GUN BAN FAQ’s

ILLINOIS GUN BAN FAQ’s

What firearms are banned?

The Manufacture, possession, delivery, sale, and purchase of “assault weapons”, .50 caliber rifles, and .50 caliber cartridges.
The Manufacture, delivery, sale, and possession of “large capacity” ammunition feeding devices.

How is “Assault Weapon” defined in the ban?

“Assault weapon” means any of the following,

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:

a pistol grip or thumbhole stock,
any feature capable of functioning as a protruding grip that can be held by the non-trigger hand,
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,
a flash suppressor,
grenade launcher,
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 rim-fire 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:

a threaded barrel,
a second pistol grip or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand,
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 flash suppressor,
the capacity to accept a detachable magazine at some location outside of the pistol grip; or
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:

a pistol grip or thumbhole stock,
any feature capable of functioning as a protruding grip that can be held by the non-trigger hand,
a folding or thumbhole stock,
a grenade launcher,
a fixed magazine with the capacity of more than 5 rounds; or
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.

How are “Assault Weapon Attachments” defined in the ban?

“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.

Are lowers (stripped or complete) banned? What about parts like lower parts kits, uppers, folding/telescopic stocks, and foregrips?

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

Will this law prevent me from selling/transferring a banned firearm or magazine?

No, but you can only pass your banned firearms, ammo, and magazines onto an heir, sell out of state, or sell to an FFL.

Can Law Weapons sell me a banned firearm because it is a plaintiff in the Effingham case?

Although Law Weapons is a Plaintiff of the Effingham case and is currently under the protection of the Judge-Granted Temporary Restraining Order, We are not selling any firearms that have been DEFINED AS “Assault Weapons” by this stupid law, other than to Plaintiffs of the case.

As you know Law Weapons has a federal lawsuit fighting this UNCONSTITUTIONAL GUN GRAB and is waiting for the judge to rule on the TRO.

We are however, taking Pre-Orders on these firearms. We will only sell or transfer the Pre-Ordered firearms once the ban is lifted or a Federal restraining order/injunction is in effect. We expect that to be very soon.

We then expect that the State will file an appeal to stop the TRO, and this may ping-pong back and forth until we get to the supreme court, opening small windows of time for the purchase.

If you have a Pre-Ordered firearm with Law Weapons, and as soon as the TRO is in place, and before a possible appeal, you will be able to come into the store and purchase the firearm.

Will this ban be overturned?

Yes, and hopefully 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.

Where can I find the Law Weapons Federal case information?

See the Law Weapons Amended Complaint here

How can I prove I owned my firearms & magazines before this ban went into effect?

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.

What types of handguns or pistols are considered “assault weapons” now?

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.
Any semi-auto handgun that can accept a detachable magazine and has a threaded barrel, an arm brace, a second protruding grip/foregrip, a flash suppressor, and/or barrel shroud.
Any semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds.

How does the “assault weapon” ban apply to pistol caliber carbines?

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.

Should i wait to register before the 300 day deadline?

That’s up to you, Waiting costs nothing, but registration is forever. and there is no system in place to registration yet anyway.

What are the penalties for being caught with an unregistered “Assault Weapon?”

Carry or possession of any “assault weapon” or .50 caliber rifle it is a Class A misdemeanor.
For a second or subsequent violation it is a Class 3 felony.
For manufacturing, selling, delivering, importing, or purchasing any “assault weapon” or .50 caliber rifle it is a Class 3 felony. (for this reason you should not PURCHASE anything online that is considered banned as a credit card and paper trail will exist)

The law is very confusing, is the Effingham TRO state wide Now?

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 applies only to 866 named plaintiffs,

The Appellate Court finding is here.

There is a lot of WRONG and BAD reporting 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 count of (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 are plaintiff’s in the Effingham case.