Current through Register Vol. 48, No. 38, September 20, 2024
a) FOID Card
Requirement. Pursuant to Section 2 of the Act, no person may acquire or
possess any firearm, stun gun, or taser within this State without having in his
or her possession a Firearm Owner's Identification Card previously issued in
his or her name by the Illinois State Police. [430 ILCS
65/2(a)(1)]
1) Pursuant to Section 12 of the Act, if an
Illinois resident without a FOID Card inherits a firearm or firearm ammunition
upon the death of the owner, the provisions of the Act and this Part shall not
apply to the person until 60 days after the passing or transfer of the firearm
or ammunition. [430 ILCS 65/12]
2)
Except as provided in subsection
(e) of Section 24-1.9 of the Criminal Code of 2012 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,
.50 caliber cartridge, or large capacity ammunition feeding device, shall apply
for a FOID Card within 60 days after moving to Illinois.
[720 ILCS
5/24-1.9(d)]
3) If a FOID Card application is denied, then
upon receipt of the denial notice, any person who possesses an assault weapon,
assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large
capacity ammunition feeding device and applied for a FOID Card upon inheriting
or moving to Illinois shall either surrender the items to a law enforcement
agency while seeking relief from such denial or transfer the items to a person
authorized to purchase and possess the items consistent with the provisions of
Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS
5/24-1.9 and
720 ILCS
5/24/1.10].
A) If
the owner surrenders possession to a law enforcement agency and intends to
appeal the denial so that the items surrendered can be returned if the appeal
is successful, the owner shall notify the law enforcement agency of their
intent at the time of surrender.
i) If the
appeal is successful, the items surrendered shall be returned to the owner who
surrendered possession in the condition in which the items were
surrendered.
ii) If the appeal is
unsuccessful, the items surrendered may, at the request of the owner, be
transferred to an FFL of the owner's choosing so that the items may be sold by
the FFL on behalf of the owner consistent with PICA.
iii) If the appeal has not been exhausted
within 180 days of the denial, suspension, or revocation, the owner must
provide proof that the appeal is still pending at least every 30 days until the
appeal has been exhausted.
B) Notwithstanding any other provision to the
contrary, any items surrendered to law enforcement for safekeeping pursuant to
a FOID Card denial or a protective order as defined by Section
1.1 and required by Section
8.2 of the Act, shall not be
destroyed until after the appeal has been
exhausted.
b)
Electronic Endorsement Affidavit Requirement. Any person, other than
individuals exempt by Section 24-1.9(e) of the Criminal Code of 2012
[720 ILCS
5/24-1.9(d)], in possession of an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge,
including but not limited to individuals under age 21, must electronically file
an endorsement affidavit through the online FOID/FCCL system beginning October
1, 2023, but shall be completed no later than January 1, 2024.
1)
Any person who moves into Illinois
in possession of an assault weapon, assault weapon attachment, .50 caliber
rifle, .50 caliber cartridge, or large capacity ammunition feeding device,
shall complete the endorsement affidavit within 60 days after moving
to Illinois. [720 ILCS 5/24-1.9(d)]
A) 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.
B) 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.
C)
Bolt, lever, or pump action firearms are not subject to the endorsement
affidavit provisions of PICA even if as manufactured the firearm has features
that if removed would constitute assault weapon attachments; however, if items
that constitute assault weapon attachments are removed from a bolt, lever, or
pump action firearm, the person in possession shall submit an endorsement
affidavit for the specified assault weapon attachments upon removal regardless
of when they were purchased lawfully as a part of the
firearm.
2) Electronic
Endorsement Affidavit Exemptions.
A) The
electronic endorsement affidavit requirements of this Section do not apply to:
i) Peace officers;
ii) Qualified law enforcement officers and
retirees;
iii) the acquisition and
possession by a federal, State, or local law enforcement agency for the purpose
of equipping that agency's peace officers; and
iv) Wardens, superintendents, and keepers of
correctional institutions for the detention of persons accused or convicted of
an offense. (See 720 ILCS
5/24-1.9(e)(1-4)).
v) Clubs, organizations, business, or
companies, including but not limited to 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.
* If the leadership of such club, organization, business, or
company changes but the ownership of the items does not change, no action is
required on behalf of the club, organization, business, or company. However, if
ownership transfers, the transfer must be consistent with PICA.
* Members or owners of clubs, organizations, businesses, or
companies, including but not limited to Federal Firearms Licensees, must comply
with the endorsement affidavit provisions of PICA for their personal
possessions unless the person is eligible for another
exemption.
B)
Persons who are exempt from the endorsement affidavit provisions pursuant to
this subparagraph are required to file an electronic endorsement affidavit
should the circumstances giving rise to the exemption change.
3) Exemptions for Official Duties.
A) The following persons are not required to
complete an electronic endorsement affidavit to possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge while
the person is performing official duties:
i)
Armed security personnel in this State at a nuclear energy, storage, weapons,
or development site or facility regulated by the federal Nuclear Regulatory
Commission;
ii) Private security
personnel licensed under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004; and
iii) Members of the Armed Services or Reserve
Forces of the United States or the Illinois National Guard, who are also exempt
while traveling to or from their places of duty.
B) Assault weapons used by persons exempt
under Section 1230.15
(b)(3)(A) 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, shall be
exempt from the endorsement affidavit 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 or not having an active firearm control
card, where applicable, shall file an electronic endorsement affidavit prior to
separation from the employment giving rise to the
exemption.
4) Other
Exemptions.
A) The following persons are not
required to complete an electronic endorsement affidavit under the following
circumstances:
i) Olympic target shooting
competitors and coaches in possession of any firearm sanctioned by the
International Olympic Committee and by USA Shooting;
ii) Nonresidents who are transporting an
assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge to any other place where the nonresident may lawfully possess and
carry that weapon;
iii) Persons in
possession of an assault weapon, assault weapon attachment, .50 caliber rifle,
or .50 caliber cartridge at an event at the World Shooting and Recreational
Complex at Sparta;
iv) Persons in
possession of a weapon set forth in Appendix B, if the possession is only for
hunting use expressly permitted under the Wildlife Code [520 ILCS
5 ]; and
v) Persons in possession of blank-firing
assault weapons if the possession is only for props for a motion picture,
television or video production or entertainment event. (See
720 ILCS
5/241.9(e)(7)(C)(v)).
B) However, these persons must have completed
an electronic endorsement affidavit if their possession of these items extends
beyond the circumstances outlined in subsection (b)(4)(A). For example, if a
person owns an assault weapon and hunts with it, their possession extends
beyond hunting use; or if a person owns an assault weapon and takes it to an
event at the World Shooting and Recreational Complex at Sparta, their
possession extends beyond possession at the World Shooting and Recreational
Complex at Sparta. As a result, the persons in the above examples would be
required to complete an electronic endorsement affidavit. If a person does not
own an assault weapon but rather rents or borrows one from a neighbor for
hunting or a teammate for a shooting event and immediately returns it upon the
conclusion of the purpose, their possession does not extend beyond the
permitted circumstances and that person would not be required to complete an
electronic endorsement affidavit.
5) Nothing in this Section shall be construed
to make lawful the acquisition, transportation, or possession of firearms or
firearm ammunition which is otherwise prohibited by law, for example the FOID
Act [430
ILCS 65 ] and the Wildlife Code [520 ILCS 5
].
c) Electronic
Endorsement Affidavit Contents. The endorsement affidavit shall include:
1)
The affiant's Firearm Owner's
Identification Card number when available;
2)
An affirmation that the
affiant:
A)
possessed an
assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge before January 10, 2023; or
B) inherited such items from a person with an
endorsement under Section 24-1.9 of the Criminal Code of 2012 [720 ILCS
5/24-1.9] or from a person authorized under Section
24-1.9(e)(1) through (5) of the Criminal Code of 2012 [720 ILCS
5/24-1.9(e)(1)-(5)] to possess such items;
or
C) moved into Illinois after
January 10, 2023 with such items; or
D) is filing an endorsement affidavit
voluntarily (See subsection (e));
3)
The make, model, caliber, and
serial number of each assault weapon or .50 caliber rifle;
4) A warning printed in bold
type that states: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the Criminal Code of 2012.
Entering false information on this form is a violation of the Firearm Owners
Identification Card Act." [720 ILCS
5/24-1.9(d)]; and
5) An affirmation that the endorsement
affidavit is signed under oath, swearing, affirming, and certifying, that the
statements set forth in the endorsement affidavit are true and correct subject
to the penalties as provided by law pursuant to Section 1-109 of the Code of
Civil Procedure [735 ILCS 5/1-109
].
d) Electronic
Endorsement Affidavit Filing Deadlines. The endorsement affidavit, shall be
filed electronically through the online FOID/FCCL system, no later than:
1) January 1, 2024, if the person is an
Illinois resident who possessed an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge, prior to January 10, 2023;
or
2) 60 days after moving to
Illinois, if the person was an out-of-state resident who moved into Illinois
after January 10, 2023, and possessed an assault weapon, assault weapon
attachment, .50 caliber rifle, or .50 caliber cartridge prior to moving to
Illinois.
e) Electronic
Endorsement Affidavit Voluntary Compliance. Any person in possession of an
assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge, who is exempt from the endorsement affidavit requirements of Section
24-1.9(e) of the Criminal Code of 2012 [720 ILCS
5/24-1.9(e)] may electronically file an endorsement
affidavit through the online FOID/FCCL system voluntarily (See subsection
(c)(2)(D)) at any time.
f) Penalty.
Possession of a firearm without a FOID Card as required by Section 2 of the Act
or possession of an assault weapon without having completed an electronic
endorsement affidavit as required by Section 24-1.9 of the Criminal Code of
2012, is a Class A misdemeanor or Class 3 or 4 felony depending upon the
circumstances of the violation. (See
430 ILCS
65/14 and
720 ILCS 5/24-1(a)(15)).
g) Notwithstanding the requirements of
subsection (b), all endorsement affidavit records collected by the Illinois
State Police pursuant to this Section shall be retained consistent with the
Illinois State Records Act [5 ILCS 160/1.5] but shall be
destroyed upon lawful order from an Illinois or federal court with appropriate
jurisdiction following the exhaustion of all appeals or receipt of an
authorized disposal date from the State Records Commission. See 40 Ill. Adm.
Code 4400.
