The Illinois Assault Weapons Ban

What is it?

• Illinois House Bill 5855, referred to anecdotally as the “Protect Communities Act” was passed and signed on January 10, 2023
• The bill creates a statewide ban on: 
  • The sale and delivery of assault weapons
  • High-capacity magazines 
  • “Switches” and other modifications that enable standard handguns to fire rapidly 
• The bill makes Illinois the ninth state to implement an assault weapons ban. The United States had a federal assault weapon from 1994 to 2004 but currently has no federal ban. 

Who created it?

• HB5855 is a state legislative bill created by the 102nd general assembly, sponsored by state Democrats. 
• The bill is distinct from pending federal legislation to institute a federal assault weapons ban. 

Who does it impact?

• The bill primarily impacts gun owners. After January 11, 2023, residents cannot legally purchase AR-15s or assault weapons in the state of Illinois. According to the Illinois State Police, residents who owned an AR-15 or assault weapon prior to the implementation date can legally have their firearm on their own private property, at a firearms dealer or gunsmith for repair, at another person’s property with their consent, or at a firing range. However, the weapon must be registered between October 1, 2023 and January 1, 2024. 
• Notably, the bill does not change much for residents of Cook County and greater Chicago, since both areas instituted similar legislation in recent years. 
• Glock switches are already illegal under federal law, so the ban on such modifications is a reaffirmation of this. 
• However, it will impact counties without existing bans, including those counties with some of the highest rates of gun violence, such as St. Clair and Massac County. 

Support

• Data in support of the assault weapons ban is limited, notably due to the federal Dickey Amendment, which has prevented research on gun violence since 1996. 
• However, Giffords Law Center and Northwestern Medical Center find assault weapons bans can reduce gun violence significantly. 
• A Giffords Poll also found that more than 60% of Illinois residents support an assault weapons ban. 
• This support amplifies FBI data that says Illinois accounts for more than a fifth of all US gun sales. 

Opposition

• Contrary to the above organizations, several including Rand believe the data on the effectiveness of assault weapons bans at reducing gun violence is inclusive. 
• Several policymakers argue the state solution is only effective as a federal policy, because those interested in purchasing weapons can buy one across the state line. In 2022, an ATF study found that only 50% of guns in Chicago were purchased in Illinois; the rest were purchased beyond state lines. 
• At least 74 police agencies have stated they will not enforce the ban, which will affect nearly 30% of Illinois residents. 
• Additionally, some argue the solution to switches and other modifications will only be effective if enforced by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 
• Of note, there have been several lawsuits against the legislation, which argue the ban violates the Second Amendment of the US Constitution. Two federal judges have rejected these claims while one judge has ruled in favor of this claim. The Illinois State Supreme Court upheld the law in August, but did not issue a final order as the plaintiff is appealing the case to the US Supreme Court.