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Illinois Assault Weapons Ban FAQ's

Illinois Assault Weapons Ban FAQ's

Dan E
Dan E
Jan 17, 2023 4:58:51 PM
Gun Control, News, Politics, Gun Laws

The new act is very confusing, extremely detailed, and hard to understand.

Update: Wednesday, February 1 12:05 PM
 The Appellate Court Fifth District issued a ruling upholding the Effingham County court's Temporary Restraining Order barring enforcement of the Illinois Assault Weapon and Magazine ban.  This TRO applied only to 866 named plaintiffs, each of whom paid $200 for the privilege of being able to purchase or sell items from or to other named plaintiffs.

The Appellate Court finding is here.
 
There is a lot of bad reporting this morning about this ruling, claiming it extends statewide.  This is incorrect.  The appellate court rules only on the issues before them, the Effingham case.  They did state that their decision on a TRO in one of four counts (equal protection) should be binding on lower courts statewide if they contemplate similar cases.
 
The law remains in effect in Illinois except for the people who paid the $200 fee to be exempted temporarily.

 

Update: Thursday, January 26 12:05 PM
The ILGRA, a coalition of five 2nd Amendment rights organizations, filed a federal lawsuit yesterday challenging the Illinois "Assault Weapon" and Magazine Ban. 

Update: Friday, January 20 5:20 PM
A state court judge has issued a Temporary Restraining Order against this ban.  NOTE: This TRO applies only to the 866 named plaintiffs, who are 862 individuals and 4 FFL’s.  If you are  a named plaintiff, you may buy from one of the named FFL’s.  Maxon is not one of them.  Our complaint will be filed in Federal court Monday, and it will apply universally when we win.

For specific questions, please see our FAQ dropdowns below. But for immediate assistance, please contact the Bill's Sponsors:

Since they're the gun law experts, we're certain they can clear up any questions you may have.

We have rehosted the full text of HB5471 Enrolled Public Act 102-1116 here on our site for the purpose of adding quick links to more easily find certain info. The blue hyperlinks in this article will open to the public act quick link in a new tab, and the red hyperlinks in this article will jump you to a reference point on this page. Purple links will take you OFF our site.
When reading the public act remember that new law is underlined, and law that is replaced or deleted is struck through.

Disclaimer:  The information provided in this article does not, and is not intended to, constitute legal advice. It is for general informational purposes only. Laws on this topic may change frequently. Maxon may not update this post as laws change. Readers and customers are responsible for knowing their Federal, state and local laws regarding firearm ownership. You are encouraged to consult with your own legal advisors when making any firearm or related purchase.

What is in effect now?

1. No sales of “Assault Weapons”, “Large Capacity” magazines, "Assault Weapon Attachments", .50 caliber rifles, or .50 BMG ammunition. 720 ILCS 5/24-1.9. & 720 ILCS 5/24-1.10.
  • "Assault Weapon" definition is very long and complicated. The list of specifically banned models is also very long.
  • No sales of rifles that have the ability to accept a magazine that holds more than 10 rounds.
  • No sales of handguns that include a magazine that holds more than 15 rounds. The handgun can still be sold, just not with the magazines if they can hold more than 15 rounds. 

2. Person-to-person (private) transfers going forward must provide a record of the transfer to an FFL by the buyer within 10 days. Such records shall contain:

  • the date of the transfer
  • the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available
  • and, if the transfer was completed within this State, the transferee's FOID Card number and any approval number or documentation provided by the Illinois State Police Firearm & Ammunition Transfers page; if the transfer was not completed within this State, the record shall contain the name and address of the transferee.

We do not have a system in place to provide this service.

3. Firearms restraining orders (court issued to those that poses a significant danger of causing personal injury to himself, herself, or another) are now 6-12 months, with the possibility of another 24 months of extensions upon renewals). 430 ILCS 67/45(4)

What goes into effect April 10, 2023, 90 days after the bill was signed? 

1. Pre-ban owned guns, attachments, ammo and pre-ban owned magazines by people authorized to, shall possess such items only:
  • on private property owned or immediately controlled by the person
  • on private property that is not open to the public with the express permission of the person who owns or immediately controls such property
  • while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair
  • while engaged in the legal use of banned items at a properly licensed firing range or sport shooting competition venue; or
  • while traveling to or from these locations, provided that banned item is unloaded and is enclosed in a case, firearm carrying box, shipping box, or other container.
2. Magazines capable of holding more than 15 rounds can no longer be concealed carried for the above reasons. 

What goes into effect on July 1, 2023?

Person-to-person (private) transfers going forward must be conducted by an FFL on behalf of the SELLER in order run and record a background check. Until July 1st the seller shall use the Illinois State Police Firearm & Ammunition Transfers page to confirm FOID validity of the buyer.

What goes into effect on January 1, 2024?

Completion of registration of “assault weapons”, .50 caliber rifles, "assault weapon attachments", and/or .50 BMG caliber cartridges required by submitting electronically to the Department of State Police in an affidavit or application for an endorsement through the individual's Firearm Owner's Identification Card account on ispfsb.com. They have not yet developed a system for doing so, but are required to have that in place by October 1, 2023. 720 ILCS 5/24-1.9.(d) & 430 ILCS 65/4.1.(a)

Click the questions below for answers about the Illinois "Assault Weapons" Ban.

 
Manufacture, possession, delivery, sale, and purchase of "assault weapons", .50 caliber rifles, and .50 caliber cartridges. 720 ILCS 5/24-1.9.
Manufacture, delivery, sale, and possession of "large capacity" ammunition feeding devices. 720 ILCS 5/24-1.10.
Possession as mentioned above does not apply if you are grandfathered in.
"Assault weapon" means any of the following, except as provided in subdivision (2) of this subsection:
  • 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:
    1. a pistol grip or thumbhole stock, 2. any feature capable of functioning as a protruding grip that can be held by the non-trigger hand , 3. 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, 4. a flash suppressor, 5. grenade launcher, 6. 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.
  • 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.
  • 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:
    1. a threaded barrel, 2. a second pistol grip or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand, 3. 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, 4. a flash suppressor, 5. the capacity to accept a detachable magazine at some location outside of the pistol grip; or 6.  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.
  • A semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds.
  • Any shotgun with a revolving cylinder.
  • A semiautomatic shotgun that has one or more of the following:
    1. a pistol grip or thumbhole stock, 2. any feature capable of functioning as a protruding grip that can be held by the non-trigger hand, 3. a folding or thumbhole stock, 4. a grenade launcher, 5. a fixed magazine with the capacity of more  than 5 rounds; or 6. the capacity to accept a detachable magazine.
  • Any semiautomatic firearm that has the capacity to accept a belt ammunition feeding device.
  • Any firearm that has been modified to be operable as an assault weapon as defined in this Section.
  • Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person. 720 ILCS 5/24-1.9.(a)(1)
"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 the "Assault Weapon" definition. 720 ILCS 5/24-1.9.(a)(3)
Yes. Any part or combination of parts designed or intended to convert a firearm into an "assault weapon", including any combination of parts from which an "assault weapon" may be readily assembled if those parts are in the possession or under the control of the same person 720 ILCS 5/24-1.9.(a)(1)(I)
Yes, your "Assault Weapons" are grandfathered in as long as you complete the endorsement affidavit requirements by January 1, 2024. 720 ILCS 5/24-1.9.(d)
Your "Large Capacity" magazines are grandfathered in as long as you only possess: 
1. on private property owned or immediately controlled by the person
2. on private property that is not open to the public with the express permission of the person who owns or immediately controls such property
3. while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair
4. while engaged in the legal use of banned items at a properly licensed firing range or sport shooting competition venue; or
5. while traveling to or from these locations, provided that banned item is unloaded and is enclosed in a case, firearm carrying box, shipping box, or other container.  720 ILCS 5/24-1.10.(d)
They have not yet developed a system for submitting affidavits, but are required to have that in place by October 1, 2023.
No, because your background check needed to be run BEFORE the ban went into effect. Background checks cannot be run until you have filled out the ATF form 4473, and that cannot be filled out until the gun is in hand. 720 ILCS 5/24-1.9.(f)
No, but you can only pass your banned firearms, ammo, and magazines onto an heir, or sell out of state, or to sell an FFL. 720 ILCS 5/24-1.9(?) & 720 ILCS 5/24-1.10(?)
Unless to an heir, within 10 days after transfer the seller shall provide a record of the transfer to an FFL. 430 ILCS 65/3(b)
If to an heir, within 60 days after transfer the heir must submit their own endorsement affidavit. 720 ILCS 5/24-1.9(d)(2)
You can't really. And the state can't prove you didn't. Magazines are not uniquely identifiable because they have no serial numbers, and the state only requires an "affirmation" that you owned pre-ban on the endorsement affidavit application anyway. 720 ILCS 5/24-1.9(d)
To our range, absolutely. But we cannot speak for the policies of other ranges. 720 ILCS 5/24-1.9(?)(4) & 720 ILCS 5/24-1.9(d)(4)
1. AK and AR pistols because they have a shroud attached that partially or completely encircles the barrel allowing the bearer to hold the firearm with the non-trigger hand without being burned. 720 ILCS 5/24-1.9.(1)(C)(iii)
2. Any semi-auto handgun that has the capacity to accept a detachable magazine and has a threaded barrel, an arm brace, a second protruding grip/foregrip, a flash suppressor, and/or barrel shroud. 720 ILCS 5/24-1.9.(1)(C)(i-vi)
3. Any semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds. 720 ILCS 5/24-1.9.(1)(D)
They are considered rifles limited to 10 round magazines, and banned if they have one or more of the features banned in the "assault weapon" definition. 720 ILCS 5/24-1.9.(a)(1)
Yes, and hopefully very quickly. This Act borrows heavily from similar laws in NJ, NY, CA, and MD which were sent back to the lower courts in the Bruen case last summer.
Perhaps. Waiting costs nothing, but registration is forever. They do not even have a system in place to submit the registration yet anyway. 
For carry or possession any "assault weapon" or .50 caliber rifle it is a Class A misdemeanor. 720 ILCS 5/24-1(b) part one
For a second or subsequent violation it is a Class 3 felony. 720 ILCS 5/24-1(b) part two
For manufacturing, selling, delivering, importing, or purchasing any "assault weapon" or .50 caliber rifle it is a Class 3 felony. 720 ILCS 5/24-1(b) part three
No, that provision was removed in an earlier version of the bill. 

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