Chicago Illinois Airgun Laws and Regulations

The city of Chicago, Illinois has several laws and regulations on their books regarding airguns, BB guns, pellet guns and the like. They include the following:

“Firearm” means any device, by whatever name known, which is designed or restored to expel a projectile or projectiles by the action of any explosive, expansion of gas or escape of gas. Provided, that such term shall not include:

(1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;

8-24-040 Discharging toy firearms; Replica air guns.

(a) Except as provided in subsection (c) below, no person shall at any time discharge or set off anywhere within the city, or have in his possession for such purpose any toy firearm, air rifle, or toy cannon, that discharges projectiles either by air, spring, explosive, substance, or any other force.

(b) Except as provided in subsection (c) below, no person shall possess or discharge a replica air gun in the city of Chicago.

(c) The use or possession of an air gun or replica air gun is permitted if the air gun or replica air gun is in the possession and control of a carnival and is offered for use to carnival customers on a temporary basis. For purposes of this section, “carnival” means an enterprise which offers amusement or entertainment to the public by means of one or more amusement attractions or amusement rides.

(d) As used in this section, the term “replica air gun” shall be defined as provided in Section 4-144-145 of the code.

(e) Any person who violates the provisions of subsection (b) of this section, upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 for each offense, or imprisoned for a period not to exceed six months, or both such fine and imprisonment. As an alternative to, or in addition to, any such fine, the violator may be made to perform community service. Whenever a person under the age of 18 is ordered to pay a fine or perform community service for a violation of this subsection (b), the parent or guardian having legal custody or control of the person may be ordered to pay the fine instead of, or perform the community service in conjunction with, the person.

(Prior code § 193-31; Amend Coun. J. 10-4-06, p. 87431, § 2; Amend Coun. J. 9-11-13, p. 59869, § 3)

4-144-145 Replica air guns – Sale or transfer prohibited.

(a) It shall be unlawful for any person to engage in the business of selling or to sell, exhibit for sale, give away or otherwise transfer any replica air gun in the city of Chicago. For purposes of this article, “replica air gun” means and includes any air gun, air pistol, air rifle, spring gun, spring pistol, BB gun, pellet gun or any other implement that a person could reasonably perceive as an actual firearm but that is not a firearm, and that is capable of firing or discharging a projectile constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

(Added Coun. J. 10-4-06, p. 87431, § 1)

4-144-190 Replica firearms and pellet guns.

(a) It shall be unlawful for any person to purchase, possess, conceal, use, sell, give away or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm, paint pellet or paint pellet gun in the City of Chicago, except as provided in subsection (c) of this section.

(b) For the purposes of this chapter, the following terms shall have the following meanings: “Paint pellet” means a pellet or projectile of paint which explodes upon impact. “Paint pellet gun” means any firearm, toy firearm or toy in the nature of a firearm which is powered by compressed gas and which fires paint pellets. “Replica firearm” means any device, object or facsimile made of plastic, wood, metal or any other material, that a person could reasonably perceive as an actual firearm but that is incapable of being fired or discharged, including, but not limited to, mobile phone cases, lighters, and cameras, except that the term shall not include any replica of an antique firearm, as defined in Section 8-20-010 of this Code. Each such replica firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such replica firearm. Such plug shall be recessed no more than six millimeters from the muzzle end of the barrel of such firearm.

(c) The manufacture, marketing, distribution, sale and possession of replica firearms are permitted if the devices are manufactured, marketed, distributed, sold or held solely for subsequent transportation in intrastate, interstate or foreign commerce. Such devices shall not be displayed to the general public or sold for other use in the city. The use or possession of a paint pellet or paint pellet gun is permitted if the use or possession is solely within premises licensed under Article III of Chapter 4-156 of this Code as a public place of amusement; or if the use or possession is solely for the purpose of transporting the paint pellet or paint pellet gun to or from those premises by the licensee or agent or employee of the licensee, or by a common carrier, for purposes of initial delivery, repair or disposal of the paint pellet or paint pellet gun.

(d) Any person who violates the provisions of this section, upon conviction thereof, shall be fined not less than $100.00 nor more than $750.00 for each offense. Any such violation may also be punishable as a misdemeanor by incarceration in a penal institution other than a penitentiary for up to six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code as amended, and in the Illinois Code of Criminal Procedure, Illinois Revised Statutes, Chapter 38, Sections 100-1 et seq. (1985), as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, Illinois Revised Statutes, Chapter 110, Section 1-101, et seq. (1985), as amended. Each purchase, use, sale, gift or transfer of any such replica firearm, paint pellet or paint pellet gun shall be deemed a separate and distinct offense, and each day a person unlawfully engages in the business of selling or exhibits for sale any such replica firearm, paint pellet or paint pellet gun shall be deemed a separate and distinct offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-2-94, p. 58607; Amend Coun. J. 9-11-13, p. 59869, § 2; Amend Coun. J. 7-29-15, p. 2226, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 5)

7-36-070 Noise restrictions.

(a) No toy may be sold or offered for sale, or given away without compensation, which produces noise on a continuous basis exceeding 85 decibels on the A scale, slow mode of operation, as measured one foot distance from said toy; no form of toy gun, rifle, or other such device which produces noise on an impulse or explosive basis exceeding 100 decibels as measured on the A scale, fast mode of operation as measured one foot distance from said toy gun or other explosive device.

4-144-230 Alteration restricted.

No person shall alter any air rifle, air gun, toy firearm or toy in the nature of a firearm in such a way that it can fire any type of projectile other than that which it was designed by its manufacturer to fire. (Added Coun. J. 12-9-92, p. 25465)

8-16-090 Firearms for minors.

No person shall sell, loan, or furnish to any minor any toy gun, toy pistol, or other toy firearm in which any explosive substance can be used. (Prior code § 190-7; Amend Coun. J. 7-2-10, p. 96234, § 6)

4-144-210 Sale or transfer to minors prohibited.

It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of 18 years where the dealer knows the person to be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age. It is unlawful for any person to sell, lend or otherwise transfer any air rifle to any person under 18 years of age. (Added Coun. J. 12-9-92, p. 25465)

4-144-220 Sales display restrictions.

It shall be unlawful for any person to exhibit for sale in show cases, or show windows, on counters, or in any public manner, any air rifle or air gun, or any toy firearm or other toy in the nature of a firearm in which any explosive substance can be used, or to display any signs, posters, cartoons or display cards suggesting the sale of any such weapon or firearm. (Added Coun. J. 12-9-92, p. 25465)