SPRINGFIELD - As the new year begins, Gov. J.B. Pritzker’s ban on so-called "assault weapons" takes effect under emergency rules that still leave many questions unanswered.
The Joint Committee on Legislative Rules, JCAR, adopted emergency rules for the Protecting Illinois Communities Act in September but has failed to adopt permanent rules or amend the emergency rules.
Questions the committee asked State Police Director Brendan Kelly in November and his answers captured their struggle to finish the job Pritzker and the legislature started.
The committee’s questions and Kelly’s answers are listed below and condensed for clarity:
Question: Persons who sign endorsement affidavits must affirm that their statements are true and correct, subject to penalties. In some instances information may not be known or supporting documentation is missing. Would state police consider an "if known" qualifier?
Answer: We cannot do so for the statutorily required affirmations, but we could add this qualifier to the paragraph regarding inheritance insofar as an heir may legitimately not know whether an affidavit had previously been completed.
Question: Many gun clubs, security companies and other organizations own items subject to the affidavit. Typically, club presidents or local managers sign for these firearms when they take over leadership. Must an affidavit be updated when a change in leadership occurs? This issue may also impact collectors and museums.
Answer: The statute provides that possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 BMG caliber cartridge device may continue after Jan. 1 so long as they provide an endorsement affidavit prior to that. The statute does not require that assault weapons owned by businesses be endorsed but a business may voluntarily submit an affidavit. Assault weapons owned by individuals are subject to the affidavit.
Question: The law does not address individuals whose firearm card applications are granted on state police review, firearm card review board review or court action. How can a firearm or ammunition be returned to them upon a successful appeal?
Answer: If you are denied a card or your card is revoked or suspended, you can surrender your assault weapon, assault weapon attachment, .50 caliber rifle, or .50 BMG caliber cartridge to law enforcement for safekeeping while seeking relief from such denial.
Question: The Act describes items being “readily” modified, assembled, removed, accessible, restored or converted. Is the dictionary definition, "without hesitating or without much difficulty," to be used or will a standard of time be used? Alcohol, Tobacco and Firearms cited eight hours with a fully equipped machine shop as a standard for being readily restored or converted. What standard should the public use?
Answer: State police are working to address definitions of some terms and will include them in a proposed rule.
Question: The section on affidavit exemptions doesn’t address training or competition at sites other than World Shooting Complex in Sparta. Can individuals participate in basic rifle courses, police training institutes, security company trainings, and youth rifle teams at firearm locations other than Sparta without completing an affidavit?
Answer: The statute limits possession to while they engage in specified activities. If they only possess while engaged in those activities, meaning the assault weapon is owned by someone else, they don't need an affidavit. If they own the weapon, then they are permitted to possess but they need an affidavit.
Question: Can a firearm be loaned to someone to use at a gun range? How could a person transport a loaned item to a gun range or a hunting site? Must the exchange occur at the gun range or hunting site? If using a borrowed firearm, must the owner be present? Can an exempt person drive with a weapon subject to the affidavit? Can a non-exempt person drive if borrowing an item the owner endorsed?
Answer: There is an exemption that permits possession while hunting and traveling to and from hunting. There is no exemption for gun ranges.
Question: What is an attachment?
Answer: The statute does not use the term. It uses the term “assault weapon attachment” which it defines as 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 Act. State police cannot redefine this term but we have included examples of assault weapon attachments on our website and will include them in our proposed rule.
Question: The Act does not detail how attachments should be listed on the affidavit. Will state police provide detail?
Answer: The affidavit portal allows entry of manufacturer, attachment type, model or part number, and description. State police are reviewing their website and proposed rules to determine whether additional clarification is appropriate.
Question: The Act does not detail how to endorse .50 BMG ammunition and account for reloading that round. Will an individual with an affidavit be able to possess a certain number of rounds regardless of whether they are reloaded?
Answer: The statute regulates the .50 BMG cartridge and is silent on the issue of reloading. The individual will simply indicate the number of cartridges being endorsed.
Question: The rule on exemptions for law enforcement officers, federal firearm licensees, and private detectives who were exempt during the filing period doesn’t contain procedures to file an affidavit if the exemption is lost. Can they file an affidavit in the future?
Answer: There is no exemption for licensees and the exemption for detectives is limited to official duties. If they possess beyond those circumstances they are required to complete the affidavit. State police encourage corrections and law enforcement officers to complete affidavits before they separate from employment. If a person loses exempt status, the firearm card system will permit them to file even after Jan. 1.
Question: The rule does not allow an affidavit if a court or the firearm card review board restores an individual's card. Is this state police’s intent?
Answer: If an individual surrendered items to law enforcement, they can be returned. If an individual surrendered items to someone else, they cannot be returned. If an item surrendered to law enforcement is returned, an individual can complete an affidavit at that time. Furthermore, you are not required to have a card to submit an affidavit.
Question: If a card is suspended or revoked due to red flag law, clear and present danger, condition of bail, or protection order, a person may transfer firearms to another person or surrender them to a law enforcement agency. If they do not trust law enforcement and transfer a firearm to a friend or relative in another state, they cannot retrieve the items or retake possession once the order of protection is lifted or terms of bail or probation are completed even if the charge is not a disqualifying offense. Thus the person forfeits their firearms. Can a temporary custody concept including a firearms disposition record be added?
Answer: No, state police do not have statutory authority to create a temporary custody option. The statute regulates possession and temporary custody would constitute possession. The option for these people under the statute is to surrender to law enforcement.
Question: Commenters suggest interstate transfer would be illegal without going through a federal firearm licensee. Can state police clarify?
Answer: State police cannot clarify what another state’s statutes and rules require. Illinois allows person to person transfer and does not prohibit an Illinois resident from transferring to a licensee for selling to an individual out of state.
Question: The Act permits certain exempt individuals to purchase and possess certain firearms and other items. How will they do so if not through a licensee?
Answer: A licensee can obtain additional assault weapons on behalf of persons exempt from the purchase provisions of the Act.
Question: How do licensees keep inventory or order firearms for exempt individuals or corporations like law enforcement, security, and private detectives? How do they do business outside the state if they cannot take possession in Illinois?
Answer: The statute does not make an exception for licensees to purchase or possess so state police do not have authority to grant this exception. A licensee can obtain additional assault weapons on behalf of persons exempt from the purchase provisions of the Act or for sale to a person in another state or for export.
Question: How should licensees and retailers register their current inventory?
Answer: State police are reviewing additional rules for licensees.
Question: Parts can be used for items subject to the affidavit and items not subject to it. Neither the Act nor the rule explains how multi-purpose parts should be handled. Can state police clarify?
Answer: State police will include examples of things that are not assault weapon attachments.
Question: Must any part capable of being used in a firearm be listed on the affidavit or is it dependent on the marketing or actual use of the item?
Answer: State police will include examples of things that are not assault weapon attachments.
Question: If parts break and a firearm becomes unrepairable within the state, is the remaining option to take the firearm out of state for repairs?
Answer: There is an exemption for repairs by licensed firearms dealers and gunsmiths. You can repair your own weapon insofar as you do not replace parts that would be considered assault weapon attachments. Such parts would need to be replaced by a licensee or gunsmith.
Question: Does the Act require an affidavit for a combination of parts that could produce a complete firearm? If so, then missing any part required to assemble a firearm makes the parts issue moot. Correct?
Answer: Not necessarily. The statute regulates any device, part, kit, tool, accessory or combination of parts that is designed to and functions to increase the rate of fire of a semi automatic firearm about the standard rate of fire for semi automatic firearms that is not equipped with that device, part, or combination of parts. Assault weapon attachments are subject to the affidavit process so any part that alone constitutes an assault weapon attachment is subject to the affidavit process.
Question: How does a firearm get on or off the list? What process will state police use in determining if a gun meets the definitions?
Answer: State police do 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 affidavit process. State police provided a guide and flow chart to help people understand what is and is not regulated.
Question: A typical AR style magazine is capable of holding 30 rounds of one kind of ammunition. It will only hold ten rounds of ammunition that uses the identical magazine. Are they legal for sale?
Answer: No. If they have a capacity of more than ten rounds of any type of ammunition they meet the definition of a large capacity ammunition feeding device and are regulated.
Question: Semi-automatic shotguns are limited to a five round capacity. Shotguns are limited to ten rounds. How will state police determine if one of these items meets the statutory definition?
Answer: The Act 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 ten rounds of any type of ammunition it is regulated.
Question: If a federal court overturns the Act, will state police have statutory authority to maintain the information?
Answer: State police will abide by any final court orders after all appeals are exhausted.