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Effective

Possession Restrictions for Grandfathered Assault Weapons

Assault WeaponsTransportPICA

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. These restrictions took effect on April 10, 2023 -- 90 days after the Act was signed -- and apply to all grandfathered assault weapons and large-capacity magazines.[1]

Permissible Locations

Under PICA, a person who has submitted a valid endorsement affidavit may possess a grandfathered assault weapon only in the following locations:[2]

  • The owner's private property: The weapon may be possessed at the owner's residence or on other private property owned by the registered owner
  • Another person's private property: The weapon may be possessed on private property not open to the public, with the property owner's permission
  • A licensed firing range: The weapon may be possessed and used at a properly licensed shooting range

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
  • Transport must be directly to or from one of the permissible locations listed above

The transport exception does not permit stops at other locations while the assault weapon is in the vehicle, except for necessary stops such as refueling. The weapon must remain unloaded and enclosed at all times during transit.[3]

Prohibited Locations

Grandfathered assault weapons may not be possessed in any location that does not meet the criteria above. This means they are prohibited in:

  • Public parks, forests, and state lands
  • Businesses, stores, and commercial establishments
  • Public roadways (except during lawful transport)
  • Any location listed as a prohibited area under the Concealed Carry Act (430 ILCS 66/65)
  • Any public gathering or event

These restrictions are significantly more limited than the general FOID possession rules that apply to non-banned firearms, which permit possession in a much broader range of locations.[1]

Penalties for Violating Possession Restrictions

Possessing a grandfathered assault weapon outside the permissible locations, or transporting it without proper enclosure and unloading, constitutes a violation of 720 ILCS 5/24-1. The penalty structure follows the same classification as other assault weapon violations under PICA: a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses.[4]