Protect Illinois Communities Act, Regulation on Assault Weapons
On January 10, 2023, Governor JB Pritzker signed into law Public Act 102-1116, the Protect Illinois Communities Act (Act). The Act regulates the sale and distribution of assault weapons, high-capacity magazines, and switches in Illinois. The Act went into effect immediately upon signing. Individuals who possessed assault weapons, high-capacity magazines, and other devices listed in the Act before it took effect are required to submit an endorsement affidavit through their Firearm Owner’s Identification Card account.
To access your account, click here. To create an account, you will need an email address, driver's license or State ID, and FOID card (if applicable).
If the purchase of a firearm or firearm attachment regulated under PICA was initiated but not completed between the date of the Southern District of Illinois’ Order on April 28, 2023, until the stay of such Order by the U.S. Appellate Court on May 4, 2023, the delivery of such weapon would be unlawful pursuant to 720 ILCS 5/24-1.9(b).
If the purchase of a firearm or firearm attachment regulated under PICA was initiated and completed between the date of the Southern District of Illinois’ Order on April 28, 2023, until the stay of such Order by the U.S. Appellate Court on May 4, 2023, the possession of such weapon will be unlawful beginning January 1, 2024, pursuant to 720 ILCS 5/24-1.9(c).
Persons who possess a regulated firearm or firearm attachment are required to endorse an affidavit by January 1, 2024, stating that any regulated firearm or firearm attachments were possessed prior to the enactment of PICA (January 10, 2023) pursuant to 720 ILCS 5/24-1.9(d).
720 ILCS 5/24-1.9(e)(2)(assault weapon ban) and 720 ILCS 5/241.10(e)(2)(large capacity ammunition ban) define “qualified law enforcement officers” to mean any employee of a governmental agency who—
- is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension;
- is authorized by the agency to carry a firearm;
- is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
- meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
- is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
- is not prohibited by Federal law from receiving a firearm.
With respect to assault weapons, once the owner has completed the endorsement affidavit and submitted it to the ISP, they may transfer the assault weapon to an heir, an individual residing in another state maintaining it in another state, or a federal firearms dealer. Until the endorsement affidavit is available, an Illinois FFL cannot take possession of an assault weapon in Illinois.
With respect to large capacity ammunition feeding devices, the owner may sell a large ammunition feeding device to an Illinois FFL; however, notification must be made to the Illinois State Police.
Unless an Illinois FFL is doing business in other states and is purchasing the weapon or large capacity ammunition feeding device in another state, then they cannot. Illinois FFLs are not exempt from the provisions of Section 24-1.9 or 24-1.10; accordingly, an Illinois FFL cannot take possession of an assault weapon or large capacity ammunition feeding device in Illinois.
No, unless the “winner” was identified and a background check initiated by January 10, 2023, a transfer of the weapon is not permitted unless the person to whom it is being transferred is exempt under Section 24-1.9(e).
Yes, while .50 caliber rifles and cartridges are specifically prohibited, any weapon that fits the definition of an “Assault Weapon” would be prohibited regardless of the caliber. The only exception for .22 caliber ammunition is specifically limited to fixed magazines, large capacity ammunition feeding devices, and semiautomatic rifles with a fixed magazine capable of operating only with .22 caliber rimfire ammunition.
The Illinois Supreme Court reversed the trial court’s judgment in the Macon County case and the Protect Illinois Communities Act is enforceable across Illinois. The TRO in the Accuracy Firearms case (2023-MR-4) has also been vacated and is no longer applicable.
The Illinois Supreme Court reversed the trial court’s judgment in the Macon County case and the Protect Illinois Communities Act is enforceable across Illinois. The endorsement affidavit will be available no later than October, 1, 2023.
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.
Law enforcement agencies, including the ISP, are charged with enforcing the Protecting Illinois Communities Act throughout the state. ISP will continue to enforce the Firearm Owners Identification Card Act and Article 24 of the Criminal Code of 2012 by partnering with local law enforcement through our Violent Crime Intelligence Task Force. The task force is a collaborative effort to reduce and prevent illegal possession and use of firearms, firearm related homicides, and other violent crimes.
These items may only be transferred to
- persons exempt from the assault weapons regulation by subsection 1.9(e) or 1.10(e) of the Act OR
- an heir, which includes any person or entity who is entitled to receive a distribution pursuant to intestate succession, will, trust, or other method permitted by law upon the death of the owner.
While there is no statutory requirement in the PICA amendments to the Criminal Code of 2012 that the entity do so, they may request the heir provide proof of inheritance, such as a probate order or small estate affidavit.
The person must obtain or possess a FOID card and complete an endorsement affidavit within 60 days of receiving the item.
If you have questions about compliance with the Protect Illinois Communities Act not answered in the above FAQs or need help submitting an endorsement affidavit, you can email ISP.AskFOIDandCCL@illinois.gov, or visit one of the ISP FOID Kiosks.
Kiosk Locations and Hours
Illinois State Police Troop 3
16648 Broadway St, Lockport, IL 60441
Regular Hours: M-F 7:00 am - 11:30 am & 12:30 pm - 3:30 pm
Illinois State Police Troop 6
801 S 7th St, Springfield, IL 62703
Regular Hours: M-F 8:30 am – 12:00 pm & 1:00 pm – 5:00 pm
Illinois State Police Troop 8
1100 Eastport Plaza Dr, Collinsville, IL 62234
Regular Hours: M-F 7:00 am – 12:30 pm & 1:00 pm – 3:00 pm
Illinois State Police Troop 10
1391 S Washington St, Du Quoin, IL 62832
Regular Hours: M-F 8:30 am – 12:00 pm & 1:00 pm – 5:00 pm
*Hours are subject to change
- Firearm Owner’s Identification Card Portal - https://www.ispfsb.com/Public/Login.aspx
- Protect Illinois Communities Act - https://www.ilga.gov/legislation/publicacts/102/PDF/102-1116.pdf