Red Flag Law and Weapon Limits in Illinois
Whether Illinois has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes, the Firearms Restraining Order Act. A petition may be filed by a family member of the respondent (spouse, former spouse, person with a minor child in common, parent, child, step-child, other relative by blood or present marriage, or a person sharing a common dwelling) or by a law… 430 ILCS 67/5, 67/35, 67/40, 67/45
| Red flag law | Yes, the Firearms Restraining Order Act. A petition may be filed by a family member of the respondent (spouse, former spouse, person with a minor child in common, parent, child, step-child, other relative by blood or present marriage, or a person sharing a common dwelling) or by a law enforcement officer. An emergency order is issued ex parte if the judge finds probable cause of an immediate and present danger; the court must schedule a full hearing within 14 days, and may extend the emergency order for no more than 14 days. A plenary order requires clear and convincing evidence that the respondent poses a significant danger and lasts at least 6 months and up to one year; a hearing on a plenary petition must be ordered within 30 days. The petitioner may seek renewal within the 3 months before expiration, for up to one more year at a time; the respondent may submit one written request during the order to terminate it. Definitions: https://www.ilga.gov/Documents/legislation/ilcs/documents/043000670K5.htm ; emergency orders: https://www.ilga.gov/Documents/legislation/ilcs/documents/043000670K35.htm ; renewal/termination: https://www.ilga.gov/Documents/legislation/ilcs/documents/043000670K45.htm . Re-verified against statute 2026-10-27. |
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| Assault weapons and magazine limits | Yes. Since January 10, 2023 (Public Act 102-1116, the Protect Illinois Communities Act), it is unlawful to manufacture, deliver, sell, import or purchase an assault weapon, assault weapon attachment or .50 caliber rifle or cartridge, and since January 1, 2024 to possess one, unless the person lawfully owned it before the Act and filed an endorsement affidavit with ISP before January 1, 2024. A large capacity ammunition feeding device holds more than 10 rounds for long guns or more than 15 rounds for handguns; sale and purchase are banned, and possession has been banned since 90 days after January 10, 2023, except for devices lawfully owned before January 10, 2023, which may be possessed only on private property, at a licensed range or competition, at a dealer or gunsmith for repair, or while traveling between those places unloaded and in a case. Court status: a federal district court enjoined the Act, but on July 9, 2026 the U.S. Court of Appeals for the Seventh Circuit reversed in Barnett v. Raoul, upholding the restrictions on AR-15s and thirty-round rifle magazines; the challengers' deadline to seek U.S. Supreme Court review was extended to December 4, 2026. Magazines: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K24-1.10.htm ; Seventh Circuit opinion: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026%2FD07-09%2FC%3A24-3063%3AJ%3ASt__Eve%3Aaut%3AT%3AfnOp%3AN%3A3571196%3AS%3A0 ; Supreme Court docket: https://www.supremecourt.gov/docket/docketfiles/html/public/26a404.html Re-verified against statute 2026-10-27. |
More Illinois gun laws
- Concealed Carry in Illinois
- Open Carry in Illinois
- Buying a Gun in Illinois
- All Illinois gun laws rules
FAQ
Does Illinois have a red flag law?
Yes, the Firearms Restraining Order Act. A petition may be filed by a family member of the respondent (spouse, former spouse, person with a minor child in common, parent, child, step-child, other relative by blood or present marriage, or a person sharing a common dwelling) or by a law enforcement officer. An emergency order is issued ex parte if the judge finds probable cause of an immediate and present danger; the court must schedule a full hearing within 14 days, and may extend the emergency order for no more than 14 days. A plenary order requires clear and convincing evidence that the respondent poses a significant danger and lasts at least 6 months and up to one year; a hearing on a plenary petition must be ordered within 30 days. The petitioner may seek renewal within the 3 months before expiration, for up to one more year at a time; the respondent may submit one written request during the order to terminate it.
Does Illinois ban assault weapons or high-capacity magazines?
Yes. Since January 10, 2023 (Public Act 102-1116, the Protect Illinois Communities Act), it is unlawful to manufacture, deliver, sell, import or purchase an assault weapon, assault weapon attachment or .50 caliber rifle or cartridge, and since January 1, 2024 to possess one, unless the person lawfully owned it before the Act and filed an endorsement affidavit with ISP before January 1, 2024. A large capacity ammunition feeding device holds more than 10 rounds for long guns or more than 15 rounds for handguns; sale and purchase are banned, and possession has been banned since 90 days after January 10, 2023, except for devices lawfully owned before January 10, 2023, which may be possessed only on private property, at a licensed range or competition, at a dealer or gunsmith for repair, or while traveling between those places unloaded and in a case. Court status: a federal district court enjoined the Act, but on July 9, 2026 the U.S. Court of Appeals for the Seventh Circuit reversed in Barnett v. Raoul, upholding the restrictions on AR-15s and thirty-round rifle magazines; the challengers' deadline to seek U.S. Supreme Court review was extended to December 4, 2026.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.