SPRINGFIELD, Ill. (WAND) — Assault weapon owners in Illinois have until January 1 to register their firearms with the Illinois State Police. While many adjust to this change, WAND News took a deep dive into why the Protect Illinois Communities Act was passed and the long battle it faced in court.
Hundreds of people in Illinois take pride in fighting for their Second Amendment rights each year during gun owner lobby day at the Capitol complex. However, people enjoying the 2022 Highland Park Fourth of July parade quickly had their American pride and happiness devastated by a mass shooting that killed 7 people and left 48 others injured.
Democratic lawmakers knew they had to act quickly to address assault weapons with or without Republican support.
"After nearly every mass shooting, we've seen efforts to ban dangerous weapons thwarted," Gov. JB Pritzker said on January 10. "Then leaders send their thoughts and prayers while they throw their hands up resigning themselves to the idea that gun violence is a sacrifice that Americans must accept."
The Protect Illinois Communities Act prohibits people from purchasing, selling, manufacturing and delivering assault weapons and high-capacity magazines. Rep. Dan Caulkins (R-Decatur) filed a lawsuit against the plan in Macon County where a local judge found the law unconstitutional. Although, the Illinois Supreme Court upheld the assault weapons ban in August.
Justice Elizabeth Rochford wrote that Illinois gun owners do not have the same standing and background as trained professionals who use assault weapons. Rochford, Chief Justice Mary Jane Theis, and Justices P. Scott Neville and Joy Cunningham also noted that plaintiffs waived any Second Amendment challenges to the law because it wasn't included in the Caulkins complaint in Macon County.
"The Illinois Supreme Court has shown itself to be very political," Caulkins said. "I think we have three lawyers left on the Supreme Court. They agreed with us."
Caulkins is upset that active and retired law enforcement will be able to buy and use assault weapons but most of the state's FOID card holders cannot do the same unless they register their firearms with the Illinois State Police.
It is important to note that the government is not taking firearms away from law-abiding gun owners. Anyone who owns assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges is required to register them through their FOID card account by January 1.
The affidavits must include the gun owner's name, birthday, and FOID card number as well as the make, model, caliber, and serial number of their weapons.Â
"We are all afforded the rights of the Second Amendment, and this law abridges my Second Amendment rights under the equal protection clause," Caulkins said.
Governor Pritzker signing the Protect Illinois Communities Act into law on January 10, 2023.
Lead sponsor Bob Morgan (D-Deerfield), who survived the Highland Park shooting, said he is glad the law has prevented the sales of thousands of assault weapons and high-capacity magazines since it took effect in January.
"We don't want anyone else to go through what we did," Morgan stressed. "So, it's very powerful and moving for us to know that we're going to take one step forward to reduce the likelihood that other communities will experience what we did."
Although the Illinois Supreme Court found the law constitutional, the legislation still faces a legal challenge before a federal court of appeals in Chicago.
Assault weapon owners can find answers to frequently asked questions on the Illinois State Police website by clicking here. Anyone with questions not answered in the FAQs section or in need of help submitting the affidavit can email ISP.AskFOIDandCCL@illinois.gov or visit the FOID kiosk at the Illinois State Police Troop 6 office at 801 S. 7th Street in Springfield.
State police ask that people not bring their assault weapons, ammunition or accessories if you visit a FOID kiosk.
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