Last updated on October 9th, 2023
Everything you need to know about the Illinois Assault Weapon Ban explained in detail. (Updated)
As of 8:28 PM on January 10th, the state of Illinois Governor signed the Protect Illinois Communities Act and thus passed an assault weapon ban. The ban is sweeping and makes numerous changes to various gun laws in Illinois. This so-called “assault weapon” ban won’t stop crime and the Illinois Senate sponsor of the bill, Harmon, acknowledge this fact two separate times on the Senate floor debate on January 9th. If the politicians know this ban won’t stop crime, then I have to ponder why the government wishes to further restrict our firearm freedoms.
What is actually banned? When do the bans go into effect? Conflicting information. It is all very confusing. There were multiple variations of the AWB kicked around the Illinois House and Senate. Each version is different and numerous articles and videos are discussing past versions. We are going to talk specifically about Public Act 102-1116, the actual law passed. Due to how fluid the law-making process is the internet has been filled with outdated or inaccurate information.
This seems like the appropriate time to remind you that I am not a lawyer and nothing I say should be considered legal advice. I’d also like to remind you that anyone can be arrested for anything and one must prove their innocence. That’s now the way it is supposed to be, but that is the way it is. I encourage everyone to read Public Act 102-1116 for themselves and form their own opinions. Feel free to leave a comment if you have any questions, or contact your attorney directly.
Table of Contents
Expectations and Predictions Illinois AWB
Before we jump into the law, I wish to start with my expectations. I want to start here because many people are fearful about all this. Don’t do anything yet. There shall be lawsuits, multiple lawsuits in fact. Different gun groups will attack different pieces of the law. I am hopeful and confident that much of this law will be declared unconstitutional. The gun groups will also seek injunctions or restraining orders seeking to block enforcement of the law, either in whole or parts and pieces. I will include a paragraph within this article explaining exactly who those groups are and encourage you to support the groups who are supporting you.
Illinois AWB Effective Dates
There are multiple effective dates contained within the bill. The bill itself is effective immediately upon the signature of the Governor. Starting at the top, the Illinois State Police have been given authority to basically rewrite the law through the rule-making process. They are also given emergency rule-making authority, and this emergency authority expires one year after the Governor signs the bill. Universal background checks go into effect on July 1st, 2023. The immediate sale shall cease of 50 BMG, 50 cal rifles, and so-called “Assault weapons” upon the signature of the Governor. As of January 1st, 2024, it will be illegal to possess the banned items, unless you owned it before the governor signed AND it is registered with the state. 90 days after the governor signs the bill, the locations where one may possess the banned devices shall go into effect.
Definitions of Banned Items in Illinois
The biggest question is what items are actually banned. I’ll provide both the language of the law below as well as a FAQ section to answer the most frequently asked questions about this Illinois Assault Weapon Ban. But a short list of the banned items is as follows…
Any semi-automatic pistol which can receive a magazine larger than 15 rounds AND has one of the various banned cosmetic features including (but not limited to) threaded barrels, flash hiders, trigger modifications, barrel shrouds, etc… Again the actual language of the law will be provided below. Really what they are trying to ban the AR and Ak style of pistols here, but at the same time, some service pistols and some concealed carry pistols are also banned if they have one or more cosmetic features. Also banned is any semi-automatic pistol that has a fixed magazine larger than 15 rounds. Please continue reading for greater details.
This law bans nearly all modern semi-automatic rifles. Any semi-automatic rifle which can receive a magazine larger than 10 rounds AND has one of the various cosmetic features is also banned. These features include a pistol grip, a thumb hole stock, fire grips & hand stops, etc…, folding stocks, telescopic stocks, detachable stocks, adjustable stocks, flash suppressors, grenade launchers, and barrel shrouds. Also included is any semi-automatic rifle that has a fixed magazine larger than 10 rounds.
Some semiautomatic shotguns have been banned if they have any of the following cosmetic features: pistol grip, thumbhole stock, grenade launcher, fixed magazine that exceeds 5 rounds, or detachable magazines.
50 BMG ammunition is banned. Not all 50-caliber ammunition has been banned with this bill. Yes, previous drafts of the Illinois Assault Weapon Ban did ban all 50 caliber ammunition, but the law that passed only bans 50 BMG ammunition.
Other items have been banned including 50 caliber centerfire rifles, trigger modifications that speed up the rate of fire, 16+ round pistol magazines, 10+ round rifle magazines, any belt-fed semi-auto firearm, and any shotgun with a revolving cylinder. The individual or collective parts and pieces of all the above items have also been banned. The law also lists hundreds of firearms by name and gives the Illinois State Police the authority to add additional firearms to the list.
If you Possess Banned Items…
What if you have these banned items? What now? While immediate sales of these banned items go into effect when the governor signed the law, if you already own any of these banned items you are now grandfathered in and you will be allowed to register them with the state. Registration shall be sometime around October 2023 and you will be required to register no later than Jan 1st, 2024. I wish to remind you that registration equals confiscation 100% of the time. Take for example Governor Ned Lamont says that the state should confiscate previously grandfathered rifles Yes, the Illinois Assault Weapon Ban is similar to the Connecticut ban. The Connecticut overlords graciously allow the plebians of CT to keep their scary black rifles… until now. You can never trust anyone who wishes to take away your liberty. They shall always stab you in the back at every opportunity.
If you do choose to register the firearm before January 1st, 2024, you will only be allowed to have your banned items in the following areas: your property, private property of another with permission, licensed dealers or gunsmiths, firing ranges, while hunting, and to or from any of these locations.
We don’t know what that registration process shall look like nor would I advise anyone to register anything. I’d also never advise anyone to break the law. There are other options such as removing your firearm from the state. Non-compliance is also another option but I would be negligent as an instructor to advise anyone to ignore the law. Note one risks their freedom if they were not to comply.
Nullification
The majority of the Sheriffs, and many States Attorneys, in the state of Illinois, have publicly stated they will not enforce Pritzker’s Assault Weapon Ban. However, don’t forget that there are other agencies who could attempt to enforce it. Also, remember that county board members do not enforce the law, so if the statement wasn’t made by the Sheriff AND State’s Attorney (both), proceed with caution!
It’s incredibly unlikely police would go door to door. However if one were to be pulled over while transporting a unregistered banned items, that could prove to be problematic. Also don’t forget about reg flag laws, orders of protection, etc… They’ll pick us off one at a time if we allow it.
Other Changes to the Illinois Law
The Protect Illinois Communities Act also extends the Firearm Restraining Order time frame from 6 months to 1 year. Originally Firearm Restraining Orders were passed under Governor Rauner and hailed as a bi-partisan compromise bill. As with all gun laws, when you give an inch they take a mile and keep nibbling away at our freedoms.
The law changes the effective dates of Universal Background Checks (UBC) in Illinois. As you may recall universal background checks became a thing with the passage of the FOID Modernization Act in 2021. This ban on the private sale of firearms was scheduled to go into effect on January, 1st 2024. However, a middle finger from the anti-freedom legislators pushed up the timetable to July 1st, 2023. Also, the fee for the background check was raised from $10 to $25. Enough is never enough, the anti-freedom politicians always want more of your freedom. Universal Background checks mean private transfers of firearms are mostly banned with some exemptions for immediate family members. See How to Sell A Gun In Illinois.
Exemptions to the Illinois Assault Weapon Ban
Are there any exemptions? Yes. There are exemptions for possession by law enforcement, the armed forces in their official duties, possession by licensed dealers, and possession by licensed security officers in the commission of their duties, Olympic or international competitors, and coaches, and Nonresidents are allowed to transport these banned items through Illinois for a period not more than 24 hours. Certain firearms are also exempt including bolt action, pump action, lever action, antique firearms, revolvers, etc… Also de-milled firearms are exempt. Muzzleloaders are exempt.
Court Challenges to the Illinois Assault Weapon Ban
Having said all that, I’ve got to say this: Don’t freak out yet. Multiple gun groups have already pledged to file lawsuits against the state for the passage of the poorly named “Protect Illinois Communities Act”, what we are calling an assault weapon ban. Multiple politicians who sponsored the bill have already declared, “See you in court.” I am quite positive that the gun groups will seek a temporary injunction or restraining order preventing the state from implementing and enforcing its new law. I am also confident that the vast majority of these court cases shall be successful but will take years to litigate. If there is no injunction issued, then will be the time to freak out.
Support gun groups who support us, but Caveat Emptor! These cases won’t be cheap, and there shall be several court cases. There are already groups with their hands out begging for money. I get it, like I said these cases won’t be cheap. However, some of these beggars have done nothing for Illinois. One, in particular, is known to have a history of similar scams. Another is asking for money to join the law suit. Personally, I am waiting. I will donate, but I am waiting until I have case numbers. Once I have those case numbers, I’ll be posting a list on this page.
Cases Pending
- Law Weapons in Naperville, backed by the National Association for Gun Rights, filed suit seeking an emergency injunction which if granted would prevent the enforcement of Illinois’ “assault weapon” ban. More details soon.
- A group of 3 citizens, seemingly with no affiliation to any gun group, filed suit in Crawford County court against Brendan Kelly, the director of the illinois State Police. This case seeks to have the courts declare the “Assault Weapon” ban unconstitutional. Langley V Kelly
- Accuracy Firearms V Pritzker, filed in Effingham County – In this case, the attorneys are not necessarily attacking the new Illinois Assault Weapon ban based on second amendment principals, but instead on the procedural method of how the law was passed.
- The Firearm Policy Coalition, Second Amendment Foundation and Illinois State Rifle Association filed suit in Federal Court against the State of Illinois and various politicians and Bureaucrat requesting an injunction which, if granted, would prevent enforcement. Harrell V Raul
- NSSF files suit. Filing here.
- FFL-IL files suit. Filing here.
I would like to extend an offer to any pro-freedom group that is filing suit against the state of Illinois: Join our Affiliate Program. You could be earning ongoing residual donations to help fund this and future lawsuits.
Government Misinformation
The following is a letter from the Illinois State Police Firearm Service Bureau sent to all FFL’s in Illinois…
From: “ISP.FSB.FDLC” <[email protected]>
Date: January 10, 2023 at 8:49:00 PM CST
Subject: INFORMATION ON HOUSE BILL 5471Dear FFL –
Today the Illinois Legislature passed House Bill 5471 and will become effective immediately upon signing by Governor J.B. Pritzker. Several changes impact the sales of firearms and large capacity magazines. Below are some of the highlights of the changes:
Assault Weapons Ban
o Immediately ends the manufacture, delivery, sale, import, and purchase of assault weapons
o Allows possession and legal use of existing assault weapons by a person who possessed them before the effective date, so long as the weapon is endorsed with ISP by January 1, 2024
▪ Beginning January 1, 2024, an endorsed weapon may only be transferred in limited situations, one being a federal firearms licensed dealer
Large Capacity Magazines Ban (LCM)
o Immediately bans the manufacture, delivery, sale, or purchase of large capacity magazines.
▪ More than 10 round magazine for long guns
▪ More than 15 round magazine for handguns
o 90-days after effective date, possession is prohibited unless the person possessed the device prior to the effective date. Possession is only allowed on private property, on the premises of a FFL for repair, while on a firing range or sport shooting competition venue, or while traveling to or from such locations.
Rapid-fire Devices Ban
o Immediately bans devices that increase the rate of fire of a semiautomatic firearm.
The Illinois State Police strongly encourages you to read the bill in its entirety via the link below
https://www.ilga.gov/legislation/102/HB/PDF/10200HB5471sam003.pdf
Additional information will be made available at a later date.Thank you.
Illinois State Police,
Firearms Services Bureau
In my lay-man opinion most of this is accurate. However a large inaccuracy is “Immediately ends the manufacture, delivery, sale, import, and purchase of assault weapons”. We know this isn’t true, because the law says:
(f) Any sale or transfer with a background check initiated
Public Act 102-1116
to the Illinois State Police on or before the effective date of
this amendatory Act of the 102nd General Assembly is allowed
to be completed after the effective date of this amendatory
Act once an approval is issued by the Illinois State Police and
any applicable waiting period under Section 24-3 has expired.
It seems clear to me that so long as the background check was initiated before the governor signed the law, that the gun store may still sell you the firearms. Perhaps if your gun store cancelled your sale, you present this evidence to them. However ultimately gun stores often err on the side of caution as they are beholden to the government to remain in business.
Some more misinformation I saw came from the Illinois Association of the Chiefs of Police. While the ILACP is not a government entity, some government entities do rely on their input. In their letter to their members dated January 11th, they get some things wrong. The full letter is 4 pages long, but here are the highlights below.
As I look through the ILACP document titled, GUIDE AND EXPLANATION OF HB 5471 Amendment 3, dated Jan. 11, 2022, I see some things I believe may be inaccurate.
The ILACP document states,
Beginning Jan. 1, 2024, it is illegal to manufacture, deliver, sell, or purchase any assault weapon, assault weapon attachment, .50 caliber rifle, and .50 caliber cartridges in the state,
There are multiple effective dates contained within the new law. It is my interpretation this ban is already in effect as of the time the governor signed the document, on Jan 10, 2023.
The ILACP document states,
Those who already lawfully own an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device must provide an endorsement affidavit to ISP no later than Oct. 1, 2023.
It is my interpretation that the deadline for the ISP to create a registration portal is Oct 1, 2023, but the deadline for citizens to register their banned items is Jan 1st, 2024.
The ILACP document states,
Beginning 90 days after the effective date, a person authorized to possess an assault weapon, assault weapon attachment, .50 caliber rifle, and .50 caliber cartridges shall possess the item(s) only:
o On private property not open to the public without permission
It is my interpretation that the person possessing the banned items needs permission from the property owner, but the bullet point states the opposite.
The ILACP document states,
People would not be allowed to possess, manufacture, sell, or buy a semi-automatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds and…
The ILACP document fails to point out that semi-automatic pistols which can hold greater than 15 rounds are allowed so long as they don’t have cosmetic features such as a threaded barrel, flash hider, or trigger modifications. Also, semi-automatic rifles capable of holding greater than 10 rounds are allowed if they don’t have specifically banned cosmetic features. The way the ILACP document is worded, all semi-automatic handguns with detachable magazines would be banned since all semi-automatic firearms capable of receiving detachable magazines can receive “high capacity” magazines.
The ILACP document states,
Voluntary fingerprint submission for FOID card applicants starting Jan. 1, 2023.
This really doesn’t pertain to enforcement however fingerprints are already voluntary, the IACP cites a page within the document that is not an amendment to existing law but is existing law, and furthermore the new law, Public Act 102-1116 (the Protect Illinois Communities Act) actually does state Jan 1st, 2022 — not 2023.
Illinois Assault Weapon Ban FAQ and Myths
I have received hundreds of questions through email, private message, and as replies on social media. In addition I have read through a slew of misinformation. In an effort to condense all those answers, I have created this FAQ to answer all of the common questions and address the myths about the Illinois Assault Weapon Ban…
The short answer is probably not. The Protect Illinois Communities Act bans semi automatic pistols with detachable magazines larger than 15 rounds AND have one or more banned cosmetic feature. Therefore if your Glock 19 is factory, it probably isn’t banned.
(C) A semiautomatic pistol that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a threaded barrel;
(ii) a second pistol grip or another feature
capable of functioning as a protruding grip that can
be held by the non-trigger hand;
(iii) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;
(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
at some location outside of the pistol grip; or
(vi) a buffer tube, arm brace, or other part that
protrudes horizontally behind the pistol grip and is
designed or redesigned to allow or facilitate a
firearm to be fired from the shoulder.
(D) A semiautomatic pistol that has a fixed magazine
with the capacity to accept more than 15 rounds.
Probably not. While the magazines are certainly banned for the majority of citizens, the firearm its self doesn’t appear to be banned, if you can find 15 round magazines that fit.
(C) A semiautomatic pistol that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a threaded barrel;
(ii) a second pistol grip or another feature
capable of functioning as a protruding grip that can
be held by the non-trigger hand;
(iii) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;
(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
at some location outside of the pistol grip; or
(vi) a buffer tube, arm brace, or other part that
protrudes horizontally behind the pistol grip and is
designed or redesigned to allow or facilitate a
firearm to be fired from the shoulder.
(D) A semiautomatic pistol that has a fixed magazine
with the capacity to accept more than 15 rounds.
The Illinois Assault Weapon Ban specifically names the Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF as being a banned item. However in my layman opinion the “ranch” version likely would be permissible if it didn’t have one or more of the banned cosmetic features.
(A) A semiautomatic rifle that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, thumbhole, or
detachable stock, or a stock that is otherwise
foldable or adjustable in a manner that operates to
reduce the length, size, or any other dimension, or
otherwise enhances the concealability of, the weapon;
(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition.
Sadly yes, the Ruger 10/22 is now considered an “assault weapon” in Illinois if it has one or more of the banned comspetic features.
(A) A semiautomatic rifle that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, thumbhole, or
detachable stock, or a stock that is otherwise
foldable or adjustable in a manner that operates to
reduce the length, size, or any other dimension, or
otherwise enhances the concealability of, the weapon;
(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition.
No. While previous versions of the proposed ban did allow for rimfire exemption, the Protect Illinois Communities Act only exempts .22 rifles with fixed tubular magazines.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition.
Illinois allows a 24 hour exemption for non-residents to pass through with a banned “assault weapon”.
(ii) Any nonresident who transports, within 24 hours,
a weapon for any lawful purpose from any place where the
nonresident may lawfully possess and carry that weapon to
any other place where the nonresident may lawfully possess
and carry that weapon if, during the transportation, the
weapon is unloaded, and neither the weapon nor any
ammunition being transported is readily accessible or is
directly accessible from the passenger compartment of the
transporting vehicle. In the case of a vehicle without a
compartment separate from the driver’s compartment, the
weapon or ammunition shall be contained in a locked
container other than the glove compartment or console.
The short answer is probably not. While these items will still be readily available outside of Illinois, and both Illinois and Federal law allow one to buy a long-gun outside of Illinois, Federal law also requires gun stores to comply with the laws in the buyer’s state. This means if the gun store is aware of our laws, they wouldn’t sell you a banned firearm.
Banned magazines, parts and pieces would likely be more easily attainable out of state. However the possession has been banned unless you owned the items at the time the law was passed. And, importation has also been banned. This shifts the question to how can this be enforced, and your guess is as good as mine.
The Illinois Assault Weapon Ban specifically bans the importation of parts. Parts and pieces are going to be difficult to get. Difficult doesn’t mean impossible. RSR Group, one of the largest distributors of gun parts, has already ceased shipments to Illinois. One may think, just go buy elsewhere, however the vast majority of internet dealers are drop shippers who have no inventory. If their distributor won’t ship, their hands are tied.
This causes some concern for people who may need to maintain or fix damaged parts and pieces.
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
Technically most guns aren’t registered when purchased. This doesn’t mean the government can’t track what you own. The current process is a reverse-registry. When one buys a firearm in Illinois there are various forms and multiple background checks. These background checks are recorded and may be researched. What the government wants is to be able to type your name into a computer and see exactly what you own. Make no mistake, the reverse registry is a registry, but the government wants more.
Yes. Some stripped receivers are banned in Illinois if they have been banned by name. In theory one can build a compliant AR15, but the Protect Illinois Communities Act bans AR15’s and all variants.
(J) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon:
(insert the name of hundreds of firearms here)
See: https://ilga.gov/legislation/publicacts/102/PDF/102-1116.pdf
The law also states:
“Assault weapon attachment” means any device capable
of being attached to a firearm that is specifically designed
for making or converting a firearm into any of the firearms
listed in paragraph (1) of this subsection (a).
There is some gray area if one may transfer a firearm before October 1st 2023. Actually, it’s not so gray, they law says you can’t. However the following process is how one may transfer after October 1st, 2023. Remember the part when I said the law was poorly written?
After October 1st 2023, under very limited circumstances, Illinois shall allow banned items to be sold. However those limited circumstances include sales from the private individual to a gun store, sales from a private individual to an out of state source (federal laws apply), to an heir.
Right now, there is no registration fee. However this could change with the passage of the administrative rules. We don’t know much about the registration process at this time, as the law makers simply left it up to the ISP to decide how to handle it. All we do know is it shall be done through the ISPFSB portal and the ISP should make “reasonable effort” to have the registration portal complete by October 1st 2023, and we must register no later than Jan 1st 2024.
If you have a question, please leave a comment.
The full text of the Illinois Assault Weapon Ban may be read here: https://ilga.gov/legislation/publicacts/102/PDF/102-1116.pdf
The Illinois department of corrections uses mini 14s are they going to have those weapons replaces by weapons that shoot puffs of pulverized flowers and rose water?
Of course, law enforcement is always exempt. The government wants to control the citizens, not themselves.
(e) The provisions of this Section regarding the purchase
or possession of large capacity ammunition feeding devices, as
well as the provisions of this Section that prohibit causing
those items to be purchased or possessed, do not apply to:
(4) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
Oh yeah that makes total sense. I can really see why not being able to own a rifle in home defense is worth of prison time, but local police officer can have one. Makes almost as much sense as not owing a pistol till 21, but being able to get drafted at 18. Nope, perfectly understandable.
.50 beowulf?
Only 50 BMG is banned ammunition per this law.
(6) “.50 caliber cartridge” means a cartridge in .50 BMG
caliber, either by designation or actual measurement, that is
capable of being fired from a centerfire rifle. The term “.50
caliber cartridge” does not include any memorabilia or display
item that is filled with a permanent inert substance or that is
otherwise permanently altered in a manner that prevents ready
modification for use as live ammunition or shotgun ammunition
with a caliber measurement that is equal to or greater than .50
caliber.
How about a ruger lc carbine 5.7×28?? It come with a 20rd magazine but they also make a 10rd magazine my thing it comes with a folding adjustable stock. Can I just remove the stock and not have to worry about it??
What is the new law on spare magazine?
What is the new law on back up gun?
I haven’t seen any restrictions on carrying a spare magazine nor have I seen any restriction on carrying a backup gun.
I submitted my background check paperwork for a VR60 12 guage at 5 pm on Tuesday, but it looks like the bill wasn’t finalized until Tuesday night. I was under the impression that I could still get this rifle since paperwork was submitted before the bill was finalized. Any thoughts on this?
You should be good to go…
(f) Any sale or transfer with a background check initiated
to the Illinois State Police on or before the effective date of
this amendatory Act of the 102nd General Assembly is allowed
to be completed after the effective date of this amendatory
Act once an approval is issued by the Illinois State Police and
any applicable waiting period under Section 24-3 has expired.
You appear to be mis-explaining the new law.
It says semiautomatic rifle or handgun that can accept a detachable magazine AND has at least 1 of a list of features.
That doesn’t mean if it just can accept a detachable magazine. It ALSO has to have an additional ‘feature’ listed in the bill. So not all handguns and not all semiauto rifles qualify.
I understand the way I previously presented the information wasn’t clear. I have updated the article to be more organized, and have recorded a new video as well to improve clarity. This article has already been updated, and the new video will drop on the 20th.
I’ve been trying to decipher this law and determine does this apply to military member’s personal weapons or are those exempt from registration. I know you stated the military, but is that extended to the active duty military member (I.e. my weapons and magazines), or simply a statement that the federal government can use those weapons within the borders of IL?
(e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, as well as the
provisions of this Section that prohibit causing those items
to be purchased or possessed, do not apply to:
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
performing their official duties or while traveling to or
from their places of duty.
I went to a FFL and the clerk stated that Law Enforcement is exempt from the new law but my question is, What about law enforcement officers that serve in the Illinois National Guard? For example, SF (USAF Security Forces), MP (Army Military Police), MA (Navy Master at Arms), ME ( Coast Guard Maritime Enforcement) etc.
(e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, as well as the
provisions of this Section that prohibit causing those items
to be purchased or possessed, do not apply to:
(2) Qualified law enforcement officers and qualified
retired law enforcement officers as defined in the Law
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
and 926C) and as recognized under Illinois law.
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
performing their official duties or while traveling to or
from their places of duty.
Is it possible to buy a firearm at an out of state gun show from a private individual?
What are the penalties for violating the law? Confiscation, fine, jail…?
Depends on the offense. 720ILCS5/24-1(b)-Sentence, as amended by Public Act 102-116, suggests that “carry or possession” violations fall into the Class A misdemeanor category. Offenses of “manufactures, sells, delivers, imports, or purchases…” would be a Class 3 felony.
The .pdf document of Public Act 102-116 contains this information on page 78. That said, always good for you to double check statements made on the web / consult with your attorney for confirmation.
I have been looking for an answer to this too. “Possession” as it is used in the law is used to mean in physical possession, as in immediate contact.
There are two types of possession. First is actual possession, sometimes called possession in fact. That is a possession that is physical or actual, or the item is in your control. That is easy to understand, but the second is constructive possession.
Constructive possession is more vague. The item may not be physically in your control, but you may be aware of it or have access to it. For example, it is in a storage unit and you have access to that storage unit. Constructive possession is more gray and you’ll have to prove your innocence.
Remember, I am not a lawyer and nothing I say should be considered legal advice and we are always guilty until proven innocent and cops will arrest you if they *think* what you did *might* be against the law.
FWIW in my opinion, for purposes of PICA, possession ends at the state line.
Correction……….Public Act 102-1116. Noticed the typo’s the prior post.
The prior statements pertain to Section 24-1(a)(15) “Carries or possesses any assault weapon, .50 caliber rifle………..” and Section 24-1(a)(16) “Manufactures, sells, delivers, etc. etc.”, both of which are new to 720ILCS5/24-1.
There is also a new section 720ILCS5/24-1.10 that addresses “large capacity ammunition feeding devices” This section includes its own sentence subsection for related offenses, 720ILCS5/24-1.10(g) found on page 110 of the .pdf document of Public Act 102-1116.
It suggests that the penalty for any violation of Section 24-1.10 would be considered a “petty offense with a fine of $1,000 for EACH violation.”
Would a Benelli model 11794 be banned? I’ve seen a couple interpretations regarding semi-auto shotguns with a pistol grip vs a semi-auto shotgun with Only a pistol grip without a stock attached. Which is it?
Also, it appears magazines can be registered, so if registered can a person continue to use their previously owned large capacity magazines?
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
than 5 rounds; or
(vi) the capacity to accept a detachable magazine.
Tried to get an upgraded bolt carrage for an ar15 I live in illinois. All the places will not ship you parts for an ar15 if you live in illinois. It is not part of the ban. The lower case is the only serial numbered item. Why will they not ship the other parts?
I ordered one through Failzero directly, and they shipped one out to me.
What about a 10/22 with a threaded bull barrel and comp? Seems like it may be banned.
What if I remove the comp and replace with a thread protector?
Ridiculous I know.
Wading through tis is confusing as many publications are simply in conflict with each other. Let me ask 2 specific questions:
– Is a semiautomatic shotgun with a pistol grip banned like many home-defense models like the Mossberg SA-20? Or does it ALSO have to have the capacity for a detachable magazine? I have read both. This model is not on the list of 170 banned rifles.
– I read that if you owned the high capacity magazines previous to the bill, you can still own them, but only have them on private property, the range, or at a repair shop. True? How do they know you owned them prior? Magazines are not registered, the guns are. And what about legally owned law enforcement marked high capacity mags?
To your first question, semi-auto shot guns with pistol grips are banned.
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
than 5 rounds; or
(vi) the capacity to accept a detachable magazine.
To your second question, yes you may keep your scary “high capacity” magazines if you owned them before the ban was enacted. How do they know? Your guess is as good as mine, but remember a couple of things: We are guilty until proven innocent so be prepared to cough up receipts or pay a lawyer thousands of dollars. Second, the purchase and importation of banned items are verboten.
I have several bolt action rifles with threaded barrels on consignment with my dealer. My dealer was notified by the state that any rifle with a threaded barrel is an assault weapon. He was also advised that any items owned by a private individual which are on consignment in a gun store or in a pawn shop cannot be returned to the owners. Is this correct?
Dan, that is not correct. Bolt-action firearms are specifically exempt from the definition of “Assault weapon”.
(2) “Assault weapon” does not include:
(A) Any firearm that is an unserviceable firearm or
has been made permanently inoperable.
(B) An antique firearm or a replica of an antique
firearm.
(C) A firearm that is manually operated by bolt, pump,
lever or slide action, unless the firearm is a shotgun
with a revolving cylinder.
https://www.ilga.gov/legislation/publicacts/102/PDF/102-1116.pdf
That was my reading of the statute as well. Unfortunately, the state is telling dealers that any weapon with a threaded barrel is an assault weapon. Moreover, my reading of the statute would indicate that a threaded barrel on a rifle, semi-automatic or otherwise, does not cause that rifle to be an assault weapon unless it has one of the other enumerated characteristics. Am I off-base here?
The state has also told dealers that they cannot return consigned weapons to their rightful owners if they are deemed to be assault weapons.
What if you purchase a banned rifle online froma gun shop after the ban date? They take payment and you wait? Do they reverse payment and decline or sell anyway? What can one expect if they purchase wonline from a local gun shop?
I Would also like to know what would happen
Thanks very much for your answers. I do not see the model shotgun I mentioned on the list, but thats not all-inclusive. Regarding the high capacity magazines, they are all LEO only marked and I retired 10 years ago, so I think the fact I owned them before this year is self-evident. I will say I was worried that the allowable capacity was only 10 rounds, but seeing its 15 thats not terrible.
Can we still buy a 50ae desert eagle in Illinois ?
Can I buy a semiautomatic pistol that can take an 18 round mag (Canik Mete), buy 15 round mags separately, and have the store keep/destroy the 18 round mags that come with the gun?
Is it still possible to SBR a pistol in illinois after the ban? I was in the process of doing the step to do so. I just got my type 3 ffl when the ban started. I was going to try anyway but thought I should check around first.
My children live in other states. I want to give them their inheritance now. What does this new law mean to me/them when I give them products that are covered by this law?
Check federal laws for transfers of ownership to immediate family members. See if there are any exemptions. Typically you would need to send the firearms to a FFL, if there are no exemptions for transfers to immediate family members. Illinois law doesn’t affect transfers to private parties in other states.
Trust is your choice
Two questions. Is it just the Ruger Mini 14 20/CF that is banned?
And is the Springfield Armory M1A a banned rifle?
I keep most of my weapons in a personal safe at a family members farm in an unrestricted state. Do I need to bring them back and get them registered here? They were all purchased through an FFL in Illinois. Can I just move anything under the ban list to the farm and leave them without being forced to register them until this BS get over turned.
we have to register them when running a background check and under Blago they passed a law allowing IL to keep those records indefinitely. Are they likely to show up because of that list and demand I surrender them because they are not on the new list?
Thomas, I believe I read this all correctly and I read it twice. My Henry Silver Boy .22 lever action holds 16 +1 .22 LR but over 20 rounds .22 longs in a tube. I beleieve it is exempt correct ? Because it is Lever action not semi auto. Just to clarify. Also thanks for all the info and your time on this subject, very much appreciated!
In my layman opinion, you should be good to go with any lever action.
Would a standard rifle stock be considered a shroud as spelled out in the “features” of an assault weapon for a semi-automatic rifle?
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned….
According to the test of the Ban, it seems like as long as your AR has a fixed 10 round mag, you’re all good. Can someone confirm? @ Thomas your insight would be greatly appreciated.
As far as Ruger 10/22s go, if it’s a base stock rifle is it considered an AW? It’s a semi with removable magazines but doesn’t seem to have any of the additional things that would make it one. My FFL specifically said it was NOT considered a AW in that config but I’m hearing different things.
Bolt action ar15, banned or exempt?
I’ve read that pump action shotguns are not consider “assault weapons”. But does the magazine restriction part of the law ban the Remington 870 Express Tactical? I’d heard that because the mag tube is longer OR “could be” unscrewed and replaced with a larger capacity one – the ban applies. The existence of mini-shells for shotguns also confuses the capacity issue. I suppose because it’s black that makes it more scary.
Will i be required to register all my 9MM magazines over 15 rounds? Also, will this require me to register my hand guns?
Matt
I really don’t like this law, and first hand in my city it isn’t really helping. There’s been 2 or 3 fatal shootings in the past week, I can’t remember, I’ve been busy with school and holding a 4.0 gpa so I can get into college. All with small handguns. The banning of these weapons hasn’t fixed anything. My only.problem is I don’t know how to lower gun violence. Removing a few guns doesn’t help, but I really don’t know any other way. Maybe improve background checks and safety stuff? I don’t really know.
People will always find a way to be violent I guess.
These bans are intended to protect the people in power because they plan to do things to you for which they know you will want to shoot them.
Otherwise, why would .50 caliber be banned? How many people have been murdered with .50 cal?
Otherwise, why are semi auto rifles banned when so few gun homicides are committed with rifles?
It’s all about power. Register nothing. Pile up ammo. Resist them absolutely.
“Failing to complete and submit the required endorsement affidavit is a violation of Illinois law – specifically, the FOID Act (Class A misdemeanor) and the Criminal Code of 2012 (1st offense – Class A misdemeanor; second or subsequent offense – Class 3 Felony). Persons who violate the endorsement affidavit requirements may be arrested and charged.”
It’s all about power. Agreed. But failure to comply/register is a crime. Those of us affected have a little over two months as of this writing to decide if we are willing to become Felons/Criminals on January 1st.
Choose wisely. And be prepared to do “The Time” if you have decided to do “The Crime”. This issue is not simple nor is it black or white/comply or resist. There are consequences that are unclear at this time, IMO.
I have a question: The ISP states that if you legally possessed an “Assault Weapon” before enactment of PICA, you can keep it if you file a disclosure affidavit. What about if we purchased now banned firearms but are no longer in possession of them? Like we are storing them outside of Illinois? Is it still a crime to not submit a Disclosure Affidavit even if one is not in possession of the banned item?
VooDoo
If you have sold the firearms, you are no longer in possession, therefore there is no reason to register items that aren’t in your possession. I am not a lawyer and you can be arrested for anything and are guilty until proven innocent.
If I have a Glock 17 and an Endo attachment and Blade brace, does the law require I register only the attachment, or both the attachment and the G17?
Are there any other laws that could apply to a legally owned (disclosed) “assault weapon?” In other words, could disclosure violate a Fifth Amendment right to not provide information incriminating oneself?
What are your thoughts on modifying a standard AR-15 using a Kali Key to not cycle the gas and operate in semiautomatic mode? Would that make it exempt as a bolt action rifle so long as you no longer possess the original BCG parts? Seems to work in California.
The PICA law says that bolt action rifles are exempt, but it is unlikely a cop understands the subtlety of the law and one may be arrested for any reason and be forced to prove their innocence. Also, don’t forget to “dispose” of the old bolt carrier group so the prosecutor can not argue “constructive possession”.
LAW Weapons in Naperville is selling a similar item to the cali key. I often wondered why not simply remove and plug the gas tube thus making the rifle into a bolt action.