ILCS » Chapter 520 · Act 5
Illinois Compiled Statutes

520 ILCS 5/2.1 (2026)

The ownership of and title to all wild birds and wild mammals within the jurisdiction of the State are hereby declared to be in the State, and no wild birds or wild mammals shall be taken or killed, in any manner or at any time, unless the person or persons so taking or killing the same shall consent that the title thereto shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale and transportation thereof, after such taking or killing, as hereinafter set forth

✓ current as of May 2026
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(520 ILCS 5/2.1) (from Ch. 61, par. 2.1)
    Sec. 2.1. The ownership of and title to all wild birds and wild mammals within the jurisdiction of the State are hereby declared to be in the State, and no wild birds or wild mammals shall be taken or killed, in any manner or at any time, unless the person or persons so taking or killing the same shall consent that the title thereto shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale and transportation thereof, after such taking or killing, as hereinafter set forth. The taking or killing of wild birds or wild mammals at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such wild birds or wild mammals shall remain in the State for the purpose of regulating the possession, use, sale and transportation thereof.
    The regulation and licensing of the taking of wildlife in Illinois are exclusive powers and functions of the State. A home rule unit may not regulate or license the taking of wildlife. 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. 87-296.)

    
Notes of Decisions
Cited in 6 cases, 1998–2020 · leading case: City of Chicago v. Roman, 705 N.E.2d 81 (Ill. 1998).
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City of Chicago v. Roman, 705 N.E.2d 81 (Ill. 1998). “(Illinois Insurance Code); 220 ILCS 10/21 (West 1992) (Citizens Utility Board Act); 225 ILCS 60/6 (West 1992) (Medical Practice Act of 1987); 235 ILCS 5/6 — 18 (West 1992) (Liquor Control Act of 1934); 325 ILCS 55/7 (West 1992) (Missing Children Registration Law); 410 ILCS 5/2…”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Wildlife Code (520 ILCS 5/2.1 (West 2018)) (counts II and IV of Guns Save Life’s amended complaint) and (2) amounted to improper “takings” in violation of the Illinois Constitution (Ill.”
United Taxidermists Ass'n v. Illinois Dep't of Nat. Resources, 436 F. App'x 692 (7th Cir. 2011). “Although there is not much circuit court precedent addressing that requirement, we conclude that the state’s process is adequate and appropriate.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Wildlife Code (520 ILCS 5/2.1 (West 2018)) (counts II and IV of Guns Save Life’s amended complaint) and (2) amounted to improper “takings” in violation of the Illinois Constitution (Ill.”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020). “1 of the Wildlife Code (520 ILCS 5/2.1 (West 1 Early in this litigation, the trial court determined that, contrary to what Deerfield claimed, ordinance No.”
City of Chicago v. Roman (Ill. 1998). “2) (Illinois Insurance Code); 220 ILCS 10/21 (West 1992) (Citizens Utility Board Act); 225 ILCS 60/6 (West 1992) (Medical Practice Act of 1987); 235 ILCS 5/6–18 (West 1992) (Liquor Control Act of 1934); 325 ILCS 55/7 (West 1992) (Missing Children Registration Law); 410 ILCS 5/2…”
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