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To Kill a Mockingbird (film)
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To Kill a Mockingbird
Theatrical release poster
Directed by
Robert Mulligan
Produced by
Alan J. Pakula
Screenplay by
Horton Foote
Based on
To Kill a Mockingbird
by Harper Lee
Starring
Gregory Peck
Mary Badham
Phillip Alford
John Megna
Ruth White
Paul Fix
Brock Peters
Frank Overton
Narrated by
Kim Stanley
Music by
Elmer Bernstein
Cinematography
Russell Harlan, A.S.C.
Edited by
Aaron Stell, A.C.E.
Production
companies
Brentwood Productions
Pakula-Mulligan
Distributed by
Universal Pictures
Release date
December 25, 1962 (1962-12-25)
Running time
129 minutes[1]
Country
United States
Language
English
Budget
$2 million[2]
Box office
$13.1 million[2]
To Kill a Mockingbird is a 1962 American drama film directed by Robert Mulligan. The screenplay by Horton Foote is based on Harper Lee's 1960 Pulitzer Prize-winning novel of the same name. It stars Gregory Peck as Atticus Finch and Mary Badham as Scout. To Kill a Mockingbird marked the film debuts of Robert Duvall, William Windom, and Alice Ghostley.
The film received overwhelmingly positive reviews from critics and was a box-office success, earning more than six times its budget. The film won three Academy Awards, including Best Actor for Peck, and was nominated for eight, including Best Picture.
In 1995, the film was listed in the National Film Registry. In 2003, the American Film Institute named Atticus Finch the greatest movie hero of the 20th century. In 2007 the film ranked twenty-fifth on the AFI's 10th anniversary list of the greatest American movies of all time. In 2005, the British Film Institute included it in their list of the 50 films you should see by the age of 14. The film was restored and released on Blu-ray and DVD in 2012 as part of the 100th anniversary of Universal Pictures.[3]
Contents
1 Plot
2 Cast
3 Production
4 Critical response
5 Gregory Peck
6 Awards and honors
6.1 Academy Awards
6.2 Golden Globe Awards
6.3 Cannes Film Festival
7 Music
8 See also
9 References
10 External links
Plot[edit]
The film's young protagonists, Jean Louise "Scout" Finch (Mary Badham) and her brother Jeremy Atticus "Jem" Finch (Phillip Alford), live in the fictional town of Maycomb, Alabama, during the early 1930s. The story covers three years, during which Scout and Jem undergo changes in their lives. They are innocent children, spending their days happily playing games with each other and spying on Arthur "Boo" Radley (Robert Duvall) who has not left his home for many years and about whom many rumors circulate. Their widowed father, Atticus (Gregory Peck), is a town lawyer and has strong beliefs that all people are to be treated fairly, to turn the other cheek, and to stand for what you believe. He also allows his children to call him by his first name. Early in the film, the children see their father accept hickory nuts, and other produce, from Mr. Cunningham (Crahan Denton) for legal work because the client has no money.[4] Through their father's work as a lawyer, Scout and Jem begin to learn of the racism and evil in their town, aggravated by poverty; they mature quickly as they are exposed to it.
The local judge (Paul Fix) appoints Atticus to defend a black man, Tom Robinson (Brock Peters), against an accusation of rape of a white girl, Mayella Ewell (Collin Wilcox). Atticus accepts the case. Jem and Scout experience schoolyard taunts for their father's decision. Later, as Atticus is sitting in front of the local jail to safeguard Robinson, a lynch mob arrives, which includes Mr. Cunningham. Scout, Jem and their friend, Dill (John Megna), interrupt the confrontation. Scout, unaware of the mob's purpose, recognizes Cunningham as the man who paid her father in hickory nuts and tells him to say hello to his son, who is her schoolmate. Cunningham becomes embarrassed and the mob disperses.
At the trial, it is undisputed that Tom came to Mayella's home at her request to help with the chopping up of a chifforobe, and that Mayella showed signs of having been beaten around that time. Among Atticus' chief arguments is that Tom has a crippled left arm, yet the supposed rapist would have had to make extensive use of his left hand in assaulting Mayella before raping her. Atticus then points out that Mayella's father, Bob Ewell (James Anderson), is left handed, implying that he – rather than Tom – was the one who beat Mayella. Atticus also states that the girl had not been examined by a doctor to check for signs of rape after the supposed assault. In his closing argument Atticus asks the all-white male jury to cast aside their prejudices and instead focus on Tom's obvious innocence. In taking the stand in his own defense, Tom denies he attacked Mayella, but states she kissed him. He testifies he voluntarily assisted Mayella because "I felt sorry for her because…". Although Tom does not finish his sentence, the prosecutor (William Windom) hammers home the point that he was a black man feeling sorry for a white woman. In a town where whites are viewed as superior to blacks, Tom's sympathy for Mayella dooms his case, and he is found guilty.
As Atticus leaves the courtroom, the black spectators in the balcony rise to their feet as a sign of respect and appreciation. Reverend Sykes says to Scout, "Miss Jean Louise, stand up. Your father's passing." When Atticus arrives home, Sheriff Heck Tate (Frank Overton) tells him that Tom has been killed by a deputy during his transfer to prison. According to this deputy, Tom was trying to escape, "running like a crazy man" before he was shot. Atticus and Jem go to the Robinson family home to inform them of Tom's death. Bob Ewell, Mayella's father, appears and spits in Atticus' face while Jem waits in the car. Atticus wipes his face and leaves.
Autumn arrives, and Scout and Jem attend a nighttime Halloween pageant at their school. Scout wears a large hard-shelled ham costume, portraying one of Maycomb county's products. At some point during the pageant, Scout's dress and shoes are misplaced. She is forced to walk home without shoes, wearing her ham costume. While cutting through the woods, Scout and Jem are attacked by an unidentified man who has been following them. Scout's costume, like an awkward suit of armor, protects her from the attack but restricts her movement and severely restricts her vision. Jem is knocked unconscious and Scout escapes unharmed in a brief but violent struggle. Their attacker is thwarted and overcome by another unidentified man. Scout escapes her costume in time to see the second man carrying Jem to their home. Scout follows the stranger inside and runs into the arms of a concerned Atticus. Doc Reynolds comes over and treats the broken arm of an unconscious Jem.
When Sheriff Tate asks Scout what happened, she sees a man standing quietly in the corner behind the door of Jem's room. Atticus formally introduces Scout to Arthur Radley, whom she has known as Boo, the man who came to the aid of Jem and Scout in the woods. It is revealed that Boo had overpowered Bob Ewell before carrying Jem home. The sheriff reports that Ewell was discovered dead at the scene of the attack with a knife in his ribs. Atticus assumes that Jem killed Ewell in self-defense. Sheriff Tate, however, believes that Boo killed Ewell in defense of the children, and he tells Atticus that to drag the shy and reserved Boo into the spotlight for his heroism would be "a sin". To protect Boo, Sheriff Tate suggests that Ewell "fell on his knife". Scout draws a startlingly precocious analogy, linking unwelcome public attention to Boo to the killing of a mockingbird.
Cast[edit]
See also: List of To Kill a Mockingbird characters
In the order of the film's opening credits:
Gregory Peck as Atticus Finch
John Megna as Charles Baker "Dill" Harris
Frank Overton as Sheriff Heck Tate
Rosemary Murphy as Miss Maudie Atkinson
Ruth White as Mrs Dubose
Brock Peters as Tom Robinson
Estelle Evans as Calpurnia
Paul Fix as Judge John Taylor
Collin Wilcox as Mayella Violet Ewell
James Anderson as Robert E. Lee "Bob" Ewell
Alice Ghostley as Miss Stephanie Crawford
Robert Duvall as Arthur "Boo" Radley
William Windom as Horace Gilmer, District Attorney
Crahan Denton as Walter Cunningham
Richard Hale as Nathan Radley
Mary Badham as Scout
Phillip Alford as Jem
Uncredited roles in order of appearance
Kim Stanley as the narrator—the voice of adult Scout—"Maycomb was a tired old town – even in 1932 when I first knew it – that summer I was six years old."
Paulene Myers as Jessie, Mrs. Dubose's servant, sitting close to her on the Dubose porch.
Jamie Forster as Mr. Townsend, sitting on a bench, with three men, near the courthouse: "If you're lookin' for your daddy, he's inside the courthouse."
Steve Condit as Walter, Mr. Cunningham's son, at dinner with the Finch family: "Yes, sir. I don't know when I had roast. We been havin' squirrels and rabbits lately."
David Crawford as David, Tom Robinson's son, sitting on the steps to the Robinsons' shack: "Good evening."
Kim Hamilton as Helen, Tom Robinson's wife, inside the Robinsons' shack: "Good evening, Mr. Finch."
Dan White as the mob leader approaching as Atticus Finch sits in front of the jailhouse: "He in there, Mr. Finch?"
Kelly Thordsen as a heavyset member of the mob who grabs and picks up Jem: "Well, I'll send you home."
William "Bill" Walker as Reverend Sykes, at the courthouse for Tom Robinson's trial: "Miss Jean Louise? Miss Jean Louise, stand up. Your father's passin'."
Charles Fredericks as the court clerk at Tom Robinson's trial: "Place your hand on the bible, please. Do you solemnly swear to tell the truth...?"
Guy Wilkerson as the jury foreman at Tom Robinson's trial: We find the defendant guilty as charged."
Jay Sullivan as the court reporter at Tom Robinson's trial: "Yes."
Jester Hairston as Spence, Tom Robinson's father in front of the Robinsons' shack: "Hello Mr. Finch. I'm Spence, Tom's father."
Hugh Sanders as Doctor Reynolds, the town physician who examines Jem: "He's got a bad break, so far as I can tell. Somebody tried to wring his arm off."
Production[edit]
Further information: Old Monroe County Courthouse
The Old Monroe County Courthouse was the model for the set used in the film
A scene from the play performed in the actual courthouse in Monroeville
The producers had wanted to use Harper Lee's hometown of Monroeville, Alabama for the set. Harper Lee used her experiences as a child in Monroeville as the basis for the fictional town of Maycomb, so it seemed that would be the best place. However, the town had changed significantly between the 1920s and the early 1960s so they made the backlot in Hollywood instead.[5]
The Old Monroe County Courthouse in Monroeville was used as a model for the film set since they could not use the courthouse due to the poor audio quality in the courthouse. The accuracy of the recreated courthouse in Hollywood led many Alabamians to believe that the film was shot in Monroeville. The Old Courthouse in Monroe County is now a theater for many plays inspired by To Kill a Mockingbird as well as a museum dedicated to multiple authors from Monroeville.[6][7][8]
Critical response[edit]
The film received widespread critical acclaim. As of July 2018, it maintains a 91% rating on Rotten Tomatoes, based on 57 reviews.[9] According to Bosley Crowther:[10]
Horton Foote's script and the direction of Mr. Mulligan may not penetrate that deeply, but they do allow Mr. Peck and little Miss Badham and Master Alford to portray delightful characters. Their charming enactments of a father and his children in that close relationship, which can occur at only one brief period, are worth all the footage of the film. Rosemary Murphy as a neighbor, Brock Peters as the Negro on trial, and Frank Overton as a troubled sheriff are good as locality characters, too. James Anderson and Collin Wilcox as Southern bigots are almost caricatures. But those are minor shortcomings in a rewarding film.
Roger Ebert of the Chicago Sun-Times criticized the film for focusing less on the blacks, denouncing the cliché of the honest, white man standing for a helpless black:[11]
It expresses the liberal pieties of a more innocent time, the early 1960s, and it goes very easy on the realities of small-town Alabama in the 1930s. One of the most dramatic scenes shows a lynch mob facing Atticus, who is all by himself on the jailhouse steps the night before Tom Robinson's trial. The mob is armed and prepared to break in and hang Robinson, but Scout bursts onto the scene, recognizes a poor farmer who has been befriended by her father, and shames him (and all the other men) into leaving. Her speech is a calculated strategic exercise, masked as the innocent words of a child; one shot of her eyes shows she realizes exactly what she's doing. Could a child turn away a lynch mob at that time, in that place? Isn't it nice to think so.
Walt Disney requested the film be privately screened in his house. At the film's conclusion, Disney sadly stated, "That was one hell of a picture. That's the kind of film I wish I could make."[12][13]
Gregory Peck[edit]
Gregory Peck's performance became synonymous with the role and character of Atticus Finch. Producer Alan J. Pakula remembered hearing from Peck when he was first approached with the role: "He called back immediately. No maybes. […] I must say the man and the character he played were not unalike".[14] Peck later said in an interview that he was drawn to the role because the book reminded him of growing up in La Jolla, California.[15] "Hardly a day passes that I don't think how lucky I was to be cast in that film", Peck said in a 1997 interview. "I recently sat at a dinner next to a woman who saw it when she was 14-years-old, and she said it changed her life. I hear things like that all the time".[16] The 1962 softcover edition of the novel opens:
"The Southern town of Maycomb, Alabama, reminds me of the California town I grew up in. The characters of the novel are like people I knew as a boy. I think perhaps the great appeal of the novel is that it reminds readers everywhere of a person or a town they have known. It is to me a universal story – moving, passionate and told with great humor and tenderness." Gregory Peck.
Harper Lee, in liner notes written for the film's DVD re-release by Universal, wrote:
"When I learned that Gregory Peck would play Atticus Finch in the film production of To Kill a Mockingbird, I was of course delighted: here was a fine actor who had made great films – what more could a writer ask for? ...The years told me his secret. When he played Atticus Finch, he had played himself, and time has told all of us something more: when he played himself, he touched the world".[17]
Upon Peck's death in 2003, Brock Peters, who played Tom Robinson in the film version, quoted Harper Lee at Peck's eulogy, saying, "Atticus Finch gave him an opportunity to play himself". Peters concluded his eulogy stating, "To my friend Gregory Peck, to my friend Atticus Finch, vaya con Dios".[18] Peters remembered the role of Tom Robinson when he recalled, "It certainly is one of my proudest achievements in life, one of the happiest participations in film or theater I have experienced".[19] Peters remained friends not only with Peck but with Mary Badham throughout his life.
Peck himself admitted that many people have reminded him of this film more than any other film he has ever done.[20]
Awards and honors[edit]
In 1995 To Kill a Mockingbird was selected for preservation in the United States National Film Registry by the Library of Congress as being "culturally, historically, or aesthetically significant".[21] It is also Robert Duvall's big-screen debut, as the misunderstood recluse Boo Radley. Duvall was cast on the recommendation of screenwriter Horton Foote, who met him at Neighborhood Playhouse in New York City where Duvall starred in a 1957 production of Foote's play, The Midnight Caller.[22]
The American Film Institute named Atticus Finch the greatest movie hero of the 20th century.[23] Additionally, the AFI ranked the movie second on their 100 Years... 100 Cheers list, behind It's a Wonderful Life.[24] The film was ranked number 34 on AFI's list of the 100 greatest movies of all time, but moved up to number 25 on the 10th Anniversary list.[25] In June 2008, the AFI revealed its "Ten top Ten"—the best ten films in ten "classic" American film genres—after polling over 1,500 people from the creative community. To Kill a Mockingbird was acknowledged as the best film in the courtroom drama genre.[26]
In 2007 Hamilton was honored by the Harlem community for her part in the movie. She was the last surviving African-American adult who had a speaking part in the movie. When told of the award, she said, "I think it is terrific. I'm very pleased and very surprised".[27]
American Film Institute Lists
AFI's 100 Years...100 Movies – #34
AFI's 100 Years...100 Heroes & Villains:
Atticus Finch – #1 Hero
AFI's 100 Years...100 Movie Quotes:
"Miss Jean Louise, stand up. Your father's passing." – Nominated[28]
"You never really understand a person until you consider things from his point of view, until you climb inside of his skin and walk around in it." – Nominated[28]
AFI's 100 Years of Film Scores – #17
AFI's 100 Years...100 Cheers – #2
AFI's 100 Years...100 Movies: 10th Anniversary Edition– #25
AFI's 10 Top 10 – #1 Courtroom Drama
Academy Awards[edit]
The film won three Academy Awards out of the eight for which it was nominated.[29]
Academy Award for Best Actor — Gregory Peck (The award was presented to Peck by Sophia Loren)
Academy Award for Best Adapted Screenplay – Horton Foote
Academy Award for Best Art Direction – Set Decoration, Black-and-White — (Henry Bumstead, Alexander Golitzen, and Oliver Emert)
Other nominations were for
Best Picture (Producer, Alan J. Pakula)
Best Director (Robert Mulligan)
Best Cinematography, Black-and-White (Russell Harlan),
Best Actress in a Supporting Role (Mary Badham)
Best Music, Score — Substantially Original (Elmer Bernstein)
Its main competition was Lawrence of Arabia, which won the Oscar for Best Picture, Best Director and Best Original Score. Peter O'Toole had been nominated for Best Actor for his performance as T. E. Lawrence, but Peck won for Mockingbird. The Longest Day claimed the award for Best Cinematography, while Patty Duke was awarded Best Supporting Actress for her work in The Miracle Worker.
Golden Globe Awards[edit]
Golden Globe Award for Best Actor – Motion Picture Drama — Gregory Peck
Golden Globe Award for Best Original Score — Motion Picture — Elmer Bernstein
Golden Globe Award for Best Film Promoting International Understanding — To Kill a Mockingbird
Cannes Film Festival[edit]
The film was selected for the 1963 Cannes Film Festival in feature film category, winning the Gary Cooper Award.[30][31]
Music[edit]
To Kill a Mockingbird
Soundtrack album by Elmer Bernstein
Released
Early April 1963[32]
Recorded
August 1–2, 1996, City Halls, Glasgow
Label
Varèse Sarabande
Elmer Bernstein's score for To Kill a Mockingbird is regarded as one of the greatest film scores[33] and has been recorded three times. It was first released in April 1963 on Ava; then Bernstein re-recorded it in the 1970s for his Film Music Collection series; and finally, he recorded the complete score (below) in 1996 with the Royal Scottish National Orchestra for the Varese Sarabande Film Classics series.
"Main Title" – 3:21
"Remember Mama" – 1:08
"Atticus Accepts The Case – Roll in the Tire" – 2:06
"Creepy Caper – Peek-A-Boo" – 4:10
"Ewell's Hatred" – 3:33
"Jem's Discovery" – 3:47
"Tree Treasure" – 4:23
"Lynch Mob" – 3:04
"Guilty Verdict" – 3:10
"Ewell Regret It" – 2:11
"Footsteps in the Dark" – 2:07
"Assault in the Shadows" – 2:28
"Boo Who" – 3:00
"End Title" – 3:25
See also[edit]
List of American films of 1962
La Joven (The Young One), the 1960 film
Trial film
White savior narrative in film
References[edit]
Jump up ^ "TO KILL A MOCKINGBIRD (A)". British Board of Film Classification. December 20, 1962. Retrieved December 25, 2015.
^ Jump up to: a b "To Kill A Mockingbird – Box Office Data, DVD and Blu-ray Sales, Movie News, Cast and Crew Information". The Numbers. Retrieved December 13, 2014.
Jump up ^ Appelo, Tim (2012-01-10). "Universal Celebrates 100th Birthday With New Logo and 13 Film Restorations". The Hollywood Reporter. Retrieved 2012-12-10.
Jump up ^ Harper Lee. "To Kill a Mockingbird: Chapters 2–3". SparkNotes. Retrieved 2014-03-17.
Jump up ^ W. Warner Floyd (March 29, 1973). "National Register of Historic Places Registration: Old Monroe County Courthouse". National Park Service. Retrieved August 4, 2018. See also: "Accompanying photos".
Jump up ^ "To Kill a Mockingbird 1962". Movie Locations. Retrieved 4 August 2018.
Jump up ^ ""To Kill a Mockingbird" A 50th Anniversary Restoration of the Classic Film". Southern Literary Trail. Retrieved 4 August 2018.
Jump up ^ "To Kill a Mockingbird". Filming Locations. Retrieved 4 August 2018.
Jump up ^ "To Kill A Mockingbird". www.rottentomatoes.com. 1962-12-25. Retrieved 2015-11-02.
Jump up ^ Crowther, Bosley (February 15, 1963). "One Adult Omission in a Fine Film: 2 Superb Discoveries Add to Delight". The New York Times. Retrieved 2013-06-13.
Jump up ^ Ebert, Roger. "To Kill a Mockingbird". Retrieved 13 July 2014.
Jump up ^ Gabler, Neal (2006) Walt Disney: The Triumph of American Imagination, pp.587, Alfred A. Knopf, New York
Jump up ^ Colt, Sarah, (2015) American Experience: Walt Disney, Public Broadcasting Service
Jump up ^ Nichols, Peter. "Time Can't Kill 'Mockingbird'; [Review]." New York Times: February 27, 1998. pg. E.1
Jump up ^ King, Susan. "How the Finch Stole Christmas; Q & A WITH GREGORY PECK." Los Angeles Times: December 22, 1997. pg. 1
Jump up ^ Bobbin, Jay. "Gregory Peck is Atticus Finch in Harper Lee's To Kill a Mockingbird." Birmingham News (Alabama): December 21, 1997 Pg. 1F.
Jump up ^ Universal Pictures Legacy Series DVD 2005
Jump up ^ Hoffman, Allison, Rubin, H. "Peck Memorial Honors Beloved Actor and Man; The longtime star is remembered for his integrity and constancy". Los Angeles Times: June 17, 2003. pg. B.1.
Jump up ^ Oliver, Myrna. "Obituaries; Brock Peters, 78; Stage, Screen, TV Actor Noted for Role in 'To Kill a Mockingbird'; " Los Angeles Times. Los Angeles, Calif.: August 24, 2005. pg. B.8.
Jump up ^ Gregory Peck Interview with Jimmy Carter at YouTube
Jump up ^ To Kill a Mockingbird – Awards – IMDb
Jump up ^ Robert Duvall (actor), Gary Hertz (director) (2002-04-16). Miracles & Mercies (Documentary). West Hollywood, California: Blue Underground. Retrieved 2008-01-28.
Jump up ^ http://connect.afi.com/site/DocServer/handv100.pdf?docID=246
Jump up ^ "Archived copy" (PDF). Archived from the original (PDF) on November 22, 2009. Retrieved June 12, 2010. CS1 maint: Archived copy as title (link)
Jump up ^ http://connect.afi.com/site/DocServer/100Movies.pdf?docID=301
Jump up ^ "AFI's 10 Top 10". American Film Institute. 2008-06-17. Retrieved 2008-06-18.
Jump up ^ "Harlem community honors 'Mockingbird' actress" from the USA Today.
^ Jump up to: a b "AFI's 100 Years...100 Movie Quotes Nominees" (PDF). Retrieved 2013-06-13.
Jump up ^ "NY Times: To Kill a Mockingbird". NY Times. Retrieved 2008-12-24.
Jump up ^ "Festival de Cannes: To Kill a Mockingbird". festival-cannes.com. Retrieved 2009-02-27.
Jump up ^ "1963 Cannes Film Festival". Internet Movie Database. Retrieved 2 October 2012.
Jump up ^ Billboard Apr 13, 1963
Jump up ^ Erikson, Matthew. "Elmer Bernstein: 'One of the Greatest Film Composers Ever'". Hartford Courant. Retrieved September 24, 2016.
External links[edit]
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Atticus Finch's closing argument in text and audio from AmericanRhetoric.com
To Kill A Mockingbird location and production notes
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Films directed by Robert Mulligan
Fear Strikes Out (1957)
The Rat Race (1960)
The Great Impostor (1961)
Come September (1961)
The Spiral Road (1962)
To Kill a Mockingbird (1962)
Love with the Proper Stranger (1963)
Baby the Rain Must Fall (1965)
Inside Daisy Clover (1965)
Up the Down Staircase (1967)
The Stalking Moon (1968)
The Pursuit of Happiness (1971)
Summer of '42 (1971)
The Other (1972)
The Nickel Ride (1974)
Bloodbrothers (1978)
Same Time, Next Year (1978)
Kiss Me Goodbye (1982)
Clara's Heart (1988)
The Man in the Moon (1991)
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Harper Lee's To Kill a Mockingbird (1960)
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Gun laws in Illinois
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Location of Illinois in the United States
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.[1][2]
To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police to any qualified applicant. Non-residents who may legally possess firearms in their home state are exempt from this requirement.
The state police issue licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence". Licenses issued by other states are not recognized, except for carry in a vehicle. Open carry is prohibited in most areas. When a firearm is being transported by a person without a concealed carry license, it must be unloaded and enclosed in a case, or broken down in a non-functioning state, or not immediately accessible.
There is a waiting period to take possession after purchasing a firearm — 72 hours for a handgun, or 24 hours for a rifle or shotgun. For private sales, the seller must verify the buyer's FOID card, and keep a record of the sale for at least 10 years. Lost or stolen guns must be reported to the police. Possession of automatic firearms, short-barreled shotguns, or suppressors is prohibited. Possession of short-barreled rifles is permitted only for those who have an ATF Curios and Relics license or are a member of a military reenactment group. The state does not restrict the sale or possession of firearms that have been defined as assault weapons, or of magazines that can hold more than a certain number of rounds of ammunition, but some local jurisdictions do restrict them.
Illinois has state preemption for certain areas of gun law, which overrides the home rule guideline in those cases. Some local governments have enacted ordinances that are more restrictive than those of the state in areas not covered by state preemption.
Contents
[hide]
1 Summary table
2 FOID cards
3 Concealed and open carry
3.1 Historical state prohibition of concealed carry
4 Other state laws
5 Local laws
5.1 Historical restrictions on the possession of handguns
6 Knives
7 See also
8 References
Summary table[edit]
Subject/Law
Long Guns
Handguns
Relevant Statutes
Notes
State permit to purchase? Yes Yes 430 ILCS 65 FOID required.
Owner permit required? Yes Yes 430 ILCS 65 FOID required.
Firearm registration? No No
License required for concealed carry? n/a Yes Public Act 098-0063: Firearm Concealed Carry Act Shall-issue with limited discretion.[3] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license.
Open carry allowed? No No
Vehicle carry allowed? No Yes An Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state.
State preemption of local restrictions? Partial Partial Public Act 098-0063: Firearm Concealed Carry Act Preemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
Assault weapon law? No No Cook Co. Code of Ord. §54-211
Chi. Mun. Code §8-20-170 Cook County and the city of Chicago have separately banned the possession of assault weapons, as have several Chicago suburbs, prior to the preemption deadline of July 20, 2013.
Magazine capacity restriction? No No No state-level restrictions. Some local jurisdictions have enacted various magazine capacity restrictions.
NFA weapons restricted? Yes Yes 720 ILCS 5/24
720 ILCS 5/24-2 Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Castle doctrine / stand your ground laws? Partial Partial 720 ILCS 5 Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.
Peaceable journey laws? Partial Yes Public Act 098-0063: Firearm Concealed Carry Act Illinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons.
Background checks required for private sales? Yes Yes 430 ILCS 65 The seller must verify the buyer's FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years.
FOID cards[edit]
To legally possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the Illinois State Police.[4] The police must issue FOID cards to eligible applicants. An applicant is disqualified if he or she has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal immigrant.[5] Applicants under the age of 21 must have the written consent of a parent or legal guardian who is also legally able to possess firearms.[6]
When a firearm is sold or transferred, the buyer is required to present their FOID card. This applies to private sales between individuals as well as to sales by Federal Firearms License (FFL) holders.[7] For firearm sales by an FFL holder, or at a gun show, the seller must perform an automated dial-up check with the State Police, to verify that the FOID card is valid, and to redo the background check of the buyer.[4] This additional checking is known as the Firearm Transfer Inquiry Program (FTIP).[8] For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.[9][10][11][12][13]
The buyer is also required to present their FOID card when purchasing ammunition.[14]
In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card.[15][16] Non-Illinois residents do not qualify to obtain a FOID card, but the FOID statute does make provisions for applicants who are employed in Illinois as law enforcement officers, armed security officers, or by the U.S. military.[4]
A FOID card does not authorize the carrying of a concealed firearm,[17] but having a FOID card is a prerequisite for obtaining a concealed carry license.[18]
Concealed and open carry[edit]
The Illinois State Police Department issues licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. Illinois law says that the state police "shall issue" a license to a qualified applicant. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence".[18][19][20] Under revised rules implemented in July 2014, the Review Board notifies the applicant by mail of the basis of the objection and identifies the agency that brought it.[21]
In order to apply for a license the applicant must have in their possession the certificate from the required training, a valid drivers license or state ID card, a valid FOID card, a head and shoulder electronic photograph taken in the last 30 days, ten years of documented residency, fingerprints (optional, but submitting an application without prints increases the potential processing time from 90 to 120 days),[22] and the application fee.[23]
Permits cost $150 for residents or $300 for non-residents, and are valid for five years. An Illinois resident is defined as someone who qualifies for an Illinois driver's license or state identification card due to establishment of a primary domicile in Illinois.[24] A non-resident is someone who has not resided in Illinois for more than 30 days and resides in another state or territory.[18]
Non-residents may apply if their state is on a list of states with laws related to firearm ownership, possession, and carrying, that are "substantially similar" to the requirements to obtain a carry license in Illinois. A non-resident applicant must also possess a carry license or permit from his or her state of residence, if applicable. Prior to February 2017, the Illinois State Police considered only Hawaii, New Mexico, South Carolina, and Virginia to qualify as substantially similar.[25] In February 2017, the list of substantially similar states changed to Arkansas, Mississippi, Texas, and Virginia.[26] Illinois concealed carry licensees from the three states removed from the list of approved states received letters stating that their Illinois licenses were no longer valid.[27]
Concealed carry permits or licenses issued by other states are not recognized, except that non-residents in possession of a carry permit or license from their home state may carry in a vehicle while traveling through Illinois.[18][19]
Concealed carry is prohibited on public transportation, at a bar or restaurant that gets more than half its revenue from the sale of alcohol, at a public gathering or special event that requires a permit (e.g. a street fair or festival), at a place where alcohol is sold for special events, and on private property where the owner has chosen not to allow it (and, unless the property is a private residence, has posted an appropriate sign). Concealed carry is also not allowed at any school, college or university, preschool or daycare facility, government building, courthouse, prison, jail, detention facility, hospital, playground, park, Cook County Forest Preserve area, stadium or arena for college or professional sports, amusement park, riverboat casino, off-track betting facility, library, zoo, museum, airport, nuclear facility, or place where firearms are prohibited under federal law. However, concealed carry license holders who are in the parking lot of a prohibited location (except a nuclear facility) are allowed to carry a concealed firearm when they are in their vehicle, and to store their gun locked in their vehicle and out of plain view.[18][19] On February 1, 2018, the Illinois Supreme Court unanimously ruled that the state's ban on possession of a firearm within 1,000 feet of a public park was unconstitutional.[28]
When a license holder is carrying a concealed handgun, and is asked by a police officer if they are carrying, there is a duty to inform the officer that they are. This can be done with a verbal reply, or by showing their concealed handgun license.[29]
In accordance with federal law, persons who have been convicted of a felony, or of a misdemeanor act of domestic violence, are ineligible to receive a concealed carry license. In Illinois persons who, within the last five years, have been convicted of a misdemeanor involving the use of force or violence, or received two convictions for driving under the influence of alcohol or drugs, or been in residential or court-ordered treatment for substance abuse, are also ineligible to receive a license.[30] There are other conditions that make an applicant ineligible under state law, including having been a patient in a mental health facility in the last five years.[18]
In compliance with the federal Law Enforcement Officers Safety Act, off-duty and retired police officers who qualify annually under state guidelines are allowed to carry concealed.[31]
Open carry of firearms is generally illegal, except when hunting, or in a fixed place of business with the owner's permission, or in one's abode.[32]
When a firearm is being transported it must be (a) unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, or (b) broken down in a non-functioning state, or (c) not immediately accessible, or (d) carried or possessed in accordance with the Firearm Concealed Carry Act by a person with a valid concealed carry license.[33]
Historical state prohibition of concealed carry[edit]
Illinois was the last state to pass a law to allow the concealed carry of firearms by citizens.[34][35] The state's original handgun carry ban was enacted in 1949, with the ban's most recent revision being enacted in 1962.[36] The pre-existing law forbade concealed carry, and generally prohibited open carry, except in counties that had enacted ordinances allowing open carry. On December 11, 2012, a three-judge panel of the U.S. Seventh Circuit Court of Appeals, in the case of Moore v. Madigan, ruled that Illinois' concealed carry ban was unconstitutional, and gave the state 180 days to change its laws.[37] Subsequently, the court granted a 30-day extension of the deadline.[38] On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act, which established a system for the issuing of concealed carry licenses.[39][40] On September 12, 2013, the Illinois Supreme Court, in the case of People v. Aguilar, also ruled that the state's Aggravated Unlawful Use of a Weapon law, which completely prohibited concealed carry, was unconstitutional.[41] On January 5, 2014, the state police began accepting applications for licenses to carry concealed handguns.[42] On February 28, 2014, the state police announced that they had begun issuing concealed carry licenses.[43]
Other state laws[edit]
Article 1 section 22 of the Illinois Constitution states, "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."[44]
When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession. The waiting period for a rifle or shotgun is 24 hours.[33]
When a firearm is sold by a licensed dealer, the seller is required to provide a gun lock, unless the firearm itself includes an integrated locking mechanism.[45]
For private sales, the seller is required to keep a record of the transfer for at least 10 years.[7]
Lost or stolen guns must be reported to the police within 72 hours.[9][46]
A gun owner can be charged with a crime if a minor under the age of 14 gains access to their firearm when it is unsecured (i.e. not locked in a box or secured with a trigger lock) and causes death or great bodily harm.[47]
Regarding Title II weapons, the possession of automatic firearms (such as machine guns), short-barreled shotguns, and suppressors is prohibited.[33] Possession of short-barreled rifles is allowed for ATF Curios and Relics license holders, or, if the rifle is historically accurate has an overall length of at least 26 inches, for members of a bona fide military reenactment group.[48] While possession of a large-bore destructive device itself is not prohibited, possession of an artillery projectile, shell or grenade with over 1/4 ounce of explosive is prohibited.[33] There is no prohibition against non-sporting shotguns (such as the Armsel Striker) deemed destructive devices by the ATF, nor is there one for AOWs (Any Other Weapons). There is a specific prohibition against the possession of firearms designed to appear as a wireless telephone.[49]
In Illinois, muzzleloaders and black powder guns are considered firearms.[17]
Air guns that are larger than .18 caliber and that have a muzzle velocity greater than 700 feet per second are also regulated as firearms.[50]
Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.[51][52]
Local laws[edit]
Illinois has state preemption of firearm laws for "the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition". There is also state preemption for "the regulation of the possession and ownership of assault weapons", except for laws passed before July 20, 2013, which are grandfathered in.[18] In other areas of gun law, some local governments have passed ordinances that are more restrictive than those of the state.[53]
Chicago has banned the possession of certain semi-automatic firearms that it defines as assault weapons.[54][55] Chicago residents must "immediately" report a firearm that is stolen or lost, and must report the transfer of a firearm within 48 hours of such transfer.[56] In a home where a person younger than 18 is present, all guns must be secured with a trigger lock, or stored in a locked container, or secured to the body of the legal owner.[57]
Chicago formerly prohibited the sale of firearms within city limits, but on January 6, 2014, a federal judge ruled that this was unconstitutional.[58] The judge granted the city's request for six months to pass new laws regulating gun shops.[59] On June 25, 2014, the city council passed a new law, allowing gun stores but restricting them to certain limited areas of the city, requiring that all gun sales be videotaped, and limiting buyers to one gun per 30-day period. Store owners must make their records available to the police, and employees must be trained to identify possible straw purchasers.[60] With the passage of the gun shop ordinance, Chicago also struck a previous ban on the transfer of ammunition.[61] On January 18, 2017, a federal appeals court ruled that the city's revised gun shop law was unconstitutional.[62]
Cook County has banned the possession of certain semi-automatic firearms that it has defined as assault weapons.[63][64] Residents must report to the county sheriff within 48 hours any firearms that are stolen, lost, destroyed, or sold or otherwise transferred. The sheriff may share this information with other law enforcement agencies.[65][66] Licensed firearms dealers must provide information to the county regarding purchasers and the guns they purchase, and receive approval before conducting sales.[67] An individual may not purchase more than one firearm in a 30-day period.[68] In a home where a person younger than 21 is present, all guns must be secured with a trigger lock, or stored unloaded in a locked container separate from the ammunition, or secured to the body of the legal owner.[69] In Cook County, local laws, such as those of Chicago, take precedence over county laws that regulate similar matters.[70] Cook County imposes a twenty-five dollar tax on the sale of any firearm by a retail dealer, in addition to the usual county sales tax. The county also has a tax on the sale of ammunition — five cents per round for centerfire ammunition and one cent per round for rimfire ammunition.[71]
The possession of firearms that have been variously defined as assault weapons is also illegal in Lincolnwood, Skokie, Evanston, Highland Park, North Chicago, Melrose Park, Riverdale, Dolton, Hazel Crest, Homewood, and the part of Buffalo Grove that's in Cook County. The storage or transportation of assault weapons is restricted in Morton Grove, Winnetka, Deerfield, Country Club Hills, and University Park.[72][73][74][75][76][77][78] Sales and transfers of assault weapons are prohibited in Niles.[79][80][81] In December 2015 the U.S. Supreme Court declined to hear the case of Friedman v. Highland Park, a challenge to that city's assault weapons ban.[82]
Other municipalities have also enacted various firearm restrictions.[83]
Historical restrictions on the possession of handguns[edit]
Formerly some Illinois municipalities had laws restricting the possession of handguns.
By the late 1980s, several Illinois municipalities had banned the possession of handguns. Chicago required the registration of all firearms but did not allow handguns to be registered, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.[84][85] Additionally, several Chicago suburbs had enacted outright prohibitions on handgun possession.[86]
On June 26, 2008, the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[87] Chicago and the other municipalities came under legal pressure to change their laws.[88][89] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[90] Morton Grove,[91] Evanston,[92] and Winnetka,[93] but Chicago and Oak Park kept their laws in effect.[92][94]
On June 28, 2010, in the case of McDonald v. Chicago, the U.S. Supreme Court ruled the handgun bans of Chicago and Oak Park to be unconstitutional.[95]
On July 12, 2010, a new Chicago city ordinance took effect that allowed the possession of handguns with certain restrictions. Residents were required to obtain a Chicago Firearms Permit. To get the permit they were required to complete a 5-hour firearms training course, pass a background check (including fingerprinting), and pay a $100 permit fee. Chicago's gun registration requirement was retained, with new registrations beling allowed for the first time since 1982.[96][97] Possession of firearms was permitted only inside a dwelling, not in a garage or on the outside grounds of the property. Only one gun at a time was allowed to be kept in a usable state.[96]
On July 19, 2010, Oak Park amended its town ordinance to allow handgun possession in one's home, leaving no remaining town in Illinois that completely banned handguns.[98]
On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act, which set up a permitting system for the concealed carry of firearms. Another provision of this law is state preemption for "the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition". This invalidated Chicago's requirements for gun registration and for an additional permit for the possession of firearms.[18][99]
On September 11, 2013, the Chicago City Council repealed the law requiring the registration of firearms and the law requiring a city issued firearm owners permit.[99][100] They also changed the law to allow the carrying of firearms on the grounds of one's property outside as well as inside the home.[101]
Knives[edit]
In Illinois it is illegal to possess a throwing star or ballistic knife. A knife with a blade more than three inches in length is considered a dangerous weapon, and it is illegal to carry such a knife with an intent to inflict harm on another person's well being.[102][103]
Some local governments have knife laws that are more restrictive than those of the state. In Chicago it is illegal to carry a knife with a blade more than two-and-a-half inches in length.[104]
See also[edit]
FOID (firearms)
Law of Illinois
McDonald v. Chicago
Moore v. Madigan
People v. Aguilar
References[edit]
Jump up ^ "State Gun Laws: Illinois", National Rifle Association – Institute for Legislative Action (NRA-ILA). Retrieved January 8, 2015.
Jump up ^ "Illinois State Law Summary", Law Center to Prevent Gun Violence. Retrieved August 22, 2012.
Jump up ^ "Concealed Weapons Permitting Policy Summary", Law Center to Prevent Gun Violence, August 28, 2013. Retrieved March 19, 2014.
^ Jump up to: a b c "Illinois General Assembly – 430 ILCS 65 – Firearm Owners Identification Card Act". Ilga.gov. Retrieved November 23, 2011.
Jump up ^ "Illinois General Assembly – Public Act 095-0581". Ilga.gov. Retrieved November 23, 2011.
Jump up ^ "Illinois State Police – Firearm Owner's Identification Information". Isp.state.il.us. December 19, 2008. Archived from the original on November 16, 2011. Retrieved November 23, 2011.
^ Jump up to: a b "Acquiring or Transferring Firearms in Illinois", Illinois State Police. Retrieved January 12, 2013.
Jump up ^ Illinois Administrative Code Part 1235 — Firearm Transfer Inquiry Program. Retrieved January 12, 2013.
^ Jump up to: a b Smith, Mitch (August 19, 2013). "New Law Requires Lost, Stolen Guns to Be Reported", Chicago Tribune. Retrieved January 1, 2014.
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