HB5855 Illinois Assault Weapons Ban is Coming
They're Coming for Your AR's and Standard Capacity Magazines
The Chicago Sun Times reported yesterday that the Democratic caucus of the Illinois General Assembly (ILGA) plans to bring forward an "assault weapons" ban during the lame duck session in January. The text of the proposed bill* was released later and it should horrify any gun owner. The bill is facially unconstitutional, and we are planning the court challenges. *focus on the strike-through and underlined text at that link, everything else is current law.
Major trouble areas of the bill:
- State-wide registry of all currently owned "Assault Weapons"
- Ban on sales of "Assault Weapons"
- Ban on sale and possession of all (long gun and hand gun) magazines holding more than 10 rounds
- Raise the age for FOID eligibility to 21
- Firearm Restraining Orders extend from the current 6 to 12 months
This bill has an immediate effective date, as soon as the Governor signs it.
Penalties: P. 65 line 9
A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed an assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.
Fail to “register” your AR, and you’re potentially a felon and stripped of your rights.
(b) Except as provided in subsection (c), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device...
(d) Sentence. A person who knowingly delivers, sells, purchases, or causes to be delivered, sold, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for delivery or possession of 2 or more of these devices at the same time. Any other violation of this Section is a Class A misdemeanor.
So good news: you’ll only catch a misdemeanor for that spare Glock 17 mag you forgot about.
When this passes and is signed into law by the Governor, we will, in conjunction with some of the national gun rights organizations and the dealers’ association FFLIL, immediately file suit in federal court. We will ask for a restraining order preventing enforcement of this act pending the outcome of litigation. There may be a period of time during which this law is enforceable just due to the calendar even if we win, as expected, a restraining order.
This is an expensive fight, and it is one that we must and will win.
We will not argue the merits of this “assault weapons” ban. The other side is pandering to emotionally driven people who know nothing about guns, and they cannot be reasoned with nor can they be persuaded of the futility and unconstitutionality of this act.
This proposed ban is a sad exhibit of how degraded politics and politicians have become in this state.
What You Can Do:
Looks like our last article published was particularly bad timing too as all this may change very soon.
But until this new bill is signed into law read Magazine Limits in Illinois | Cook County | Chicago Here to learn more about magazine capacity restrictions around IL.