Public Act 102-1116 (HB5471) Frequently Asked Questions
For additional information please refer to the entire Act at this link
If the purchase of a firearm or firearm attachment banned 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 banned 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 banned firearm or firearm attachment are required to endorse an affidavit by January 1, 2024, stating that any banned firearm or firearm attachments were possessed prior to the enactment of PICA (January 10, 2023) pursuant to 720 ILCS 5/24-1.9(d).
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 current Macon County judgment and any TROs entered in other actions are only applicable to the specific Plaintiffs and Defendants in those actions. More information will be forthcoming as additional rulings transpire through the state and federal courts and when the Illinois Supreme Court rules on the matter.