Protect Illinois Communities Act:
Assault Weapons Ban

The Protect Illinois Communities Act (PICA) was enacted as Public Act 102-1116 (HB 5471). Signed by Governor Pritzker on January 10, 2023, the law established a statewide ban on assault weapons, large-capacity magazines, and rapid-fire devices. The ban on sale, manufacture, and delivery took effect upon signing. Possession restrictions for grandfathered owners took effect 90 days after signing (April 10, 2023). The Act required ISP to prescribe the endorsement affidavit form and manner no later than October 1, 2023, and the endorsement filing deadline was January 1, 2024.^[2]

What PICA Prohibits

Subject to statutory exceptions, the Act prohibits the knowing 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, that are designed to and function to increase the rate of fire of a semiautomatic firearm (720 ILCS 5/24-1(a)(14)). 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 if they comply with the applicable endorsement affidavit and possession restrictions. Owners of grandfathered assault weapons must submit an endorsement affidavit to the Illinois State Police, providing the make, model, caliber, and serial number of each weapon along with their FOID card number. Grandfathered large-capacity magazines require no affidavit or registration (720 ILCS 5/24-1.10(d)). The statutory deadline for this endorsement affidavit was January 1, 2024, though the ISP portal remains open for late submissions indefinitely. ISP warns that the relevant jurisdiction could deem a late endorsement affidavit invalid or insufficient. Grandfathered owners remain subject to strict possession and transport restrictions.^[3]

Penalties

Violation of the assault weapons ban carries the following penalties:

• Unlawful possession of a banned assault weapon or .50 caliber rifle is a Class A misdemeanor for a first offense (up to 364 days in jail and a fine of up to $2,500) and a Class 3 felony for subsequent offenses (an ordinary prison term of 2 to 5 years).
• Unlawful possession of a .50 caliber cartridge is a Class A misdemeanor under the unlawful possession of weapons statute.
• Sale or delivery of a banned assault weapon in violation of PICA is a Class 3 felony, with an ordinary prison term of 2 to 5 years.

These possession penalties apply to knowing possession in violation of PICA, subject to its grandfathering provisions and other statutory exceptions. The sale and delivery penalties likewise apply only to transactions prohibited by PICA.^[4]

Law Enforcement Exemptions

Qualified law enforcement officers and qualified retired law enforcement officers as defined under the federal Law Enforcement Officers Safety Act (LEOSA) and recognized under Illinois law 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.^[2]

Federal Pistol Brace Rule Litigation and Proposed Rescission

Courts enjoined, stayed, or vacated ATF's 2023 Stabilizing Brace Rule. On May 6, 2026, ATF published a proposal to remove the regulatory language added by that rule. A braced firearm can still be a rifle if it is designed or redesigned, made or remade, and intended to be fired from the shoulder. A rifle with a barrel of less than 16 inches is an NFA firearm subject to registration.

This federal development does not affect PICA. Illinois's assault weapons ban applies its own statutory definition, including the listed features for semiautomatic pistols. A semiautomatic pistol that can accept or be readily modified to accept a detachable magazine meets PICA's features test if it has a second pistol grip, a qualifying barrel shroud, or another listed feature. A buffer tube, arm brace, or other part protruding horizontally behind the pistol grip qualifies if it is designed or redesigned to allow or facilitate firing from the shoulder. The proposed rescission concerns the federal definition of rifle. PICA's listed pistol features include a qualifying arm brace.

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.^[3]

Active Legal Challenges

PICA faces multiple ongoing federal court challenges. 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 pending appeal, keeping PICA in effect during the appeal. Oral argument was held in September 2025, and on July 9, 2026 the Seventh Circuit decided the appeal 2-1 in the State's favor, reversing the district court judgments and remanding with directions to enter judgment for the defendants. Judge St. Eve wrote the majority opinion, joined by Judge Easterbrook, and Chief Judge Brennan dissented.^[5]

The U.S. Department of Justice filed an amicus brief on June 13, 2025, supporting the challenge to PICA. The brief argued that the Act bans firearms in common use by law-abiding citizens for lawful reasons and is therefore unconstitutional, and it asked the Seventh Circuit to affirm the district court's injunction.^[6]

The July 9, 2026 ruling reversed the district court judgments and remanded the cases for entry of judgments for the defendants. On September 25, 2026, Justice Barrett granted application 26A404, extending the deadline for the Barnett challengers to file a certiorari petition until November 6, 2026, and on October 19, 2026 she extended it again to December 4, 2026. Those orders extend the filing period without granting review of the case. Read the application docket. The Supreme Court separately scheduled argument for December 2, 2026 after granting certiorari on June 30, 2026 in Viramontes v. Cook County, consolidated with Grant v. Higgins, on whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles. PICA remains in effect while that case is pending.

See also: Possession Restrictions for Grandfathered Assault Weapons