Possession Restrictions for Grandfathered Assault Weapons

Even when an Illinois resident has lawfully registered a pre-ban assault weapon through the endorsement affidavit process, PICA imposes strict limitations on where and how that weapon may be possessed and transported. Subject to the exceptions in Sections 24-1.9 and 24-1.10, these location restrictions took effect on April 10, 2023, 90 days after the Act was signed, and apply to grandfathered assault weapons and large capacity ammunition feeding devices.^[1]

Permissible Locations

Except as provided in Section 24-1.9(e), a person who has submitted a valid endorsement affidavit may possess a grandfathered assault weapon only in the locations listed in Section 24-1.9(d).^[2]

• The owner's private property includes the owner's residence and other private property owned or immediately controlled by the person
• Another person's private property permits possession if it is not open to the public and the person who owns or immediately controls it gives express permission
• The weapon may be possessed on the premises of a licensed firearms dealer or gunsmith for lawful repair
• A properly licensed firing range or sport shooting competition venue permits possession while the weapon is being legally used there

Transport Requirements

When transporting a grandfathered assault weapon between permissible locations, the owner must comply with specific transport conditions:

• The weapon must be unloaded
• The weapon must be enclosed in a case, firearm carrying box, shipping box, or other container
• The weapon may be transported while traveling to or from these locations

The weapon must remain unloaded and enclosed at all times during transit.^[3]

Prohibited Locations

Except as provided in Section 24-1.9(e), grandfathered assault weapons may not be possessed outside the locations authorized by Section 24-1.9(d). This means they are prohibited in:

• Public parks, forests, and state lands outside the locations and uses permitted by Section 24-1.9, including expressly permitted hunting under the Wildlife Code and qualifying travel
• Businesses, stores, and commercial establishments outside the private property, lawful repair, firing range, sport shooting competition, and transport permissions in Section 24-1.9(d) and the exceptions in Section 24-1.9(e)
• Public roadways (except during lawful transport)
• Public gatherings or events outside the locations and uses allowed by 720 ILCS 5/24-1.9(d) and (e)

Penalties for Violating Possession Restrictions

Knowingly possessing a grandfathered assault weapon outside the permissible locations, or knowingly transporting it without the required enclosure and unloading, violates 720 ILCS 5/24-1(a)(15) when possession violates Section 24-1.9. A person convicted of a violation of Section 24-1(a)(15) commits a Class A misdemeanor. A person convicted of a second or subsequent violation of that paragraph commits a Class 3 felony.^[4]