(The Center Square) – With Illinois State Police saying they’ve filed emergency rules for Illinois’ gun and magazine ban registry, the law still faces legal challenges in federal and state court.
A ruling on the Second Amendment challenges is pending out of the Seventh Circuit U.S. Court of Appeals. A separate case challenging the law on vagueness grounds is in the Southern District of Illinois federal court next month.
Despite that, Illinois State Police announced Monday they’ve filed rules for the gun registry that opens Oct. 1 through the state’s Firearm Owner ID card portal.
“Individuals who possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before the Act took effect are required to submit an endorsement affidavit through their Firearm Owner’s Identification (FOID) Card account prior to January 1, 2024,” ISP said in a statement.
In December before the final measure was passed, Illinois State Police Director Brendan Kelly said for those who don’t want to register online, there will be kiosks set up.
“To do the process that’s outlined in this legislation,” Kelly said. “So they can keep those. The information is on file with the Illinois State Police pursuant to this statute. It will be less of an enforcement mechanism and more of a compliance mechanism.”
Criminal penalties apply for those who don’t comply. The first offense is a Class A misdemeanor. Second and subsequent offenses is a Class 3 felony. That could result in a 5 to 10 year prison sentence.
Gun rights advocate Todd Vandermyde warned in December before the measure passed people wouldn’t comply.
“You can’t put us all in jail, your new bail law just said you can’t do that,” Vandermyde told lawmakers during a hearing. “You will have civil disobedience to where people aren’t gonna register things. They’re not gonna surrender things. They’re not going to turn them in. So I ask you, what is the enforcement mechanism? You going to send state police house to house?”
In the rules ISP posted to their website, the exempted classes who don’t have to register include armed security, private security and members of the armed services.
The rules lay out that armed security, private security, members of the armed services are not subject to the registry.
“However, these persons must complete an electronic endorsement affidavit if their possession of these items extends beyond the performance of their official duties,” the rules state.
Peace officers, qualified law enforcement and retirees, wardens, superintends and keepers of correctional institutions also don’t have to file an affidavit. Also exempt are olympic target shooting competitors and coaches, nonresidents who are transporting and persons in possession at an event at the World Shooting and Recreational Complex in Sparta.
The affidavit shall include: FOID card number, affirmation that they possess certain firearms before Jan. 10, whether they inherited such items, moved to Illinois after Jan. 10, “filing an endorsement affidavit voluntarily,” and the make, model, caliber and serial number of each firearm.
The rules also list the “assault weapons subject to an endorsement affidavit” with the list to be “updated on the website no later than October 1, 2024, and every October 1st thereafter.”
The emergency rules, which have yet to be published in the Illinois Register maintained by the Illinois Secretary of State, must now go before the Joint Committee on Administrative Rules. Their next meeting is scheduled for Oct. 17, more than two weeks after the registry is set to open.
