Can Non-Citizens Own Guns in Illinois?
Gun ownership laws in the United States are complex—and for non-citizens, they're even more confusing. While the Second Amendment grants the right to bear arms, that right does not apply equally to everyone. Non-citizens, including lawful permanent residents (green card holders), visa holders, refugees, asylum seekers, and undocumented individuals, face stricter rules when it comes to firearm possession and ownership—especially in states like Illinois, where gun laws are particularly stringent.
So, can non-citizens own guns in Illinois? The short answer is: it depends on your immigration status, your compliance with federal and state requirements, and whether you’ve received proper authorization. In this blog, we’ll explore the legal landscape for non-citizens and firearms in Illinois, discuss what is and isn’t allowed, and explain how violating these laws can have serious immigration and criminal consequences.
Understanding Federal Firearm Laws for Non-Citizens
At the federal level, the Gun Control Act of 1968 outlines who may legally possess firearms in the United States. Under 18 U.S.C. § 922(g), several categories of people are prohibited from owning or possessing firearms—including most non-citizens.
According to federal law, the following non-citizens may not possess or receive firearms or ammunition:
Undocumented immigrants (people unlawfully in the U.S.)
Individuals in the U.S. on a nonimmigrant visa (such as tourist, student, or work visas), with some exceptions
People who have renounced U.S. citizenship
Individuals subject to certain restraining orders or convicted of domestic violence offenses
There are exceptions, however. Some nonimmigrant visa holders may possess firearms if they meet specific criteria, such as having a valid hunting license or falling under certain diplomatic or law enforcement exemptions. On the other hand, lawful permanent residents (green card holders) are treated more like U.S. citizens under federal firearm laws. They are generally permitted to buy and own guns under federal law, provided they meet all other requirements (e.g., no felony convictions, not subject to restraining orders, etc.).
Illinois State Law on Gun Ownership
Now let’s look at Illinois, where gun laws are notably strict. To legally possess or purchase a firearm or ammunition in Illinois, a person must have a valid Firearm Owner's Identification (FOID) card issued by the Illinois State Police.
Here’s where things get tricky for non-citizens.
To qualify for a FOID card in Illinois, the applicant must:
Be at least 21 years old (or have parental consent if under 21)
Be a U.S. citizen or a lawful permanent resident
Not be prohibited under federal law from owning a firearm
Because of the second requirement, most non-citizens who are not permanent residents are automatically ineligible for a FOID card, and therefore, cannot legally possess a firearm in Illinois.
What About Nonimmigrant Visa Holders?
Tourists, international students, temporary workers, and other individuals in the U.S. on nonimmigrant visas generally cannot own or possess firearms in Illinois unless they fall under a narrow exception and receive a waiver from the Illinois State Police. For instance, someone on a student visa might technically qualify under federal law if they obtain a valid hunting license and pass a background check—but even then, Illinois law would still prohibit them from obtaining a FOID card unless they’ve received an approved waiver.
The Illinois State Police does allow non-citizens who are legally in the U.S. (but not permanent residents) to apply for a FOID card by submitting additional documentation, such as a copy of their visa, proof of lawful entry and presence, and/or a letter explaining the reason for firearm ownership (e.g., sporting, employment, etc.). These applications are handled on a case-by-case basis, and approval is not guaranteed.
Can Refugees and Asylum Seekers Own Guns?
Refugees and asylum seekers often occupy a legal gray area when it comes to firearm rights. While they are considered lawfully present in the U.S., they are not considered lawful permanent residents unless and until they apply for and receive a green card.
In Illinois, this can pose a significant barrier to obtaining a FOID card, even though federal law may not explicitly ban them from possessing a firearm. Again, the Illinois State Police may allow these individuals to apply for a FOID card with additional documentation, but approvals are rare and scrutinized carefully. Refugees and asylum seekers are strongly advised not to purchase or possess firearms until they have permanent resident status and an approved FOID card.
What About Undocumented Immigrants?
Under both federal and Illinois law, undocumented immigrants are strictly prohibited from owning, possessing, or even handling firearms. There are no exceptions or workarounds. Possession of a firearm by someone unlawfully in the U.S. is a federal crime, and it can also result in immediate immigration consequences, including arrest, detention, and deportation.
If you’re undocumented and are found with a gun—whether it’s yours or someone else’s—you could face both criminal charges and removal proceedings. Even if you’re not formally charged, ICE may be notified and begin the deportation process.
Protect Your Immigration Status and Your Freedom
The bottom line is this: Don’t assume that being in the U.S. legally means you’re automatically allowed to own or carry a firearm. Illinois has some of the most complex and restrictive gun laws in the country, especially for non-citizens—and even one misstep can result in serious criminal consequences.
At Bernard Law, we help clients understand their legal rights when it comes to firearm possession, FOID card eligibility, and how state and federal gun laws may apply to their situation. We work with non-citizens to assess risk and help them make informed decisions when it comes to gun ownership. Contact us today for a confidential consultation.