SB 2136: Proposed Repeal of the Assault Weapons Ban

Senate Bill 2136, introduced on February 7, 2025, in the 104th Illinois General Assembly, proposes the repeal of the assault weapons ban provisions enacted under the Protect Illinois Communities Act (PICA). If passed, the bill would remove the statewide prohibitions on assault weapons, large-capacity magazines, and rapid-fire devices that took effect on January 10, 2023.^[1]

What the Bill Would Do

SB 2136 would amend the Criminal Code of 2012 (720 ILCS 5) to repeal the sections of PICA that define and prohibit assault weapons, set magazine capacity limits, ban rapid-fire devices, and require registration of pre-owned assault weapons through the endorsement affidavit system. The bill would effectively restore the legal status of these firearms and accessories to what it was before January 10, 2023.^[1]

The bill's provisions include:

• Removing the ban on semiautomatic rifles, pistols, and shotguns with specified features
• Eliminating magazine capacity limits (currently 10 rounds for rifles, 15 for handguns)
• Removing the ban on rapid-fire devices such as bump stocks and trigger cranks
• Eliminating the assault weapons endorsement affidavit requirement

Supporters' Arguments

Proponents of SB 2136 argue that the assault weapons ban is an unconstitutional infringement on the Second Amendment rights of law-abiding Illinois residents. They contend that the banned firearms are among the most commonly owned in the nation and are used overwhelmingly for lawful purposes, including home defense, sport shooting, and hunting. Supporters also argue that the ban has not demonstrably reduced violent crime in Illinois and that criminals do not comply with registration and ban requirements.^[1]

Additionally, proponents point to the low compliance rate with the endorsement affidavit registration requirement as evidence that the ban is unworkable. Reports indicate that only a fraction of the estimated assault weapons in Illinois were registered by the January 1, 2024, deadline, suggesting that the ban has created a large class of technical violators among otherwise law-abiding gun owners rather than actually reducing the number of banned firearms in circulation. The registration data also raises enforcement concerns, as the ISP would need to identify and prosecute potentially hundreds of thousands of non-compliant individuals.

Legislative Prospects

SB 2136 faces significant legislative obstacles. Democrats hold supermajorities in both the Illinois Senate and House of Representatives, and the current General Assembly enacted the assault weapons ban with strong Democratic support. Governor Pritzker, who signed PICA into law, has repeatedly stated his commitment to the ban. The bill is widely viewed as unlikely to pass the current legislature but serves as a vehicle for legislative debate, a statement of policy opposition, and a potential foundation for future efforts should the political landscape shift.^[1]

Interaction with Pending Litigation

The introduction of SB 2136 occurs against the backdrop of multiple federal court challenges to PICA. If the Seventh Circuit strikes down the assault weapons ban in the consolidated Barnett/Bevis/Harrel litigation, the repeal bill could become moot for practical purposes. Conversely, if the courts uphold the ban, SB 2136 represents the legislative avenue through which opponents would seek to undo the restrictions. The parallel tracks of litigation and legislation reflect the dual strategy employed by Second Amendment advocates who are pursuing relief in both the courts and the legislature simultaneously.^[2]