- Free Consultation: (217) 544-4057 Tap Here To Call Us
Can I Carry a Firearm While Drinking in Illinois?
Last Reviewed & Updated: October 16, 2026
By: W. Scott Hanken | Former Sangamon County Prosecutor | Springfield Criminal Defense & Weapons Offenses Attorney | Voted “Best Attorney” — Illinois Times Best of Springfield & State Journal-Register Reader’s Choice | Springfield, IL | Sangamon County | (217) 544-4057 | hankenlaw.com
Guns and alcohol are a dangerous combination, and Illinois law treats them that way. If you hold a concealed carry license (CCL), carrying your firearm while under the influence is a crime in itself. It is separate from anything else that happens that night.
The rules aren’t always intuitive, though. Can you have one beer with dinner? Can you carry into a restaurant with a bar? What happens to your gun if you drive to the bar and drink? Here is how Illinois law answers each of those questions.
Key Takeaways:
- A concealed carry licensee may not carry while under the influence of alcohol or drugs. Illinois judges “under the influence” by the same standards used for DUI.
- A first or second offense is a Class A misdemeanor. A third offense is a Class 4 felony and permanently ends your concealed carry license.
- Bars and restaurants that make more than half their revenue from alcohol are off-limits to concealed carry. Their parking lots have a limited exception.
- If you don’t have a CCL, carrying a loaded gun in public is generally illegal whether or not you’ve been drinking.
What Does Illinois Law Say About Carrying a Gun While Drinking?
The rule comes from Section 70(d) of the Illinois Firearm Concealed Carry Act. It prohibits a licensee from carrying a concealed firearm while under the influence of alcohol, other drugs, an intoxicating compound, or any combination of them.
Statute Callout — 430 ILCS 66/70(d) measures “under the influence” using the standards in subsection (a) of Section 11-501 of the Illinois Vehicle Code. That is the DUI statute.
What Does “Under the Influence” Mean for a Concealed Carry Licensee?
Because the Act borrows the Illinois DUI statute’s standards, the same tests that apply behind the wheel apply to your holster. You can violate the law in more than one way:
- Alcohol concentration of 0.08 or more. At or above 0.08, the standard is met whether or not you feel impaired.
- Under the influence of alcohol. You can be impaired, and charged, below 0.08.
- Under the influence of drugs, intoxicating compounds, or a combination. Mixing a couple of drinks with a prescription medication can be enough.
Is It Illegal to Have One Drink While Carrying?
The statute doesn’t say “no drinking.” It says no carrying while under the influence. In practice, that distinction offers little comfort.
Whether you were impaired is decided after the fact. An officer judges it from your speech, balance, odor, behavior, and any test results. A single drink rarely produces a 0.08 reading. But “I only had one” is a defense you argue in court, not a guarantee you won’t be arrested. The only way to take impairment off the table is to keep alcohol and your firearm apart.
What Are the Penalties for Carrying a Gun While Intoxicated in Illinois?
| Violation | Classification | Possible Sentence | Effect on Your CCL |
|---|---|---|---|
| First | Class A misdemeanor | Less than 1 year in jail; fine up to $2,500 | Section 70(d) specifies no suspension for a first violation |
| Second | Class A misdemeanor | Less than 1 year in jail; fine up to $2,500 | Illinois State Police may suspend for up to 6 months |
| Third | Class 4 felony | 1 to 3 years in prison; probation of up to 30 months is possible | Permanent revocation |
Sentencing ranges come from the Class A misdemeanor sentencing statute and the Class 4 felony sentencing statute. Anyone convicted under Section 70 must also pay a $150 fee to the state’s Mental Health Reporting Fund, on top of court costs.
The felony tier carries the biggest hidden cost. A felony conviction makes you ineligible for a FOID card. That means losing not just your concealed carry license but your right to own any firearm at all. Restoring those rights afterward is difficult, as our post on whether a convicted felon can ever legally own a firearm again explains.
Can I Carry a Gun Into a Bar or Restaurant That Serves Alcohol?
It depends on how much of the business’s revenue comes from alcohol. Under Section 65 of the Concealed Carry Act, you cannot carry into the building, property, or parking area of an establishment that serves alcohol on site if more than 50% of its gross receipts over the prior three months came from alcohol sales.
In plain terms:
- A bar or tavern is almost always a prohibited location.
- A restaurant that serves drinks but earns most of its money from food is not prohibited under this rule. The under-the-influence ban still applies, though. Ordering a drink while carrying there carries the same risks described above.
Prohibited locations must post a standardized 4-inch-by-6-inch sign at the entrance. When you see one, the safe assumption is that your firearm stays in the car.
Carrying into a prohibited location is generally a Class B misdemeanor for a first offense, punishable by up to 6 months in jail and a fine of up to $1,500. A second offense is a Class A misdemeanor, and ISP may suspend your license for up to six months. Three or more prohibited-location violations result in permanent revocation.
What About the Bar’s Parking Lot?
Section 65(b) carves out a limited exception. A licensee may drive into a prohibited parking area with a concealed firearm on or about their person in the vehicle. Before going inside, the licensee may store the firearm or ammunition concealed in a case within the locked vehicle, out of plain view.
A “case” includes a fully enclosing glove compartment or console, the trunk, or another container. You may step into the area immediately around your vehicle only to store or retrieve the firearm in the trunk.
Does This Law Apply If I Don’t Have a Concealed Carry License?
Section 70(d) is written for licensees. That doesn’t help someone without a license. Illinois generally does not allow open carry in public, and carrying a loaded firearm in public without a CCL can be charged as a separate weapons offense whether or not alcohol is involved. That offense was long known as unlawful use of a weapon (UUW).
Statute Callout — Under 430 ILCS 66/70(f), a person with a valid license who is otherwise eligible to carry generally faces only the Concealed Carry Act’s penalties for violating the Act. They do not face certain more serious unlawful-use and aggravated unlawful-use charges for that conduct. A licensee who lets a license lapse, or carries while ineligible, loses that protection.
Can I Drink at Home With a Gun in the House?
The Concealed Carry Act governs carrying a concealed firearm under a license. It does not regulate having a drink in your own living room with a firearm locked in the safe.
Alcohol can still create legal exposure at home. Firing a gun recklessly in a way that endangers someone’s safety is reckless discharge of a firearm, a Class 4 felony. Drinking-related domestic incidents can also lead to an order of protection or a firearms restraining order. Under Section 70(b), either one suspends your concealed carry license for as long as the order is in effect.
What If I’m Pulled Over After Drinking With a Gun in the Car?
This is where the exposure compounds. A licensee stopped after drinking can face a DUI charge and a carrying-under-the-influence charge from the same traffic stop, measured by the same evidence.
Licensees also have a duty to disclose during an investigative stop. When the officer asks, you must say that you are carrying, identify where the firearm is, and allow the officer to secure it for the duration of the stop. Disclosing a firearm is not the same as answering questions about how much you’ve had to drink. You keep the right to remain silent on that subject. For the rules on how a gun must be carried in a vehicle at all, see Can You Carry a Firearm in Your Vehicle in Illinois?
Does the Same Rule Apply to Cannabis?
Yes. Section 70(d) covers drugs as well as alcohol, so carrying while impaired by cannabis is treated the same way. Cannabis users also face a separate federal question. We cover it in Marijuana and Guns in Illinois After U.S. v. Hemani.
How Are Carrying-Under-the-Influence Cases Defended?
Every case turns on its facts, but these charges often come down to a few recurring questions:
- Was the stop or encounter lawful? Evidence gathered after an unlawful stop or search may be challenged under the Fourth Amendment.
- Can the State actually prove impairment? Without a reliable chemical test, the case may rest on an officer’s observations. Those observations can be explained by fatigue, nerves, medical conditions, or weather.
- Was the defendant “carrying”? The location and accessibility of the firearm matter. So does whether it was lawfully stored under the parking-area exception.
- What did the defendant say? Statements made at the scene often become the State’s strongest evidence.
Bottom Line: If you’ve been drinking, your firearm should be locked away, not on your hip. If you’re already facing a charge, the stakes include your record, your license, and, on a third offense, your right to own a gun. Talk to a defense attorney before you talk to anyone else about the case.
Frequently Asked Questions (FAQs)
The law prohibits carrying while under the influence, judged by DUI standards. It is not written as a ban on any drink at all. One drink can still lead to an arrest if an officer believes you’re impaired, and the burden of fighting that charge falls on you. The safest practice is not to drink while carrying.
Yes, if alcohol is 50% or less of the business’s gross receipts and no other restriction applies. You cannot carry into a bar or any establishment where alcohol makes up more than half of sales. Even where carrying is allowed, you still cannot be under the influence while carrying.
The Act uses the DUI standards. A 0.08 alcohol concentration meets the standard on its own, but you can also be charged below 0.08 if you are actually impaired.
Section 70(d) does not specify a license penalty for a first violation. On a second, the Illinois State Police may suspend the license for up to six months. A third violation is a felony and results in permanent revocation. The felony conviction also disqualifies you from holding a FOID card.
Yes. If you’re driving after drinking with your firearm, the same stop can produce both charges. Because both use the same impairment standards, the same evidence is often used to prove both.
During an investigative stop, a licensee must disclose that they are carrying and identify the firearm’s location when the officer asks. That duty doesn’t require you to answer questions about drinking. You can politely decline to discuss it and ask to speak with a lawyer.
Further Reading
Practice Area
Related Articles
- Can a Convicted Felon Ever Legally Own a Firearm Again? — what’s at stake if a third offense makes you a felon.
- Can You Carry a Firearm in Your Vehicle in Illinois? — for when the drinking happens after you’ve driven somewhere with your gun.
- Marijuana and Guns in Illinois After U.S. v. Hemani — if cannabis, not alcohol, is the substance in question.
- Illinois DUI Breath Test Myths: Silence Beats Tricks — what to do when an officer starts asking how much you’ve had.
- Federal Gun Deregulation Won’t Save You From an Illinois Weapons Charge — why federal headlines don’t change your exposure under Illinois law.
Browse by Topic
Ready to Fight Your Weapons Charge in Springfield?
Call W. Scott Hanken at (217) 544-4057 or contact us online for a free consultation. We serve clients throughout Springfield, Sangamon County, and Central Illinois.
About the Author: W. Scott Hanken, Attorney at Law
Scott Hanken is a Springfield, Illinois criminal defense attorney with over 37 years of experience, including service as a former Sangamon County prosecutor. He has been voted Best Attorney by the Illinois Times and State Journal-Register, holds an Avvo 10.0 “Superb” rating, and has earned over 270 five-star Google reviews. He serves clients throughout Sangamon County and Central Illinois.
📍 1100 S 5th St, Springfield, IL 62703 | ☎ (217) 544-4057 | 🌐 hankenlaw.com
This article is for general educational purposes only and does not constitute legal advice. Every case is unique — contact an experienced Springfield criminal defense attorney for guidance on your specific situation.
Address
Our offices are located at the corner of South Fifth Street and Vine, in the historic Mary Bryant Home for the Blind.