Illinois Carrying Under the Influence Laws

Carrying Under the Influence in Illinois

Illinois law addresses the intersection of alcohol, drugs, and firearm carrying through three statutory frameworks: the Firearm Concealed Carry Act (430 ILCS 66/), the Firearm Owners Identification Card Act (430 ILCS 65/), and general criminal law provisions. The state takes a strict approach, treating substance abuse as a disqualifying factor for licensure, a basis for revocation, and a criminal offense when carrying while impaired.

Prohibition on Carrying While Intoxicated

Under the Firearm Concealed Carry Act, Section 70 (430 ILCS 66/70), it is unlawful for a concealed carry license (CCL) holder to carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof. This is a flat prohibition - there is no threshold blood alcohol concentration (BAC) that triggers the violation. Any degree of impairment from alcohol or drugs while carrying concealed is a violation.

Penalties:

• First offense: Class A misdemeanor (up to 364 days in jail and/or up to $2,500 fine)
• Second or subsequent offense: Class 4 felony (1-3 years imprisonment and/or up to $25,000 fine)
• A violation may also result in suspension or revocation of the CCL by the Concealed Carry Licensing Review Board

Prohibited Locations: Alcohol-Serving Establishments

Under 430 ILCS 66/65, CCL holders are prohibited from carrying concealed firearms in any building, real property, or parking area under the control of an establishment where more than 50% of gross receipts are derived from the sale of alcohol for consumption on the premises. This effectively bars concealed carry in most bars and taverns but not in restaurants where food revenue predominates. The licensee must still comply with posted signage requirements.

CCL Disqualification Based on DUI History

Under the Illinois Concealed Carry License qualifications (430 ILCS 66/25), an applicant is disqualified from obtaining a CCL if they have been convicted or found guilty of:

• Two or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the last five years

This means:

• A single DUI conviction does not automatically disqualify an applicant, but two or more DUI convictions within a five-year window will result in denial of a CCL
• The five-year lookback period is measured from the date of conviction, not the date of offense
• The disqualification applies to DUI convictions from Illinois or any other state, as the statutory language specifies "in Illinois or any other state"
• Convictions outside this rolling window do not count toward this specific disqualification, though they may be relevant to other eligibility criteria

Source: Illinois State Police Firearms Services Bureau, CCL qualification requirements (isp.illinois.gov)

Alcohol and Drug Treatment as a Disqualifying Factor

An applicant for a CCL is also disqualified if they have been:

• In residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last five years

This is a separate and independent disqualification from the DUI conviction rule. Key distinctions:

• No criminal conviction is required - undergoing qualifying treatment alone is sufficient to bar CCL issuance for five years
• The disqualification covers residential treatment (inpatient) and court-ordered treatment, but does not explicitly include voluntary outpatient counseling or support group attendance (e.g., AA/NA meetings) that is not court-ordered
• The five-year clock runs from the date treatment concluded, not the date it began

Source: Illinois State Police Firearms Services Bureau, CCL qualification requirements (isp.illinois.gov)

FOID Card and Substance Abuse Reporting

Illinois maintains a FOID Mental Health Reporting System administered through the Illinois Department of Human Services (IDHS). There is an important federal limitation on what can be reported:

• Federal regulations (42 CFR Part 2) prohibit IDHS from collecting treatment records for alcohol or substance abuse for inclusion in the FOID Mental Health Reporting System
• Alcohol or substance abuse treatment information is not reported to the DHS FOID Mental Health Reporting System
• Critical exception: A physician, psychologist, or qualified examiner is required to report any person who is determined to be a "clear and present danger" to themselves or others - regardless of whether the underlying condition involves substance abuse

This means that while substance abuse treatment records are not automatically fed into the FOID reporting system, a mental health professional who determines a patient poses a clear and present danger must still make a report. Such a report could affect both FOID card validity and CCL eligibility, potentially resulting in revocation of both.

Additionally, under the FOID Act (430 ILCS 65/8), a person may be denied a FOID card or have it revoked if they are determined to be a danger to themselves or others, or if they are a patient in a mental health facility - conditions that may overlap with severe substance abuse disorders.

Source: Illinois State Police Office of Firearms Safety FAQs (isp.illinois.gov)

Misdemeanor Violence Disqualification (Related)

In addition to substance-related disqualifications, a CCL applicant is disqualified if convicted or found guilty of:

• A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years (in Illinois or any other state)

This is relevant to alcohol and drug situations because:

• Alcohol- or drug-related violent incidents (e.g., bar fights, domestic battery while intoxicated) may trigger this separate disqualification even if the DUI threshold has not been met
• A DUI involving injury to another person could potentially qualify as both a DUI-related disqualification and a violence-related disqualification

Source: Illinois State Police Firearms Services Bureau, CCL qualification requirements (isp.illinois.gov)

Enforcement Context: CCL Certification Integrity

Illinois actively enforces the integrity of the CCL qualification process. In March 2025, the Illinois Attorney General obtained a guilty plea from a Sangamon County woman for falsifying concealed carry certifications, demonstrating that the state prosecutes those who attempt to circumvent the training and qualification requirements - including the substance-related disqualifications discussed above.

Source: Illinois Attorney General press release, March 28, 2025

Out-of-State Permits and Illinois Law

Illinois does not recognize concealed carry permits from other states. The case of People v. Williams (Illinois Appellate Court) illustrates this: the defendant held a valid Indiana concealed carry permit but carried a firearm into Illinois without an Illinois FOID card or CCL. He was convicted of Aggravated Unlawful Use of a Weapon (AUUW). The trial court noted that while an out-of-state permit could be considered as mitigation in sentencing, there was no statute or case law allowing it to substitute for Illinois licensure. This is relevant to the alcohol context because an individual who loses their Illinois CCL due to DUI disqualifications cannot simply rely on an out-of-state permit to carry in Illinois.

Source: People v. Williams, Illinois Appellate Court (illinoiscourts.gov)

Summary of Alcohol/Drug-Related Restrictions

Key Statutory and Regulatory References

• 430 ILCS 66/25 - Concealed Carry License eligibility qualifications, including DUI and substance treatment disqualifications
• 430 ILCS 66/65 - Prohibited areas for concealed carry, including alcohol-serving establishments
• 430 ILCS 66/70 - Prohibited conduct while carrying, including carrying under the influence
• 430 ILCS 65/8 - FOID Card denial and revocation grounds
• 42 CFR Part 2 - Federal regulations on confidentiality of substance use disorder patient records (basis for prohibition on reporting substance abuse treatment to FOID Mental Health Reporting System)
• Illinois State Police Firearms Services Bureau - Administering authority for CCL and FOID applications
• Illinois State Police Office of Firearms Safety - FOID Mental Health Reporting System administration