Ill. Admin. Code tit. 20 § 1230.65

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1230.65 - Possession and Transfer of Items Regulated by Sections 24-1.9 or 24-1.10 of the Criminal Code of 2012

a) All transfers of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall be made in accordance with Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] .

b) If a person is in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, and the person fails to comply with any applicable electronic endorsement affidavit filing requirements, the person shall either surrender the possession of the items to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] .

c) If a person's FOID Card is revoked, suspended or canceled while in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, the person shall either surrender possession to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] .

1) If the owner surrenders possession to a law enforcement agency and intends to appeal the revocation or suspension so that the items surrendered can be returned if the appeal is successful, the owner shall notify the law enforcement agency of their intent at the time of surrender.

A) If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which it was surrendered.

B) If the appeal is unsuccessful, the items surrendered may, at the request of the owner, be transferred to an FFL of the owner's choosing so that the items may be sold by the FFL on behalf of the owner consistent with PICA.

C) If the appeal has not been exhausted within 180 days of the suspension, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

2) Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card suspension or revocation based upon a protective order as defined by Section 1.1 and required by Section 8.2 of the Act, shall not be destroyed until after the appeal has been exhausted.

d) If transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is required, transfer shall be made to:

1) Peace officers;

2) Qualified law enforcement and retirees;

3) Federal, State, or local law enforcement agencies;

4) Wardens, superintendents, and keepers of correctional institutions;

5) Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;

6) Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447 ];

7) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard;

8) Any Department or Agency of the United States government;

9) An individual residing in and maintaining possession in another state; or

10) An FFL for export to another state or for sale to exempt individuals.

e) Whenever an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is transferred to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] , the person or FFL making the transfer shall confirm the identity and eligibility of the person receiving the items.

1) The person or FFL making the transfer must obtain a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.

2) A copy of the proof of eligibility must be maintained as a part of the transfer record required by Section 3(b) of the Act.

3) If the transfer is completed by an FFL, a copy of the proof of eligibility shall be attached to the ATF Form 4473.

f) A person in possession of an assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge consistent with the exemptions set forth in 720 ILCS 5/24-1.9(e)(i) through (v) for shooting competition events and practice, non-residents, hunting consistent with the Wildlife Code, and entertainment props, are not required to provide proof of an endorsement affidavit while engaged in the conduct set forth in the exemptions.

g) A person who has completed endorsement affidavit(s), may possess the items set forth in the endorsement affidavit(s) in any of the locations set forth in 720 ILCS 5/24-1.9(d) including:

1) on private property owned or immediately controlled by the person;

2) on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;

3) while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;

4) while engaged in the legal use of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or

5) while traveling to or from these locations, provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.

h) Pursuant to the provisions of 720 ILCS 24 -1.9(d) and 720 ILCS 24 -1.10(d), assault weapons, .50 caliber rifles, and large capacity ammunition feeding devices may be temporarily surrendered to an FFL or gunsmith for repairs regardless of the duration of the repairs. Any FFL or gunsmith making repairs pursuant to these provisions may order the parts necessary to complete such repairs and return the items to their owner upon completion of the repairs regardless of the duration of the repairs so long as the repairs do not include the purchase of additional assault weapon attachments beyond those necessary to make the item functional again.

Ill. Admin. Code tit. 20, § 1230.65

Emergency rule added at 47 Ill. Reg. 14038, effective 9/15/2023, for a maximum of 150 days, exp. 2/12/2024 (Emergency)

Added at 48 Ill. Reg. 2881, effective 2/8/2024