Could the Last Person Leaving Illinois, Turn the Lights Out? by Garand69

ILLINOIS STATE CONSTITUTION – SECTION 22. RIGHT TO ARMS

“Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”

This past Novembers elections in Illinois did not go too well. Ole Jelly Belly Pritzker won without a hitch, hell I think the lamestream media called the race 10 minutes after the polls closed, and along with that, an increased Democrat super majority in Springfield. While the Dems have controlled the Governorship, the Senate, and House for sometime, the fact that they did not get trounced by the “Red Trickle” emboldened them a bit. Add to that, Jelly Belly’s delusions of Presidential grandeur, and you have a recipe for sweeping shifts to the Left. So, waking up Wednesday morning to news that the AWB was in place did not surprise me, but many sections being effective immediately did.

Ole’ Jelly Belly has been on a roll attacking Lawful Gun Owners since he squeezed through the front door of the Governor’s mansion. Prior to his latest act, HB5471, the “Protect Illinois Communities Act” AWB, he also signed into Law in the Spring of 2022, the first “Ghost Gun Ban” in the Midwest HB4383. Prior to that, late in December of 2021 he signed Public Act 102-237 the “FOID Modernization Act”, Prior to that, HB2354, the “Firearms Restraining Order Act”.

This bill is not another toothless version of the ’94 AWB or even Cook Co. Illinois’ AWB, this law goes much further. Here is the Bill Title/Summary.

Bill Title: Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Provides that a petitioner may request a plenary firearms restraining order of up to one-year, but not less than 6 months (rather than 6 months). Provides that the order may be renewed for an additional period of up to one year. Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties. Provides that it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and provides penalties. Contains a severability provision. Amends the Freedom of Information Act. Exempts from disclosure under the Act certain information concerning endorsements received by the Illinois State Police. Effective immediately.

That’s quite the word salad, so lets peek a little further into the meaty parts regarding “Red Flag” laws, and possession of AWB’s. I’m not totally concerned about the amendments made to the FOIA  Act and other tid bits, because there just isn’t enough room here to deal with them.

The Changes to the “Red Flag law include expanding the bureaucracy that was created, more funding for its implementation, and an increase in time that the effected Gun Owners would have their firearms seized from 6 months to one year with the possibility of an extension being granted for another year. If you didn’t know, the gun owner deemed dangerous to themselves or others, does not have a say in this process. So far since it has been made into law, we are approaching 60 Gun Owners that this has been applied to. With more staff and funding, I am sure that number will exponentially increase.

After the Red Flag amendments comes the funding for the Illinois State Police to build a database to support the efforts of the Illinois State Police to enforce, regulate, and administer the FOID Act, the Concealed Carry Act, Firearm Restraining Order Act, FFL Dealer Act, and the Law Enforcement Agencies Data System (LEADS). So another words, a wonderful Database on Law Abiding Tax Payers.. How well has the Gangbanger Database in Chicago worked to stop crime??

Then we get to amendments effecting the legal transfer of Firearms. Prior to this, the person receiving the firearm had to have a valid FOID card, the seller was supposed to call the ISP to confirm that the buyers FOID was valid (pay a fee for the service) and then hold onto the record of transfer for 10 yrs. Now they have added, that if it doesn’t go through an FFL, you have 10 days to give that info to an FFL and they have to hold on to that information for 20yrs, and the FFL may charge, not more than, $25 to provide this service, “On demand of a Peace Officer, such transferee shall identify the FFL Dealer maintaining the transfer record”. Failure to do so, is a Class A Misdemeanor for the 1^st offense, Class 4 Felony for the 2^nd offense.

Now on to Section 24-1.9 Manufacturer, Possession, Delivery, Sale, and Possession of  Assault Weapons, .50 Caliber Rifle, Assault Weapon Attachment, or .50 Caliber Ammunition….

Essentially, it is every mag fed semi auto rifle that has the capacity to accept  more than 10 rounds, and has just 1 feature on their arbitrary list (excluding tube fed .22’s).  Actual rifles listed include every military pattern clone, even .22lr versions. But surprisingly, NOT M14 variants, obviously wood stock and without a flash hider or bayonet lug, but the barrel shroud would be an issue. So I have no idea why it is not on the list, and do not assume you are free to have one, I AM NOT A LAWYER!

Handgun features listed are a throwback the ’94 AWB verbiage, with a few tweeks to make it more all encompassing. Basically every AR/AK/HK/FAL pistol is out the window and it doesn’t matter if you have a brace or not. Any handgun described in the CCW Act is OK, just keep your actual mag capacity below 15rounds (you cannot down-load your 17rnd to 15, and you can’t modify it in a way that it may be returned to full capacity).

Shotguns. Any Semi-auto shotgun that has a capacity of more than 5 rounds, as well as Pump Shotguns that can accept drum mags. Those named specifically are any of the scary AK/AR style Shottys.

.50 Caliber Rifles, they get a little wishy washy with the .50 cal. .50 BMG is specifically mentioned in a couple of places, but the main take away is any rifle with a bore .50” or larger, excluding Blackpowder and Antiques. So would a rifle chambered in .500 S&W be legal? It’s not clear. But all known .50BMG Rifles are listed and of course you can’t manufacture one. .50 BMG ammo is a definite no no, especially the more fun variations like AP and API. (AP ammo has been illegal in Illlinois for awhile now)

Assault Weapon “Attachments”, these would be anything on the no no list, full capacity magazines, threaded barrel,  flash hiders, bayonet lugs, pistol grips, thumbhole stocks, collapsible and folding stocks, etc etc. These attachments DO NOT HAVE TO BE ON A FIREARM!!

All of those Firearms and “Attachments” were banned for sale effective immediately. You cannot go to your favorite gun shop and buy a M4 Buttstock, or a flashider, anything designed to increase the rate of fire, etc. On a funny side note, a Friend picked up some AR lowers that he had ordered online and had sent to his local FFL. Because his background check went through before the Ban, he was able to pick them up AFTER the ban. Another Customer that had done the same thing was rather PO’d that his background check didn’t go through in time, and could not receive the rifle he ordered.

So what do you legally have to do if you are in possession of said contraband?  At the 90 day mark, You can only possess the aforementioned items on your Private Property, Private Property without Public Access and that you have express permission to be on. Properly licensed firing range (ranges are not State licensed in Illinois, so who knows what that means), your Gunsmith and to and from those places, and long as they are unloaded and cased, essentially the same as now.

Then the next date is October 1^st, 2023. You have to have your permission slip, ie; registration papers, filed with the ISP, and they must be approved by January 1, 2024, because after that, If your “Assault Weapons”, .50 caliber Rifles, “Assault Weapon Attachments”, and .50BMG ammo are not registered, you will be committing various Class A Misdemeanors and Class 4 Felonies.

I wish I could say that I was amazed that the Referendum on the ballot to amend the Constitution do make sure the “Right of the People to Murder the Unborn, Shall Not Be Infringed” had more pull than Gun Rights, but sadly, ever since Illinois passed Concealed Carry, IL Gun Owners got lazy again.. What a shame.

Is there any good news to this mess?  Hell Yes, Several years ago a push for “Gun Sanctuary Counties” began, and through tireless efforts of folks taking the time to attend County Board meetings and push for it, most Counties in Illinois are Gun Sanctuary Counties. Fast forward to this mess, and I am glad to say over 80 (out of 104) County Sheriffs have submitted letters , stating that this AWB is unconstitutional and that they will NOT Comply, and they will not allow the ISP to use their Jails without a Judges order.

Will we win in Court? I’m not sure, the “Subject only to the police power” placed ahead of “the Right of the individual Citizen to keep and bear arms shall not be infringed,” is a little worrisome to me.

We will still be training in North Central Illinois on a Monthly basis. Build the Skill  sets NOW before it’s too late.