ILCS » Chapter 430 · Act 65
Illinois Compiled Statutes

430 ILCS 65/13.1 (2026)

Preemption

✓ current as of May 2026
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(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
    Sec. 13.1. Preemption.
    (a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, the provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.
    (b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act.
    (c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.
    (d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.
    (e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1999–2021 · leading case: Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020).
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Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). · cites it 14× “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Guns Save Life, Inc. v. Ali, 2020 IL App (1st) 181846 (Ill. App. Ct. 2020). · cites it 5× “” 430 ILCS 65/13.1(a) (West 2018). ¶ 78 Section 13.”
Guns Save Life, Inc. v. Ali, 2021 IL 126014 (Ill. 2021). · cites it 2× “Plaintiffs also alleged that the taxes are preempted by the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2020)) and the Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/90 (West 2020)).”
Arie Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015). “) And since plaintiffs do not distinguish between states and other units of local government — according to them, an identical ban enacted by the State of Illinois would also run afoul of the *411 Second Amendment — we need not decide whether only states, which traditionally…”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). · cites it 15× “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
People v. Jaudon, 718 N.E.2d 647 (Ill. App. Ct. 1999). “1 (now at 430 ILCS 65/13.1 (West 1998)) (finding intent of legislature to allow concurrent exercise evidenced by statute providing for validity of municipal ordinances imposing greater restrictions or limitations on the acquisition, possession or transfer of firearms than are…”
City of Chicago v. Haworth, 708 N.E.2d 425 (Ill. App. Ct. 1999). “While the FOIC Act expressly permits municipalities to impose greater restrictions (430 ILCS 65/13.1 (West 1996)), the FOIC Act is not at issue here.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). · cites it 15× “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Matthews v. State of Illinois, The (N.D. Ill. 2019). · cites it 2× “" 430 ILCS 65/13.1(b); see also 430 ILCS 65/13.”
Matthew D Wilson v. Cook Cnty. (N.D. Ill. 2018). “3d at 410–11 (citing 430 ILCS 65/13.1(c)). 5 Though plaintiffs describe Highland Park as “a tranquil town in Lake County,” [23] at 10, with 29,000 residents, and they contrast it with Cook County, which has over five million residents, the town’s tranquility was not decisive to…”
People v. Jaudon (Ill. App. Ct. 1999). “1 now at 430 ILCS 65/13.1 (West 1998) (finding intent of legislature to allow concurrent exercise evidenced by statute providing for validity of municipal ordinances imposing greater restrictions or limitations on the acquisition, possession or transfer of firearms than are…”
City of Chicago v. Haworth (Ill. App. Ct. 1999). “While the FOI Act expressly permits municipalities to impose greater restrictions (430 ILCS 65/13.1 (West 1996), the FOI Act is not at issue here.”
430 ILCS 65/13.1(a): 1 case
Guns Save Life, Inc. v. Ali, 2020 IL App (1st) 181846 (Ill. App. Ct. 2020). “” 430 ILCS 65/13.1(a) (West 2018). ¶ 78 Section 13.”
430 ILCS 65/13.1(b): 5 cases
Guns Save Life, Inc. v. Ali, 2020 IL App (1st) 181846 (Ill. App. Ct. 2020). “” 430 ILCS 65/13.1(a) (West 2018). ¶ 78 Section 13.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Matthews v. State of Illinois, The (N.D. Ill. 2019). “" 430 ILCS 65/13.1(b); see also 430 ILCS 65/13.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
430 ILCS 65/13.1(c): 6 cases
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Arie Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015). “) And since plaintiffs do not distinguish between states and other units of local government — according to them, an identical ban enacted by the State of Illinois would also run afoul of the *411 Second Amendment — we need not decide whether only states, which traditionally…”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2018)). Deerfield interpreted this legislation as providing a brief window for home rule units to regulate assault weapons.”
Matthew D Wilson v. Cook Cnty. (N.D. Ill. 2018). “3d at 410–11 (citing 430 ILCS 65/13.1(c)). 5 Though plaintiffs describe Highland Park as “a tranquil town in Lake County,” [23] at 10, with 29,000 residents, and they contrast it with Cook County, which has over five million residents, the town’s tranquility was not decisive to…”
430 ILCS 65/13.1(e): 2 cases
Guns Save Life, Inc. v. Ali, 2020 IL App (1st) 181846 (Ill. App. Ct. 2020). “” 430 ILCS 65/13.1(a) (West 2018). ¶ 78 Section 13.”
Guns Save Life, Inc. v. Ali, 2021 IL 126014 (Ill. 2021). “Plaintiffs also alleged that the taxes are preempted by the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/13.1 (West 2020)) and the Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/90 (West 2020)).”
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