Illinoisans could soon face penalties if improperly possessing certain guns, magazines

[April 06, 2023]  By Greg Bishop | The Center Square

(The Center Square) – Starting April 10, gun owners in Illinois will be violating state law if they possess certain semi-automatic firearms and magazines in public places.

At an unrelated stop in Champaign Wednesday, Gov. J.B. Pritzker said the ban on more than 170 semi-automatic firearms and magazines over 10 rounds for rifles and 15 rounds for handguns is to keep guns off the streets.

“There are certain guns that should not be available to the general public broadly and you’ve seen that, I believe, I’ve shown my own view about that, and the General Assembly showed its view on it,” Pritzker said.

Pritzker enacted the Protect Illinois Communities Act Jan. 10, prohibiting all future sales except to some in certain law enforcement roles. While already owned firearms and magazines were grandfathered, the law says 90 days after enactment, gun owners must follow certain protocols or face criminal penalties.
 

Illinois State Police say on their frequently asked questions website about the law, Illinoisans can “legally possess the firearm on private property owned or immediately controlled by the person, on private property that is not open to the public with the express permission of the person who owns or immediately controls such property, while on premises of a licensed firearms dealer or gunsmith for lawful repair, at a licensed firing range or sport shooting competition venue, or while traveling to and from these locations.”

Gun rights advocate Todd Vandermyde said there’s too much gray area.

“The gun club I’m on the board of directors of, what constitutes properly licensed? We have a special use permit from the county to do what we do but there is no Illinois licensing of ranges,” Vandermyde told The Center Square.

While certain capacity magazines over 10 rounds for rifles and 15 rounds for handguns can be owned, they cannot be possessed in public. Vandermyde argues the law includes prohibiting 15 round magazines that have removable base plates, which he says is common.

“If we make it impossible for you to carry commonly used magazines with your carry gun, we kind of negate carry across the board,” Vandermyde said.

Vandermyde also raised concerns how those licensed to conceal carry holders will be treated.

Semi-automatic firearms behind a locked cabinet at a retailer in Springfield, Illinois, with a note to who can purchase such weapons - Greg Bishop / The Center Square

“Police chiefs are political creatures and if they put down from the hierarchy ‘you will enforce this, you come across somebody with a carry license, you will inspect their magazines,’ and things like that, then it’s going to lead to a whole new level of probably litigation,” he said.

The law says 90 days after enactment, Illinois gun owners can’t possess prohibited guns or magazines in public unless they’re unloaded in a closed case. That includes transporting from one place to another. There’s also a provision in the law about people from out of state with such firearms and magazines.

“Any nonresident who transports, within 24 hours, a weapon from where they may lawfully possess it to another place they may lawfully possess it must ensure the weapon is unloaded and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment during transport,” ISP said on it’s FAQ. “If the vehicle doesn’t have a compartment outside of the driver’s compartment, the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.”

Vandermyde doesn’t see how that can be enforced.

“That if you’re not a resident, you’re only supposed to be here for 24 hours,” Vandermyde said. “How does that work?”

Violation of the magazine ban is a petty offense with a $1,000 fine. Unlawful possession of a banned firearm carries up to a Class 3 felony.

Another phase of the gun and magazine ban is the registry.

Illinois residents “may keep any AR 15 or assault weapon that has been defined as an assault weapon under the new law if the firearm was owned prior to effective date of the law and registered between October 1, 2023 and January 1, 2024,” ISP said. “There is no registration fee.”

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.