Protect Illinois Communities Act:
Assault Weapons Ban

The Protect Illinois Communities Act (PICA), enacted as Public Act 102-1116 (HB 5471), is the most significant firearms legislation in Illinois in decades. Signed by Governor Pritzker on January 10, 2023, the law established a statewide ban on assault weapons, large-capacity magazines, and rapid-fire devices. While certain provisions — including the ban on sale, manufacture, and delivery — took immediate effect upon signing, the law's implementation was staggered: possession restrictions for grandfathered owners took effect 90 days after signing (April 10, 2023), the ISP endorsement affidavit portal opened on October 1, 2023, and the endorsement filing deadline was January 1, 2024. The Act was a direct legislative response to the July 4, 2022 mass shooting at the Highland Park Independence Day parade.^[1]

What PICA Prohibits

The Act prohibits the manufacture, delivery, sale, and purchase of assault weapons as defined by the statute. It also bans large-capacity ammunition feeding devices and rapid-fire devices such as bump stocks and trigger cranks. The shotgun fixed-magazine threshold is separate: a semiautomatic shotgun with a fixed magazine capacity exceeding five rounds is treated as an assault weapon under 720 ILCS 5/24-1.9(a)(1)(F)(v). The law amends multiple sections of the Illinois Criminal Code (720 ILCS 5/24-1) and the FOID Act (430 ILCS 65) to incorporate these restrictions.^[2]

Pre-Possession Grandfathering

Individuals who lawfully possessed assault weapons or large-capacity magazines before January 10, 2023, are not required to surrender or destroy them. However, they must submit an endorsement affidavit to the Illinois State Police, providing the make, model, and serial number of each weapon along with their FOID card number. The statutory deadline for this endorsement affidavit was January 1, 2024, though the ISP portal remains open for late submissions indefinitely. Grandfathered owners remain subject to strict possession and transport restrictions.^[3]

Penalties

Violation of the assault weapons ban carries the following penalties:

• Possession of a banned assault weapon, .50 caliber rifle, or .50 caliber cartridge without grandfathering: Class A misdemeanor for a first offense (up to 364 days in jail, up to $2,500 fine); Class 3 felony for subsequent offenses (2 to 5 years in prison)
• Sale or delivery of a banned assault weapon: Class 3 felony (2 to 5 years in prison)

These penalties apply to any person who possesses a weapon defined as an assault weapon under the Act without having completed the endorsement affidavit process, as well as to any person who sells or delivers such a weapon after the effective date.^[4]

Law Enforcement Exemptions

Active and retired law enforcement officers as defined under the federal Law Enforcement Officers Safety Act (LEOSA) are exempt from both the purchase and possession restrictions imposed by PICA. This exemption also extends to certain military personnel and security professionals specified in the Act.^[1]

Federal Pistol Brace Rule Rescission and PICA

The Biden administration's ATF Stabilizing Brace Rule, which classified many pistols with stabilizing braces as short-barreled rifles under the National Firearms Act, was vacated by federal courts and formally rescinded on April 29, 2026. Under current federal law, a pistol equipped with a stabilizing brace is not classified as a short-barreled rifle and does not require NFA registration.

This federal development does not affect PICA. Illinois's assault weapons ban uses a feature-based definition that is entirely independent of federal classifications. Whether a pistol is subject to PICA depends on its physical features -- such as the presence of a detachable magazine combined with a second pistol grip, barrel shroud, thumbhole stock, or folding/telescoping stock -- not on how the ATF classifies the firearm federally. The rescission of the brace rule changes nothing about PICA's scope.

Gun owners who possess pistols with stabilizing braces should evaluate their firearms against PICA's specific feature list, not against federal NFA classifications. If a braced pistol meets PICA's definition of an assault weapon, it is subject to all of the law's restrictions regardless of its federal status. The ISP maintains guidance on PICA's feature definitions at isp.illinois.gov/Home/AssaultWeapons.^[5]

Active Legal Challenges

PICA faces multiple ongoing federal court challenges that have cast significant uncertainty over the law's long-term enforceability. In Barnett v. Raoul (S.D. Ill., Case No. 23-cv-209), a federal district court issued a permanent injunction against the assault weapons and magazine bans on November 8, 2024, ruling them unconstitutional under the Supreme Court's Bruen framework. The Seventh Circuit stayed that injunction on December 5, 2024, keeping PICA in effect during the appeal. Oral argument was held at the Seventh Circuit in September 2025, and a decision remains pending as of March 2026.^[5]

In a significant development, the U.S. Department of Justice filed an amicus brief on June 13, 2025, supporting the challenge to PICA -- the first time DOJ has argued against an assault weapons ban in federal litigation. The brief contended that PICA's bans are not consistent with the historical tradition of firearms regulation as required by Bruen.^[6]

While the Seventh Circuit's stay keeps PICA enforceable during the appeal, the combination of the district court's permanent injunction, DOJ's opposition to the ban, and the pending appellate decision creates substantial legal uncertainty. Firearms owners should be aware that the law remains in effect and enforceable as of March 2026, but its constitutional status could change depending on the Seventh Circuit's ruling and any subsequent Supreme Court review.

See also: Possession Restrictions for Grandfathered Assault Weapons