Supporting gun ownership and sportsmen's rights in response to the flurry of anti-gun and sport legislation under consideration in Congress and the Illinois State Legislature.

McHenry County Firearm Laws FAQ

 

DISCLAIMER: We here at the MCSA aren't lawyer, nor do we play lawyers on TV, so be sure to check the municipal codes where you live for more details. That said, most of the MCSA membership is pretty keen on following the alteration/development of firearms-related laws through the county, so we might have the info on what is happening.

This is a short list of frequently asked questions (FAQ) written mainly for a non-firearms business audience that may point prospective gun buyers and gun owners in the right direction when dealing with McHenry County's laws. 

Before anything, know that if you want anything to do with guns and ammo in Illinois and are an Illinois resident, you need to obtain your Firearm Owner ID! (The law is here if you really want to read it...) In short, the Illinois State Police handles the paperwork & processing - surf to their page and print out an application for a FOID. 

 

I want to get buy my first gun - what do I do?

Congrats on your decision! I'd urge you to read the Illinois State Police FAQ that deals with the Illinois Firearms Owner ID card and transportation rules.

That said, it's pretty easy, really, since you probably live in McHenry Co:

 

  1. Fill out a FOID application, drop it in the mail and wait ~month till you get your card
  2. Go to a gun store, show 'em your FOID, and fill out a form
  3. Pay for your purchase
  4. If you bought a rifle come back in 1 business day and pick it up. If you're buying a pistol, come back in 3 business days and pick it up.

 

We'd strongly urge you sign up with the NRA or GOA and come out to an MCSA meeting to get in touch with folks that can show you how to use your new purchase safely. Think about it: you didn't learn to drive on your own, right? A firearm, like a car, is a complex machine that you probably don't want to learn by "trial and error" process...

 

Is there gun registration in McHenry Co?

Short answer: No.

Long answer: McHenry county laws don't really add anything to the Illinois FOID laws and since Illinois law doesn't call for registration, it seems that McHenry Co. doesn't either. We're unaware of any other municipal codes/city ordinance that require registration of firearms.

Since you're asking this question, you should know that there ARE several municipalities that DO require firearms registration, such as Chicago. Get familiar with the laws of the cities and counties that you might be travelling through.

Lastly, most of us at the MCSA feel that registration isn't a solution and accomplishes little, except add bureaucracy to the ownership process.


I inherited a Firearm from a relative. Can I keep it?

There is no simple answer... If you inherited a firearm and don't have an FOID, you're technically in violation of the law. Get your FOID before you decide to sell it, keep it, shoot it etc.


Do I need an FOID to shoot at a range? 

Yes, unless you're from another state, then no. (This is a situation where Illinois residents actually have Less rights than other state's citizens... Sheesh...)


If I have a FOID, does my spouse/children need one?

They should get one if they have access to the firearm/keys to the safe/etc! If they have access to the firearm, but don't have an FOID, then they are technically in violation of the law! The Illinois State Police have a section on this regarding minors and firearms - you read that, right?

 

Can I carry a firearm in McHenry Co?

Short answer: No!

Long answer: Concealed carry is illegal throughout Illinois and open carry may only be legal in unincorporated areas where county law doesn't prohibit, though I'm under the assumption that McHenry Co. doesn't allow for open-carry provisions.

That said you are legally within your rights to carry a firearm in your own abode, on your land, or in your fixed place of business according to 720 ILCS 5/24-1.6(a)(1) & (2) 

(Note that if your place of business is outside the county, you probably want to check the municipal code first... For example, even though I work in Chicago, I can't take my guns there.)


Can I engage in a private sale?

Illinois residents can sell to other Illinois residents if they've hold a valid FOID card. (The FOID is essentially proof of a background check.) You can't sell or transfer to someone out of state! 

Finally, make sure you abide by the waiting times and keep your paperwork for at least 9 years.

 

Can I own a semi-automatic weapon in McHenry Co?

If it's legal, sure. There is no such thing as an "assault weapon" ban in this county... In fact, the very idea of an "assault weapon" is legally inconsistent...


Are there magazine capacity restrictions in McHenry Co?

No.


Can I shoot on my land in McHenry Co?

That depends on a lot of things, including zoning and whether you live in a city that prohibts discharge of a firearm. Check with your local PD or the Sheriff. For example, in McHenry and Crystal Lake it is illegal to dishcarge a firearm, airgun, paintball gun, etc. within city limits unless at a sanctioned venue or event. Perhaps in unincorporated areas or more rural areas (Bull Valley, perhaps) folks with larger plots may be able to shoot o their own land.