Illinois has relatively strong laws to disarm hate.
Access to Guns for People Convicted of Hate Crimes in Illinois
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| u003cstrongu003eFederal Lawu003c/strongu003e | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
| u003cstrongu003eState Lawu003c/strongu003e | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
Illinois’ hate crime statute makes it a felony to commit specified crimes, including assault, aggravated assault, battery, and intimidation, “by reason of [the victim’s] actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin.”1 (Ethnicity and gender identity are not included as protected categories).
Illinois does not specifically prohibit people from accessing firearms on this basis, but like federal law,2 generally prohibits people from accessing firearms if they have been convicted of a felony.3 Illinois law also generally prohibits people from accessing firearms for five years after they have been convicted of specified violent offenses involving the use or presence of a firearm.4
More broadly, Illinois also generally classifies violent crimes as felonies if they involve “great bodily harm,” infliction of physical harm with a firearm,5 threats involving the discharge of a firearm,6 or other threats of violence constituting criminal “intimidation,”7 so individuals convicted of hate-motivated conduct under these criminal statutes, or under Illinois’ felony hate crime statute, are both prohibited from accessing firearms under state and federal law in Illinois.
However, Illinois typically classifies other violent crimes as misdemeanors, including offenses involving intentional infliction of bodily harm,8 and credible threats of violence.9 People convicted of these misdemeanors are only restricted from accessing firearms (1) for five years under Illinois law if they committed their crime with the use or presence of a firearm, or (2) under state and federal law if their conduct was prosecuted as a felony hate crime.
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- 720 Ill. Comp. Stat. 5/12-7.1(a).[↩]
- Federal law generally prohibits people from accessing guns if they have been convicted of a felony punishable by over one year in prison, or a state law misdemeanor punishable by more than two years. 18 U.S.C. § 922 (g)(1); 921(a)(20)(B).[↩]
- In order to purchase a firearm in Illinois, a person must obtain a Firearm Owner’s Identification Card (“FOID”) issued by the Illinois state police; applicants are ineligible for a FOID Card if they have been convicted of a felony, including a felony hate crime. 430 Ill. Comp. Stat. 65/4(a)(2)(ii); (vii); 430 Ill. Comp. Stat. 65/2(a). See also, 720 Ill. Comp. Stat. 5/2-7 (noting that felonies are punishable by one year or more in prison). [↩]
- 430 Ill. Comp. Stat. 65/4(a)(2)(viii).[↩]
- See, e.g., felony “Aggravated battery,” 720 Ill. Comp. Stat. 5/12-3/05(a).[↩]
- See, e.g., felony “Aggravated assault,” 720 Ill. Comp. Stat. 5/12-2(c). (d).[↩]
- 720 Ill. Comp. Stat. 5/12-6.[↩]
- See, e.g., misdemeanor “Battery,” 720 Ill. Comp. Stat. 5/12-3.[↩]
- See, e.g., misdemeanor “Assault,” 720 Ill. Comp. Stat. 5/12-1, and “Aggravated assault,” 720 Ill. Comp. Stat. 5/12-2(c)(1). (d).[↩]