Mandatory Compliance with PICA Despite Pending Legal Action Challenging its Constitutionality
In a past article (What is the New Illinois Firearms Law?), we advised that the recently enacted Protect Illinois Communities Act (PICA), bans the sale, delivery and purchase of assault weapons, high-capacity magazines, and .50 caliber rifles. We further discussed what actions the owners of the newly prohibited items needed to take to remain in compliance with the new law.
In another article (What Are Opponents of PICA Saying?), we discussed that the opponents of PICA believe that the new law infringed on both 2nd Amendment and 14th Amendment rights, among other concerns.
Due to the foregoing concerns, the Illinois State Rifle Association filed a federal lawsuit challenging the new law. While PICA faces pending legal challenges regarding its constitutionality, the law is currently in effect as of January 1, 2024. This means Illinois residents must fully comply with its restrictions.
Most critically, current owners of firearms newly classified as, “assault weapons” under the law must register them with the Illinois State Police (ISP) by January 1, 2024. This includes owners of semi-automatic rifles and pistols over a certain size, semi-automatic shotguns with revolving cylinders, firearm attachments like high-capacity magazines and bump stocks, and .50 caliber rifles and ammunition.
Although the allotted timeframe for registration has expired, ISP has left the portal open for late registration and agreed not to pursue charges on those who register their firearms, banned under PICA, as of January 1, 2024. It is important to note that despite ISP’s agreement to not pursue charges against late registerers, opponents of PICA have raised concerns that said agreement is merely a verbal statement and ISP is not obligated to honor said agreement.
Based on the aforementioned mandatory requirements of PICA, we advise all Illinois owners of applicable items to register the newly prohibited items and to safely store their prohibited weapons to avoid potential penalties. Residents who fail to register could face a Class 2 felony charge punishable by 3-7 years imprisonment. While legal developments in pending court cases could alter requirements down the road, for now the smartest choice is compliance.
If you should have additional questions or need more information about how to navigate the new restrictions, properly register or dispose of prohibited items, and/or need updated information on the legal challenges that could affect your rights and responsibilities, please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing us at azita@azitalaw.com or calling us at 312.641-0771.
