will be deemed a class 3 misdemeanor and the violator will be fined up to $250. Although this may not seem like a serious offense, repeat violations and further offenses rather quickly add up and can leave a lasting mark on you. A class 3 misdemeanor is treated more seriously than a simple ticket. A class 3 misdemeanor conviction is much more similar to an actual criminal conviction, as opposed to a simple finding of local ordinance violation.
A class 3 misdemeanor conviction in Illinois includes a period of confinement not to exceed 30 days and/or a fine not to exceed $500. A class 4 felony, which is what one will be found guilty of when a person violates 720 ILCS 5/24-2(a)(6), is punishable by up to three years in prison and/or a fine of up to $25,000. Here are some of the most common problems we see in this area which can land you in serious criminal trouble:
Punishments include all of the above, plus a felony conviction.
Air Rifle Exceptions And Exemptions
Although common sense would dictate that only licensed hunters need be concerned with their homes state’s laws and regulations governing the use of air rifles, there are exceptions for sporting events, hunting and, historically, military theatrics. Some of these exceptions occur at the local level by city ordinance or county regulation, while others are on the state level.
Whatever the reason, if you plan to go air rifling in the Land of Lincoln, you should understand that the law makes certain "exceptions" to these ordinances. The most significant such exception is for air rifling when hunting. For example, box blinds constructed primarily of natural foliage including but not limited to grass, reeds, woody shrubs and other plants are exempt from the general prohibition on shooting into or across roadways. Though not an exception to the prohibition itself, the General Assembly will allow an exception for hunting vehicles which are being operated in accordance with law and temporarily stopped and located for deer hunting are exempt from the prohibition on firing a rifle or a shotgun across a roadway within 300 feet of the roadway. In addition, the prohibition on the discharge of firearms and air rifles near schools does not apply in cities with a population under 500,000 which have not adopted a local ordinance to the contrary.
According to Airgun Source, there are also legal exemptions for competition and/or recreational use of air rifles. For example, the City of Aurora permits the use of pellet guns, BB guns, and air rifles (for target shooting) which are of the type usually known as spring guns or air pistols, on property owned by the resident. Such use must take place on private property that is at least 5 acres in size and that is not less than 1,320 feet in length and 660 feet in width.
The general prohibition on discharge of firearms and air rifles near schools does not apply in cities or towns of over 500,000 that have not adopted an ordinance providing for a more restrictive regulation.
Prior to 2001, the display of mounted cannons, mortars, artillery and paraphernalia pertaining to military engagment were only permitted on special days approved by the governor of Illinois. Public displays on the 4th of July and at Civil War reenactments, memorials and monuments were permissible upon advance approval by state officials. The same rule applied to the discharge of air rifles and other replica implements of war, as long as the air rifles and cannon were not used in connection with the production of a commercial motion picture.
Illinois Air Rifle Laws Compared To Other States
Illinois’ air rifle laws are among the strictest in the nation, particularly in comparison to surrounding states. Neighboring states like Missouri, Iowa, and Kentucky are less restrictive in their air rifle laws and much closer to being either ambivalent or more permissive about what type of air rifle you own or trigger-pull laws.
In Missouri, an air rifle is basically considered a toy. State statutes only mention BB guns or pellet guns in one circumstance: the unlawful use of a weapon. And even that section doesn’t make it illegal to own. It merely requires that an individual who has such a weapon inside their home place an orange or fluorescent red identification on them to identify them as imitation weapons, and not lethal ones. 302.285 R.S.Mo.
Iowa has a slightly more in-depth set of statutes that includes BB guns. They consider a BB gun an air gun, still a toy, but have actual misdemeanor penalties for misdemeanor and felony charges. Theoretically, a 16-year-old could be charged with a felony for shooting birds with a BB gun within township limits. Code Ann. 724 . 4 I.C.A.
Kentucky does not specifically mention air rifles (as oppossed to air handguns), but both air pistols and air rifles are considered to be firearms by the Department of Fish & Wildlife Resources. Air guns do not require any special permission to own or use and are considered to be just as dangerous as real guns can be in one’s possession.
There are not many other states that have statutes mentioning air guns; the list of those includes New York and Delaware. But out of state that don’t have the same kind of restrictions and rules as Illinois, Texas has an exemption clause in their law about air rifles. TX ST ยง1.07
However, in Illinois, air rifles are far from "toys," "books," or so-called "discoveries." Many Illinoisans have found themselves on the wrong side of the law simply for possessing an air rifle or selling one without a license. There are too many charges levied against those who mistakenly tried to sell an air rifle legally, and many individuals have been fine thousands of dollars just because they weren’t aware of the law in Illinois.