NEW Gun Control Law: “Assault Weapons” and Parts Ban

January 18, 2023

By Categories: News

This is a map of counties where the Sheriff issued a statement that they will not enforce this unconstitutional law.

Governor Pritzker signed a new “Assault Weapons” Ban that has come into law.  This blog will discuss how it relates to handguns, only.

Please read the law, located HERE, on our website.

In summary,

  • The Illinois State Police has emergency rulemaking authority until January 1, 2024.  This means that they can add to the list of banned items.
  • New sales of magazines over 15 rounds for handguns is illegal, effective immediately.
  • Person to person sales must be done at a Federal Firearms Licensee after July 1, 2023.
  • The Firearms Order of Protection/Red Flag law has been extended from 6 months to one year, with allowable renewal for a second year, effective immediately.
  • Minors can no longer obtain a FOID, making the minimum purchase age to 21, effective immediately.
  • Handguns are considered “Assault Weapons” if they have any of the following features:
    • Magazines  (Removable or Fixed) up to 15 rounds only.
    • No threaded barrel
    • Second Pistol Grip (already illegal w/o SBR tax stamp)
    • Barrel Shroud other than a slide
    • Flash suppressor
    • Magazine outside of pistol grip
    • Buffer Tube, Arm Brace or anything that allow shouldering
      Anything that will increase rate of fire (trigger jobs), Drop in triggers, binary and forced reset for semi-automatic firearms.  I am guessing that bump stocks are also included, but they are legal on the Federal Level.

If you already own one of these, do not worry:

You are grandfathered in, as long as you submit an Affidavit via the FOID portal that you own these types of items by 4/10/2023 with the following rules:

  • Items have to stay on private property, at an official competition, or a private range (not open to the public).
  • In transit to one of these facilities
  • Bringing in a firearm for repair.

Nothing is yet established on the website.  Gun owners cannot do anything, yet.

Prohibited items may be transferred to an heir, an FFL, or a person in another state as long as the firearm remains in that state.  An heir has 10 days to report that they received such gun and to file an affidavit with the Illinois State Police.

The following people are exempt from this law:

  • Law Enforcement / Peace Officers
  • Law Enforcement Agencies
  • Wardens, Superintendents and the like
  • Armed Forces during the execution of their duties
  • Nuclear Security Personnel

Timeline

According to Todd Vandermyde (Illinois Gun Lobbyist and Gun Guru), the following is a timeline of the implementation of the law.

January 10, 2023:  Law is signed and enacted immediately.  Halts sale of prohibited items.

April 10, 2023:  Prohibited items must stay on private property and cannot be taken to a public range.

July 1, 2023:  All person to person firearm transfers have to be done at an FFL.

Early July:  The Illinois State Police have a deadline to establish an affidavit process.

January 1, 2024:  Deadline for filing an Affidavit.

Enforcement

See the map, above for County Sheriff’s who refuse to enforce this new law.

Litigation

There are at least three lawsuits pending to declare this law as unconstitutional.  Thankfully (opinion), the judicial system tends to rule in favor of the Second Amendment.  If you would like to donate, please visit www.GunsSaveLife.com.

Federal Level

For those who have a pistol with a brace, you will have to register as an SBR.  The ATF is waiving the $200 fee to apply for a tax stamp.