On January 10, 2023, Governor JB Pritzker signed into law Public Act 102-1116 Opens in new window , 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 by JANUARY 1, 2024.
You can access your account by logging into the Firearms Service Bureau portal. To create an account, you will need an email address, driver's license or State ID, and FOID card (if applicable).
On September 15, 2023, ISP filed a proposed rule with the Illinois Secretary of State to implement the Act. The proposed rule. Opens in new window can be found in the Illinois Register.
On February 8, 2024, ISP adopted rules to implement the Act, which can be found in the Illinois Register.
Firearms, Attachments, and Ammunition Subject to Regulation
1. What firearms are regulated under Public Act 102-1116, the Protect Illinois Communities Act (PICA) and is the list of assault weapons listed in ISP’s Administrative Rules Appendix A exhaustive?
PICA regulates the possession of assault weapons (among other things) and sets forth a definition that conveys which firearms are included in the Act. The definition of "assault weapon" in PICA is very broad including any firearm, part, or combination of parts designed to or intended to convert a firearm into an assault weapon as defined in the Act. For additional information, please refer to 720 ILCS 5/24-1.9(a)(1) and the ISP’s Assault Weapon Identification Guide.
Appendix A is not exhaustive but rather lists "assault weapons" that are eligible for the endorsement affidavit process and exemption. To ensure that any "assault weapon" (as defined by PICA) that was possessed on or before January 10, 2023, is incorporated into the endorsement affidavit process and exemption, the ISP mimicked the legislature’s language.
2. How does a firearm get on or off the list? What process will ISP use in determining if a gun meets the definitions.
The ISP does not anticipate changing Appendix A insofar as it was drafted broadly enough to incorporate all assault weapons that meet the statutory definition so that they are subject to the endorsement affidavit process. The ISP has provided an Assault Weapon Identification Guide and flow charts to help people understand what is and is not regulated by PICA. Appendix A is a list of firearms for which an endorsement affidavit must be submitted
3. If my regulated items are not within the state of Illinois, do I need to complete an endorsement affidavit?
No. If you do not keep your firearms within the state of Illinois, then no endorsement affidavit is required.
4. Are all .50 caliber cartridges regulated by PICA?
No. Only .50 BMG caliber cartridges are regulated. For additional information, please refer to 720 ILCS 5/24-1.9(a)(5).
5. Are lower receivers on the regulated list?
Yes, receivers designed or intended to convert a firearm into an assault weapon are regulated. Please refer to section 720 ILCS 5/24-1.9(a)(1)&(3).
6. Can a .22 caliber firearm potentially fall under the assault weapon category?
Yes, while .50 caliber rifles and cartridges are specifically regulated, any weapon that fits the definition of an “assault weapon” is regulated by PICA regardless of the caliber. However, the statute specifically exempts fixed magazines, large capacity ammunition feeding devices and semiautomatic rifles with a fixed magazines capable only of operating with, .22 caliber rimfire ammunition.
7. Are all semiautomatic rifles considered an “assault weapon” under 720 ILCS 5/24- 1.9(a)(1)(A)?
No. Please refer to ISP’s Assault Weapon Identification Guide, which contains a features flowchart for rifles on page 83. The guide can be found here:
PICA Identification Guide.pdf Opens in new window .
8. Can I repair my assault weapon if it becomes damaged?
Yes, there is a specific exemption within PICA for assault weapons being repaired by Federal Firearms Licensees (FFLs) and gunsmiths. Further, you can repair your own assault weapon insofar as you do not need to replace parts that would be considered "assault weapon attachments" under PICA. Since non-exempt individuals cannot purchase assault weapon attachments, such parts would need to be replaced by an FFL or gunsmith.
Pursuant to the provisions of 720 ILCS 24-1.9(d) and 720 ILCS 24-1.10(d), assault weapons, .50 caliber rifles, and large capacity ammunition feeding devices may be temporarily surrendered to an FFL or gunsmith for repairs regardless of the duration of the repairs. Any FFL or gunsmith making repairs pursuant to these provisions may order the parts necessary to complete such repairs and return the items to their owner upon completion of the repairs. Repairs shall not include the purchase of additional assault weapon attachments beyond those necessary to make the item functional again.
9. If I have a homemade firearm that is regulated by PICA, can I still have it serialized?
Yes, so long as you possessed the firearm prior to January 10, 2023, nothing in PICA would prevent you from having the firearm serialized consistent with Illinois law. For further information, please refer to 720 ILCS 24-5.1.
10. Is a forestock considered a “barrel shroud” and therefore regulated by PICA?
No. A shroud is not an integral component of the stock, but rather a separate piece. For example, the wooden forestock on a base model Ruger 10/22 does not constitute a shroud. See ISP’s guide.
Other examples of forestocks not constituting shrouds would be the base model M1 Carbine, M1 Garand, and Savage, Model 850, assuming they have no other features regulated by PICA and/or have not been modified to include any regulated features or attachments. For additional information regarding the definitions of barrel shroud, flash suppressor, muzzle brake, and stock, please refer to the ISP’s rules.
11. Is a muzzle brake considered a “flash suppressor” and therefore regulated by PICA?
While both are barrel attachments, they serve different purposes. A flash suppressor is designed to reduce the muzzle flash of the firearm. On military firearms, this is to prevent distant opponents from seeing where someone may be shooting from. A muzzle brake directs the energy of the muzzle blast in a specified direction in order to reduce the felt recoil of the discharge of the firearm or to prevent the muzzle from jumping during shooting. Most muzzle brakes do nothing to reduce the flash, and the specific one produced by Springfield has been ruled by ATF to not be a flash suppressor. For additional information regarding the definitions of barrel shroud, flash suppressor, muzzle brake, and stock, please refer to the ISP’s rules.
12. Are bolt, pump, lever, or slide action firearms regulated under PICA?
Pursuant to 720 ILCS 5/24-1.9, an “assault weapon” does not include a firearm that is manually operated by bolt, pump, lever, or slide action, unless the firearm is a shotgun with a revolving cylinder. This is true even if, as manufactured, the bolt, pump, lever, or slide action firearm has features that if removed would constitute assault weapon attachments.
13. If my bolt, pump, lever, or slide action firearm has an assault weapon attachment do I have to complete an endorsement affidavit?
So long as the attachment is attached to the bolt, pump, lever, or slide action firearm, an endorsement affidavit is not required. If the attachment is removed from the bolt, pump, lever, or slide action firearm and meets the definition of assault weapon attachment, then an endorsement affidavit would need to be completed for the assault weapon attachment.
14. What is an "assault weapon attachment"?
The statute defines the term “assault weapon attachment” as any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into an assault weapon as defined in the Act.
15. Please provide examples of things that would be considered an assault weapon attachment.
16. What are examples of items that are not considered “assault weapon attachments”? (Please note this is not an exhaustive list.)
17. Is an endorsement affidavit needed for items/attachments specifically designed for airsoft guns?
To be an assault weapon attachment, the item must be specifically designed for a firearm. Items specifically designed for airsoft guns are not assault weapon attachments and an endorsement affidavit would not be required.
If a person were to attach parts specifically designed for an airsoft gun to a firearm thereby bringing it within the definition of assault weapon under PICA, the firearm would be regulated, and an endorsement affidavit would be required.
18. Does 720 ILCS 5/24-1.9(a)(1)(A) include a "gunstock" or other similar mechanical devices?
19. Sections 1.9 and 1.10 of the Act describe items being "readily modified", "readily assembled", "readily removed", "readily accessible", and "readily restored or converted". Can the Department clarify what is "readily"? Is the general dictionary definition, "in a ready manner: such as without hesitating or without much difficulty" to be used to understand the term or will a standard of time be used? In a recent filing in Mock v. Garland, ATF cited 8 hours of time with a fully equipped machine shop as a standard for being readily restored or converted. Since the rulemaking is silent on this topic, what standard should the public use?
“Readily assembled, modified, restored, or converted” shall mean any assembly, modification, restoration, or conversion beyond those that would be required in regular maintenance that is fairly or reasonably efficient, quick, and easy, and does not require special knowledge or skill, additional parts or tools, or significant expense. Readily assembled, modified, restored or converted shall not include assembly, modifications, restorations, or conversions that would damage or destroy the firearm or cause it to malfunction.
20. Is an endorsement affidavit required for the possession of a combination of parts whether the combination of parts could produce a complete firearm or not?
If the parts or combination of parts are designed to and function to increase the rate of fire of a semiautomatic firearm about the standard rate of fire for semiautomatic firearms that are not equipped with that part or combination of parts, they are regulated by PICA.
Only assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges are subject to the endorsement affidavit process.
Assault weapons attachments do not include integral parts or components of an assault weapon but rather are supplementary. So, any item that alone constitutes an assault weapon attachment is subject to the endorsement affidavit process.
21. Under Section 1.9 of the Act, semi-auto shotguns are limited to a 5-round capacity. Under Section 1.10 of the Act, shotguns (i.e., long guns) are limited to 10 rounds. 12-gauge shotgun shells come in 3 ½", 3", 2 ¾" and even mini shells of 1 ½". More than 5 mini shells will fit into a standard 12-gauge tube. How is the capacity size determined?
“Capacity” means the total number of rounds that can be used of the maximum identified chambered sized round.
If the shotgun’s fixed magazine tube will accept more than 5-rounds of the maximum identified chambered size round, it is regulated by PICA and subject to the endorsement affidavit provisions.
Extension tubes are neither fixed nor detachable magazines, however, they are considered an assault weapon attachment subject to the endorsement affidavit requirement if used for something other than hunting.
If the shotgun’s fixed magazine tube will not accept more than 5 rounds of the maximum identified chambered size round, it is not regulated by PICA unless it has one of the features otherwise regulated – for example a pistol grip or thumbhole stock.
Section 1.10 of PICA does not regulate shotguns but rather regulates large capacity ammunition feeding devices. With respect to magazines, belts, drums, feed strips and other similar devices for shotguns, if it accepts more than 10 rounds of any type of ammunition it is regulated by PICA; however, the endorsement affidavit provisions do not apply to large capacity ammunition feeding devices.
There is a specific exemption for tubular devices designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
22. Does the Act regulate firearms with revolving cylinders that are capable of shooting both pistol and shotgun calibers from the same cylinder, such as those chambered in .45 long colt and .410 shot?
If the firearm in question is a shotgun with a revolving cylinder it is regulated regardless of the chamber size. Pistols with revolving cylinders are not regulated.
23. Are magazine tube extensions considered to be detachable magazines?
The ISP does not consider a magazine tube extension to be a detachable magazine insofar as it cannot be loaded outside of the firearm.
24. Does the ISP consider magazine tube extensions to be assault weapons attachments? Does an endorsement affidavit need to be submitted even if a person does not possess the firearm that said attachment would fit?
The ISP does not consider a magazine tube extension to be a fixed or detachable magazine. However, it is an assault weapon attachment subject to the endorsement affidavit process. The requirement to file an endorsement affidavit for assault weapon attachments is not dependent upon the person also owning an assault weapon.
25. Is a handguard considered a shroud pursuant to PICA?
Endorsement Affidavit Requirements
26. Can Illinois residents legally keep current AR or assault weapons as defined by the new law?
Yes, an Illinois resident may keep any AR 15 or assault weapon as defined by PICA if the firearm was owned prior to the effective date of the law if the required endorsement affidavit is submitted prior to January 1, 2024.
27. Do Illinois residents have to submit endorsement affidavits for their AR-type or assault weapons as defined by the new law?
Yes. All Illinois residents must submit an endorsement affidavit for their AR-type or assault weapons unless exempt. Endorsement affidavits must be completed prior to January 1, 2024.
28. How much does it cost to file an endorsement affidavit for an AR 15 or assault weapon as defined by the new law?
There is no fee.
29. Do I have to complete the endorsement affidavit electronically?
PICA requires the endorsement affidavit to be electronically filed pursuant to 430 ILCS 65/4.1. If additional assistance is needed, however, please visit the ISP FOID kiosks for assistance. You will not be permitted to bring any firearms to the kiosks.
30. What happens if a person does not submit the required endorsement affidavit for their assault weapon(s) and/or devices(s) but retains possession of regulated items on or after January 1, 2024?
Failing to complete and submit the required endorsement affidavit while in possession of items regulated by PICA prior to January 1, 2024, is a violation of Illinois law – specifically, the FOID Act and the Criminal Code of 2012 – unless the individual is exempt. The sentencing ranges are set forth in 430 ILCS 65/14 and 720 ILCS 5/24-1(b). Persons who violate these requirements may be arrested and charged.
31. How will this law be enforced?
Law enforcement agencies, including the ISP, are charged with enforcing the Protect Illinois Communities Act throughout Illinois. 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. All law enforcement officers will have access to the resources the ISP has made available to the public to ensure they are able to identify items regulated by the Protect Illinois Communities Act.
32. If I am a current resident of another state and own an assault weapon, assault weapon attachment, .50 caliber rifle, .50 BMG caliber cartridge and move to Illinois on or after January 1, 2024, how do I comply with the law?
You must apply for a Firearm Owner’s Identification Card and complete an endorsement affidavit within 60 days of moving to Illinois. See 720 ILCS 5/24-1.9 and 20 Ill. Admin. Code 1230.15. You may complete an endorsement affidavit while your FOID Card application is pending.
If you are denied a FOID card, you can surrender the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 BMG caliber cartridge to law enforcement for safekeeping while seeking relief from such denial.
33. How do I complete an endorsement affidavit for my assault weapon attachment if I do not have a FOID card?
A FOID card is not required to complete the endorsement affidavit for an Assault Weapon Attachment only. You may access the Firearms Services Bureau Applicant Portal at Login Opens in new window and complete the user registration. Once completed, while you are signed into your dashboard you will be able to disclose your Assault Weapon Attachment. Tutorial videos on how to complete the disclosure processes are posted to the Department’s website at Appication Instructions Opens in new window .
34. Do I need to complete an endorsement affidavit if I possess an assault weapon attachment but no assault weapon?
Yes, even possession of an assault weapon attachment alone requires the completion of an endorsement affidavit.
35. Do I need to complete an endorsement affidavit for my assault weapon and every assault weapon attachment on it?
A person who has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that, as manufactured, has features that if removed would constitute assault weapon attachments is only required to submit an endorsement affidavit for the assault weapon or .50 caliber rifle. If a person has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that, as manufactured, has features that if removed would constitute assault weapon attachments and subsequently removes items that separately constitute assault weapon attachments and retains possession, the person shall submit an updated endorsement affidavit. If a person owns multiple assault weapons and/or assault weapon attachments, an endorsement affidavit must be completed for each individual item unless the item has the same exact make and model number. For those items with the same exact make and model number, one endorsement affidavit can be completed with a note added in the description listing the relevant quantity.
36. Do I need to complete an endorsement affidavit if I possess a large capacity ammunition feeding device?
No. The endorsement affidavit only applies to assault weapons, assault weapon attachments, .50 caliber rifles, or .50 BMG caliber cartridge devices.
37. Who is included in the “qualified law enforcement officers and qualified retired law enforcement officers” as an exempt group from the assault weapon/large capacity ammunition regulation?
An individual or FFL should require proof that the buyer meets these conditions prior to transferring a regulated weapon or large capacity ammunition device.
38. What is needed for proof of eligibility?
Proof of eligibility means a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.
39. Are Correctional Officers (Juvenile Justice or similar jail/detention center) exempt from the purchase & possession provisions of the Protect Illinois Communities Act?
Corrections employees (Juvenile Justice or similar jail/detention center) who either are (1) authorized to carry a firearm and have even limited arrest powers or (2) are responsible for maintaining public order or the detention of persons accused or convicted of an offense are exempt from the endorsement affidavit requirement.
However, upon retirement to remain exempt they must prove they are able to maintain the standards for qualification in firearms training for active law enforcement officers. The applicable exemption may be either 1.9(e)(1), (2), or (4).
Even those employees exempt pursuant to 1.9(e)(2) will not likely remain exempt in their retirement (or upon separation from employment) unless they are able to maintain the standards for qualification in firearms training for active law enforcement officers. Accordingly, they must comply with the endorsement affidavit provisions while actively employed in this capacity to ensure compliance with those provisions upon retirement or separation from their employment.
40. The rule does not appear to contain procedures for law enforcement officers, FFL’s, private detectives, etc. who were "exempt" during the allotted endorsement affidavit filing period, to file an endorsement affidavit if that exemption is lost. Can these individuals file an endorsement affidavit in the future if their exemption is lost?
There is no exemption for FFL’s. Persons who are exempt from the endorsement affidavit provisions pursuant to an exemption in 24-1.9(e) are required to file an electronic endorsement affidavit should the circumstances giving rise to the exemption change. The ISP encourages people like corrections officers and law enforcement officers to complete the endorsement affidavit before they separate from their employment. If a person loses their exempt status, the ISP’s online FOID/FCCL system will permit them to file even after January 1, 2024.
41. Are members of the Armed Services exempt from the purchase & possession of the Protect Illinois Communities Act?
are exempt from the endorsement provisions so long as the person possesses a valid firearm control card, where applicable, and valid firearm owner's identification card, for the duration of their employment.
Any person no longer employed by such an agency and not having an active firearm control card, shall file an electronic endorsement affidavit prior to separation from the employment giving rise to the exemption.
42. The exemptions for certain professions, for example, armed security personnel, seem to be vague. Can you explain?
Assault weapons used by persons exempt under 720 ILCS 5/24/1.9(e)(5-7) in the performance of their official duties, transported to and from their official duties, secured at home or their place of business, or possessed for the purposes of attending training approved by a licensed Illinois private detective agency or security contractor agency or the military, including travel to and from such training, so long as the person possesses a valid firearm control card, where applicable, and valid firearm owner's identification card, shall be exempt from the endorsement affidavit provisions for the duration of their employment. Any person no longer employed by such an agency and not having an active firearm control card, shall file an electronic endorsement affidavit prior to separation from the employment giving rise to the exemption.
43. Do businesses (e.g. gun clubs) that own firearms need to complete the endorsement affidavit?
The statute provides that a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 BMG caliber cartridge device may continue after January 1, 2024, so long as they provide an endorsement affidavit prior to that date. The statute does not expressly require that assault weapons owned by businesses be endorsed. However, the business may voluntarily submit an endorsement affidavit.
Assault weapons owned by individuals (even if the person owns a business or is licensed as an FFL) are subject to the endorsement affidavit.
44. Do FFLs need to complete the endorsement affidavit?
Individuals who are FFLs and not exempt pursuant to 1.9(e) must comply with the endorsement affidavit requirements. Businesses that are FFLs may complete the endorsement affidavit for any regulated items still within their inventory.
45. Are individuals under the age of 21 be allowed to submit endorsement affidavits?
PICA does not limit who can or cannot file an endorsement affidavit. People under 21 years of age may do so.
46. Will an individual with an endorsement affidavit be able to possess a certain number of rounds regardless of if they are reloaded?
The statute regulates the .50 BMG cartridge and is silent on the issue of reloading. The individual will simply indicate the # of cartridges being endorsed.
Buying, Selling, or Transferring Assault Weapons
47. Can Illinois residents still buy AR 15 or assault weapons from a private individual or gun dealer?
No. Illinois residents cannot lawfully purchase an AR 15 or assault weapon after January 11, 2023, unless subject to one of the narrow exemptions listed in section 720 ILCS 5/24-1.9(e) within the link above.
48. How can Illinois residents sell or transfer an AR 15 or assault weapon?
Prior to January 1, 2024, the owner may transfer the assault weapon to an heir, an individual residing in another state maintaining it in another state, or a federal firearms licensee. If possession continues beyond January 1, 2024, the owner must have completed the endorsement affidavit and submit it to the Illinois State Police and then, may only transfer the assault weapon to an heir, an individual residing in another state maintaining it in another state, or a federal firearms licensee.
49. Can an assault weapon, assault weapon attachment, .50 caliber rifle, .50 BMG caliber cartridge, or large capacity ammunition feeding device be transferred to the next of kin upon the death of a family member?
50. If I inherit an assault weapon, assault weapon attachment or other regulated items that does not have an endorsement affidavit prior to the January 1, 2024 deadline, how do I proceed?
You should still complete the endorsement affidavit.51. If my FOID is/was revoked and I transferred the assault weapon, can I have the assault weapon back if my FOID is reinstated?
No, once you transfer an assault weapon, PICA prohibits the assault weapon being transferred back unless the individual is exempt from PICA. The ISP rules make clear that if your FOID card is suspended or revoked, to retain ownership, the person should surrender their assault weapon to law enforcement for safekeeping until their card can be reinstated. The ISP is following the plain language of the statute and honoring the legislative intent as ISP understands it.
52. Can an entity temporarily in possession of the assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber BMG cartridge, or large capacity ammunition feeding device, for example a law enforcement agency, require the next of kin to produce proof they are entitled to receive the item?
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.
53. If a person receives an assault weapon, assault weapon attachment, .50 BMG caliber rifle, .50 BMG caliber cartridge, or large capacity ammunition feeding device as an inheritance, what paperwork are they required to complete to possess or obtain the item?
The person must obtain or possess a FOID card and complete an endorsement affidavit within 60 days of receiving the item.
Federal Law, Court Decisions, and Injunctions
54. How is the Firearm Owners Protection Act of 1986 (18 U.S.C.S. § 926) relevant to the ISP rulemaking under PICA?
It isn’t. 18 U.S.C.S. § 926 applies to the Attorney General of the United States and sets forth what “rules and regulations” a federal agency may create to regulate firearms. The authority for PICA and the endorsement affidavit is based upon a statute passed by the Illinois legislature and is not a “rule or regulation” created by a federal agency. See Nat’l Shooting Sports Found., Inc. v. Jones, 405 U.S. App. D.C. 18, 30 (2013) (citing RSM, Inc. v. Buckles, 254 F.3d 61, 65, 66) (rejecting argument because “Section 923(g)(5)(A) is a statute, not a rule or regulation.”).
55. What does the Southern District of Illinois’ Order on April 28, 2023, and the Order by the U.S. Appellate Court on May 4, 2023, mean?
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 complete an endorsement affidavit prior to 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).
ISP will update this guidance as further court proceedings resolve.
56. What does the Illinois Supreme Court’s decision in Caulkins v. Pritzker mean?
The Illinois Supreme Court reversed the trial court’s judgment in the Macon County and the Protect Illinois Communities Act is enforceable across Illinois.
57. If PA 102-1116 is overturned by a federal court, will the endorsement affidavits previously submitted remain on file with ISP?
ISP will comply with any final court orders after the exhaustion of all appeals and any relevant Illinois laws.
Federally Licensed Firearms Dealers
58. Can an FFL sell an AR 15 or assault weapon or high-capacity magazines to a qualified active/retired law enforcement officer for a personal purchase?
Yes, as long as they provide proper proof of eligibility.59. As an FFL, can I maintain an inventory of regulated items for sale?
Nothing in PICA prohibits an FFL from manufacturing, purchasing, or possessing PICA regulated items for the purpose of selling or transferring to persons specifically exempt pursuant to Section 24-1.9(e)(1-7) of the Illinois Criminal Code of 2012, the United States or any department or agency thereof, or for export to another state.
60. Do FFLs, retailers, etc. need to complete endorsement affidavits for their current inventory?
Federal Firearms Licensees doing business as a sole proprietor, partnership, corporation, or limited liability corporation, that own items subject to the endorsement affidavit provisions of PICA do not need to complete endorsement affidavits for the inventory of their businesses. However, Federal Firearms Licensees, must comply with the endorsement affidavit provisions of PICA for their personal possessions unless the person is eligible for another exemption.
61. Can an FFL still transfer regulated firearms to out-of-state FFLs to liquidate their left-over stock?
Yes. FFLs can still transfer regulated firearms to out-of-state FFLs.62. If an FFL, who owns an auction service, pawn shop, or store front, has taken an AR 15 or assault weapon into their inventory on consignment or as collateral prior to the signing of the bill, can the FFL now transfer the weapon back to the previous owner?
No. If an assault weapon was transferred to the FFL, then it cannot be transferred back to the previous owner unless the previously owner is subject to one of the narrow exemptions listed in section 720 ILCS 5/24-1.9. Pawn shops may sell the assault weapons to a person exempt from the purchase provisions of PICA or to an FFL for purposes of transferring out of state. Nothing in PICA regulates the distribution of proceeds from the sale of assault weapon surrendered as collateral.
63. If an Illinois FFL committed to transferring an assault weapon to the winner of a local organization’s raffle, and the organization has already sold tickets for the raffle, but the transfer has not been completed, can the Illinois FFL still transfer the assault weapon to either the organization or the winner?
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).
Locations Where Assault Weapons Can Be Used
64. If an Illinois resident owned an AR 15 or assault weapon prior to the passage of this Act, where can they legally possess the firearm?
An Illinois resident can legally possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge 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 premises of a licensed firearms dealer or gunsmith for lawful repair, at a licensed firing range or sport shooting competition venue, or while traveling to and from these locations. After January 1, 2024, an individual must have submitted an endorsement affidavit to legally possess the above regulated items in these areas.
These geographical restrictions also apply to large capacity ammunition feeding devices, however, PICA does not require an endorsement affidavit for large capacity ammunition feeding devices.
65. Can a firearm subject to the endorsement affidavit be loaned to someone to use at a gun range?
If the owner of the firearm has properly completed the required endorsement affidavit and is physically present, then another individual can use the regulated firearm at a properly licensed firing range.
Hunting with an Assault Weapon
66. If I am hunting with a regulated firearm under PICA, how do I comply?
The regulated firearm must be legally possessed, including but not limited to compliance with the FOID Act.
If you are hunting on private property, you must have permission from the landowner, the firearm must be authorized for hunting use under the Wildlife Code, and the hunter must have the appropriate licenses, permits, tags, etc.
If you are hunting on DNR lands, the firearm must be authorized for hunting use under the Wildlife Code, and the hunter must have the appropriate licenses, permits, tags, etc.
If you own the firearm and your possession extends beyond hunting use, you must complete an endorsement affidavit prior to January 1, 2024, unless you are otherwise exempt from the endorsement affidavit provisions.
67. How does possession work for exempt activities such as hunting?
The possession exemption is driven by the plain language of the statute. The possession exemption is for while the person is engaged in certain exempt activities - like hunting - and while traveling to or from a location authorized for the activity.
If the assault weapon is owned by the person engaged in the exempt activity, possession extends beyond the exemption. The person is still permitted to possess the assault weapon, but an endorsement affidavit is required.
Definition of Large Capacity Ammunition Feeding Device
68. What is considered a large capacity ammunition feeding device?
A magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or any combination of parts from which a device described can be assembled. See 720 ILCS 5/24-1.10(a).
69. I own a standard magazine with the capacity of 15 rounds. However, magazine extensions can be purchased to convert my magazine to hold more than 15 rounds. Is my 15 round magazine illegal simply because an extension kit can be purchased?
Public Act 102-1116 states a “Large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns.
“Readily assembled, modified, restored or converted” shall mean any assembly, modification, restoration, or conversion beyond those that would be required in regular maintenance that is fairly or reasonably efficient, quick, and easy, and does not require special knowledge or skill, additional parts or tools, or significant expense. Readily assembled, modified, restored, or converted shall not include assembly, modifications, restorations, or conversions that would damage or destroy the firearm or cause it to malfunction.
As a result, a 15 round magazine without an extension kit is legal.
70. A typical AR style magazine is capable of holding 30 rounds of one kind of ammunition. It will only hold 10 rounds of another ammunition that uses the identical magazine (.5.56/223 vs. 450 SOCOM). Are they legal for sale?
No, if they have the capacity of more than 10 rounds of any type of ammunition, they meet the definition of a “large capacity ammunition feeding device” and are regulated by PICA. Magazines, unlike firearms, do not have a maximum identified chamber size.
71. Can Illinois residents keep the large capacity ammunition feeding device they currently own?
Yes. If, they legally owned it prior to January 11, 2023, and abide by the limitations within the Act as to where it may be possessed. See 720 ILCS 5/24-1.10(d).
Buying, Selling or Transferring Large Capacity Ammunition Feeding Devices
72. Can Illinois residents buy large capacity ammunition feeding devices from a private individual or gun dealer?
No, unless subject to one of the narrow PICA exemptions, purchases are not permitted.
73. Can I transfer my large capacity ammunition feeding device?
Yes. However, you must transfer it to an authorized person as outlined in the Protect Illinois Communities Act (an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer).
Further within 10 days of the transfer (except if transferred to an heir), you must notify the Illinois State Police by using the Person-to-Person transfer portal.
Traveling Through Illinois with an Assault Weapon or High-Capacity Magazine
74. How can a non-resident of Illinois legally travel through Illinois with an assault weapon?
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. If the vehicle does not have a compartment outside of the driver’s compartment, the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.
Security of Endorsement Affidavits
75. What security measures does ISP have in place to limit the risk of a system cyberattack that could cause the release of information of endorsement affidavits, or any other information submitted through an individual’s FOID portal? Specifically, what steps have been taken since 2021 when the FOID portal was hit with a cyberattack?
The current security measures in place are compliant with – and often exceed -- all FBI Criminal Justice Information Services (CJIS) Data Security Addendum standards. During the 2021 cyber intrusion attempt, the current system itself was not breached. Personal data gained from an earlier IDES breach was exploited to begin limited system access, but no accounts were entered. Since then, additional safeguards were added, and protocols were updated to strengthen identity confirmation.
76. Under what authority is ISP entering endorsement affidavit information into the Law Enforcement Access Data System (LEADS)?
720 ILCS 24/5-1.9(d) provides in relevant part that endorsement affidavit information may be disclosed to law enforcement agencies acting in the performance of their duties.
“Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.”
20 ILCS 2605/2605-45 provides in relevant part that the Division of Justice Services shall exercise the following functions:
(1) Operate and maintain the Law Enforcement Agencies Data System (LEADS), a statewide, computerized telecommunications system designed to provide services, information, and capabilities to the law enforcement and criminal justice community in the State of Illinois.
Insofar as law enforcement is authorized to receive the endorsement affidavit information in the performance of their duties and the ISP is authorized to operate and maintain LEADS for purposes of providing information to the law enforcement community, these provisions collectively grant the ISP the authority to utilize LEADS for the purposes of communicating to law enforcement whether a person has submitted an endorsement affidavit and is therefore subject to the exemption as set forth in 720 ILCS 24/5-1.9(d).
77. If I am an Illinois resident and I possess a valid Concealed Carry License, does my concealed carry handgun need to comply with PICA regulations?
Yes. A concealed carry handgun must comply with PICA regulations. A handgun is regulated by PICA if it has any features set forth in 720 ILCS 5/24-1.9(c)(e.g. a threaded barrel) and if it is a firearm listed by name in 720 ILCS 5/24-1.9(k). The handgun cannot have a magazine capable of holding more than 15 rounds of ammunition as that magazine is considered a large capacity ammunition feeding device that can only be lawfully possessed in limited places set forth in 720 ILCS 5/24-1.10(d).
78. Will the FOID Portal close for individuals who are unable to complete an endorsement affidavit prior to January 1, 2024?
No. PICA sets deadlines for submitting endorsement affidavits depending upon the circumstances – possession prior to 1/10/23, inheritance, moving into Illinois, etc. The FOID Portal will remain open for individuals to complete an affidavit indefinitely. There are not separate fines or penalties for late submissions. However, the relevant jurisdiction could deem a late endorsement affidavit submittal to be invalid or insufficient.
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.
The Illinois State Police held three public hearings on the Protect Illinois Communities Act proposed rule. The hearings were scheduled at the following locations and recorded via WebEx. Notice: The period for submitting witness slips requesting to speak and submit written comments to be read has closed. You may continue to submit comments at mailto:ISP.Legal.PublicComments@illinois.gov in response to the ISP’s proposed rules during first notice. The public comments period ends November 20, 2023.
Thursday, November 2, 2023
9:30 a.m., Room D1 of the Stratton Building, 401 Spring Street, Springfield, IL 62704
WebEx Recording -
HearingLegislationNPublicNotice/20-1230NT-NPH.pdf
Friday, November 3, 2023
9:30 a.m., Room C-600 of the Bilandic Building, 160 N. La Salle Street, Chicago, IL 60601
WebEx Recording -
HearingLegislationNPublicNotice/20-1230NT-NPH.pdf
Monday, November 6, 2023
9:30 a.m., Caseyville Community Center at Village Hall, 909 South Main Street, Caseyville, IL 62232
WebEx Recording -
HearingLegislationNPublicNotice/20-1230NT-NPH.pdf
Kiosk Locations and Hours
Northern Illinois
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
Central Illinois 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
Southern Illinois 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 - Login Opens in new window
- Protect Illinois Communities Act - 102-1116.pdf Opens in new window