Fraction of 1% of Illinois FOID card holders register banned guns in
first week
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[October 11, 2023]
By Greg Bishop | The Center Square
(The Center Square) – With Illinois’ gun and magazine ban still facing
legal hurdles in federal court, a registry created in relation to the
ban has been open for a week. A fraction of a percent of gun owners have
complied so far.
As part of the Protect Illinois Communities Act that was enacted earlier
this year, the registration portal for firearms owners in Illinois that
own certain semi-automatic firearms, accessories and ammunition opened
Oct. 1. While the law bans more than 170 semi-automatic rifles, shotguns
and handguns, it also bans handgun magazines over 15 rounds and rifle
magazines over 10 rounds. Magazines do not have to be registered.
Illinois State Police published the first round of statistics Tuesday,
and of more than 2.4 million Firearm Owner ID card holders, 1,050
individuals have registered a total of 3,202 firearms, .50 caliber
ammunition and accessories.
“You’re at 0.0004%. That’s a rounding error,” gun rights advocate Todd
Vandermyde told The Center Square.
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Of the 3,202 items disclosed, ISP said there were 2,060 firearms listed
at the registry. ISP did not provide a breakdown of what types of
firearms were registered. For .50 caliber ammunition registrations,
there were 1,125 disclosures. There were only 17 reported accessories
being registered in the first week. Vandermyde said that highlights the
vagueness of what is an accessory.
“They’ve got a long way to go if they think they’re going to get any
real sort of compliance,” Vandermyde said. “I think this is starting off
about where we thought it would.”
A vagueness argument against the law is in front of Southern District of
Illinois federal Judge Stephen McGlynn Wednesday afternoon. Attorney
Thomas Maag, who represents the plaintiffs, said he will advance his
arguments that the law violates the Fifth Amendment right against self
incrimination if the vagueness charges don't result in an injunction.
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Multiple pages of an exhibit in the state's response to a legal
challenge of Illinois' gun ban
Greg Bishop / The Center Square
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The Seventh Circuit U.S. Court of Appeals has yet to release an opinion
in the consolidated case challenging the state’s law on Second Amendment
grounds. Appellate judges heard that case on June 29.
Vandermyde advised against registering right away as the law continues
to be challenged in federal court, among other reasons.
“State Police still haven’t finalized the rules on this stuff and the
advice they’re giving in their rules and vis a vis their website is
contradictory to each other and the statute,” he said.
The emergency gun registration rules are before the Joint Committee on
Administrative Rules, which meets Oct. 17. The deadline to register
firearms the legislation bans is Jan. 1, 2024. Being found out of
compliance could bring criminal charges ranging from a Class A
Misdemeanor for the first offense to a Class 3 felony for subsequent
offenses.
Only firearms owned before Jan. 10, 2023, can be registered, according
to Illinois State Police. That does not include any firearms purchased
under a temporary restraining order issued for thousands of plaintiffs
that have now been vacated or those who purchased firearms during a
six-day window that a preliminary injunction against the law was in
effect.
State Rep. Amy Elik, R-Alton, has a measure at the statehouse she filed
last month that would require Illinois State Police to destroy any such
firearm registration records it has received if the law is found
unconstitutional.
“My legislation ensures that if certain gun-related provisions are found
unconstitutional, the information collected from law-abiding gun owners
when registering their firearms is immediately destroyed,” said Elik.
“This protects the privacy of law-abiding gun owners, preventing the
government from retaining their personal information."
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