Synopsis of HB5471; Tyrannical Gun Law

Synopsis of HB5471, now Public Law 102-1116

Person to Person Transfers:

• Beginning July 1, 2023, person-to-person transfers must go through an FFL or through ISP for state and federal law background check. The current effective date for this provision is January 1, 2024.

New Assault weapon, .50 caliber rifle, assault weapon attachment or .50 caliber cartridge endorsement. (Registration):

• Endorsement must be submitted through a person’s FOID Card account.
• Entering false information is punishable by penalty of perjury.

Penalty violations of new law:

• Possession, sale, manufacture, delivery, importing, purchasing of an assault weapon attachment or .50 caliber cartridge is a Class A misdemeanor.
• Manufactures, possesses, sells, or offers to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts – Class 2 felony – possession of each weapon or device is a single and separate violation.
• Carries or possess any assault weapon or .50 caliber – Class A misdemeanor, second or subsequent violation is a Class 3 felony.
• Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle in violation of Section 24-1.9 – Class 3 felony.

Creates new offense: Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges:

• Lists types of firearms and features of firearms that are prohibited and classified as “assault weapons” – According to Senate, this list is an updated version and includes several firearms not included in the House version.
• Endorsement affidavit does require the serial number of the weapons possessed by a person before the ban.
• Ban begins immediately except for those who complete an endorsement affidavit no later than October 1, 2023, or those who fall under the list of exemptions.
• 90 days after effective date a person authorized under this provision to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only:

1. on private property owned or immediately controlled by the person.
2. on private property that is not open to the public with the express permission of the person who owns or immediately controls such property.
3. while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair.
4. while engaged in the legal use of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue: or
5. while traveling to or from these locations, provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.

• Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968.
• Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.
• Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d).
• 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.
• Exceptions for:
  • Peace officers, qualified law enforcement officers and retired law enforcement officers, law enforcement agencies, wardens, superintendents and keepers of prisons or jails, member of armed services and armed guards at nuclear plants.
  • Any private security contractor agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
  • For persons travelling through Illinois and firearm is broken down and not readily accessible.  
  • Possession at Sparta for events
  • Possession of weapon only for hunting as permitted under the Wildlife Code.
• Includes manufacturing exemptions.
• Sales started before the effective date of this act may be completed after the effective date.

Creates new offense: Manufacture, delivery, or sale of large capacity ammunition feeding devices:

• “Large capacity ammunition feeding device” means: (1) 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 (2) any combination of parts from which a device described in paragraph (1) can be assembled.
• “Large capacity ammunition feeding device” does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
• “Large capacity ammunition feeding device” does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.
• “Handgun” has the meaning ascribed to it in the Firearm Concealed Carry Act.
• “Long gun” means a rifle or shotgun.
• This Section does not apply to any person who possesses a large capacity ammunition feeding device prior to the effective date of this amendatory Act of the 102nd General Assembly. Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, a person authorized under this Section to possess a large capacity ammunition feeding device shall possess such device only:

1. on private property owned or immediately controlled by the person.
2. on private property that is not open to the public with the express permission of the person who owns or immediately controls such property.
3. while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair.
4. while engaged in the legal use of the large capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
5. while traveling to or from these locations, provided that the large capacity ammunition feeding device is stored unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

• Same exemptions as for “assault weapons”
• Manufacturing exemptions
• A person who knowingly delivers, sells, purchases, or causes to be delivered, sold, or purchased is guilty of a petty offense.
• No penalty for possession