AUTHORITY: Implementing and authorized by the Firearm Owners Identification Card Act [430 ILCS 65] and authorized by Section 2605-120 of the Civil Administrative Code of Illinois. (Illinois State Police Law) [20 ILCS 2605].
SOURCE: Filed March 8, 1973; codified at 7 Ill. Reg. 9557; amended at 8 Ill. Reg. 21306, effective October 10, 1984; recodified from the Department of Law Enforcement to the Department of State Police at 10 Ill. Reg. 3279; amended at 17 Ill. Reg. 18856, effective October 18, 1993; amended at 22 Ill. Reg. 16629, effective September 8, 1998; amended at 27 Ill. Reg. 10308, effective June 26, 2003; amended at 38 Ill. Reg. 2301, effective December 31, 2013; emergency amendment at 44 Ill. Reg. 6166, effective April 6, 2020, for a maximum of 150 days; emergency expired September 2, 2020; emergency amendment at 44 Ill. Reg. 15819, effective September 3, 2020, for a maximum of 150 days; emergency expired January 30, 2021; emergency amendment at 45 Ill. Reg. 2763, effective February 19, 2021, for a maximum of 150 days; emergency expired July 18, 2021; amended at 45 Ill. Reg. 11201, effective August 30, 2021; amended at 46 Ill. Reg. 1057, effective December 21, 2021; amended at 46 Ill. Reg. 6798, effective April 12, 2022; emergency amendment at 46 Ill. Reg. 13553, effective July 15, 2022, for a maximum of 150 days; amended at 46 Ill. Reg. 19237, effective November 21, 2022; amended at 47 Ill. Reg. 2431, effective February 3, 2023; Sections 1230.15 and 1230.75 transferred to 20 Ill. Adm. Code 3500 at 47 Ill. Reg. 2474; emergency amendment at 47 Ill. Reg. 14038, effective September 15, 2023, for a maximum of 150 days; amended at 48 Ill. Reg. 2881, effective February 8, 2024.
Section 1230.10 Definitions
Terms defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1] and Section 24-1.9 and 1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] have the same meanings when used in this Part. The following additional definitions also apply to this Part, unless the context clearly requires a different meaning:
"Act" means Firearm Owners Identification Card Act [430 ILCS 65].
"Active" means the Firearm Owner's Identification Card is active in the online FOID/FCCL system and valid for purposes of acquiring and possessing firearms and firearms ammunition.
"Antique firearm" shall have the meaning ascribed to it in 18 U.S.C. 921(a)(16), i.e.:
any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or
any replica of any firearm described in the previous paragraph if the replica:
is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or
any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.
The term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of these.
"Applicant" means a person who has submitted an application for a Firearm Owner's Identification Card.
"Assault Weapon" means a firearm that meets the definition of an assault weapon as set forth in Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9(a)(1)]. For additional guidance see Appendix A.
"Assault Weapon Attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in the Act. For example,
a pistol grip or thumbhole stock;
any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
a folding, telescoping, thumbhole, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;
a flash suppressor;
a grenade launcher;
barrel shroud;
a threaded barrel; and
a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.
"Assault weapon attachments" do not include integral parts, components of an assault weapon, or other items not specifically designed for a firearm, for example items specifically designed for an airsoft gun. Rather they are supplementary items that can be attached to assault weapons. If a person were to attach parts specifically designed for an airsoft gun to a firearm thereby bringing the firearm within the definition of assault weapon under PICA, the firearm, not the attachment, would be regulated.
"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
"Barrel Shroud" means a component added to the rifle that was not part of the original design that is attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned. Barrel shroud does not include a handguard that is designed as part of the stock regardless of whether the stock is a one-piece wood or plastic unit or a multi-piece set.
"Capacity" means the total number of rounds that can be used at the maximum identified chambered sized round.
"Criminal Justice System Employee" includes law enforcement officials, courts, State's Attorneys, probation officers, parole officers, and federal law enforcement officials.
"Department" means the Illinois State Police.
"Designator" means an indication printed on the face of a FOID Card that the card holder has been issued an FCCL.
"Director" means the Director of the Illinois State Police or the Director's designee.
"Endorsement Affidavit" means an affidavit electronically executed through the online FOID/FCCL System that registers an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with the Department as required by Section 24-1.9(d) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)].
"FCCL" means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry Act [430 ILCS 66], which may be indicated as a Designator printed on the face of a FOID Card.
"FFL" means a person or business who has been issued a Federal Firearms License by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
"Felony Indictment" shall mean an indictment for a crime punishable by imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and (n).
"Flash Suppressor" means a muzzle attachment designed to reduce muzzle flash. A flash suppressor may also be referred to as a flash hider but does not include a muzzle brake.
"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the Act, which may include an FCCL Designator printed on the face of the card.
"Having Possessed Such Items Prior to January 10, 2023" means persons who possess one of the prohibited items under the Act, as the result of a sale or transfer with a background check initiated with the Department on or before January 10, 2023, where the sale or transfer was completed after that date pursuant to Section 24-1.9(f) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(f)].
"Heir" means a person who receives property by reason of the death of another whether as heir, legatee, beneficiary, survivor or any other capacity as allowed by the Illinois Probate Act [755 ILCS 5/] and the Illinois rules of intestate succession.
"Inherit" means to receive a distribution pursuant to intestate succession, will, trust, or other method permitted by law upon the death of the owner.
"Large capacity ammunition feeding device" means
a) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of any type of ammunition for long guns and more than 15 rounds of any type of ammunition for handguns; or
b) any combination of parts from which a device described in paragraph (a) can be assembled.
"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.
"Law enforcement officer" means an employee of a government agency who:
is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;
has statutory powers of arrest or custodial detention;
is authorized by the agency to carry a firearm while on duty;
is not the subject of any disciplinary action by the employing agency that could result in termination;
meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and
is not prohibited by federal law from possessing a firearm.
"Law enforcement official", for purposes of clear and present danger reporting, means any peace officer, warden, superintendent or keeper of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a criminal offense, and employees of police laboratories having a department or section of forensic firearm identification.
"Move to Illinois" means to relocate from another state or country with intent to make Illinois the primary domicile as evidenced by an Illinois Driver's License or Illinois State Identification Card.
"Muzzle Brake" means an attachment or feature of the muzzle end of the barrel that uses the propellant combustion gas with the desired effect of redirecting the recoil. A muzzle brake may also be known as a compensator.
"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or another person's FOID Card is valid and active where permitted by law.
"Out-of-state resident" means a person who does not qualify for an Illinois driver's license or an Illinois State identification card due to his or her establishment of a primary domicile in another state.
"Peace Officer" shall have the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012 [720 ILCS 5/2-13].
"PICA" means the Protect Illinois Communities Act, Public Act 102-1116.
"Proof of eligibility" for purposes of transferring an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device 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] means 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.
"Properly licensed firing range" means an area that contains shooting stations or firing lines, target areas, and other related components for discharging firearms at a target in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm, which meets the requirements set forth in Section 5 of the Premises Liability Act 740 ILCS 130/5, as well as any applicable rules as set forth by the unit of local government with jurisdiction. It also includes licensed shooting preserves and public hunting areas operated or licensed by the Department of Natural Resources.
"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining orders issued under the Firearms Restraining Order Act [430 ILCS 67].
"Qualified Law Enforcement Officer" and "Qualified Retired Law Enforcement Officer" shall have the meanings ascribed to those terms in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law. (See 720 ILCS 5/24-1.9(e)(2) and 720 ILCS 5/24-1.10(e)(2))
"Readily assembled, modified, restored or converted" shall mean any assembly, modification, restoration, or conversion beyond those that would be required in regular maintenance that is fairly or reasonably efficient, quick, and easy, and does not require special knowledge or skill, additional parts or tools, or significant expense. Readily assembled, modified, restored or converted shall not include assembly, modifications, restorations, or conversions that would damage or destroy the firearm or cause it to malfunction.
"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.
"Stock" means the wood or plastic component(s) to which the metal parts of a firearm are attached to enable the shooter to hold the firearm, including but not limited to the fore stock.
"Transfer" means the permanent relinquishment of ownership of a firearm or other item, where possession of the item is regulated by the Act or Article 24 of the Criminal Code of 2012 [720 ILCS 5/24], to another person regardless of whether consideration or money is received by the seller.
"Unlawful Drug Use" shall mean any unlawful use of or addiction to any controlled substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).
"Valid" means current and not suspended, revoked, expired, canceled, invalidated, denied or disqualified.
(Source: Amended at 48 Ill. Reg. 2881, effective February 8, 2024)
Section 1230.15 FOID Card and Assault Weapon Electronic Endorsement Affidavit Requirement
a) FOID Card Requirement. Pursuant to Section 2 of the Act, no person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police. [430 ILCS 65/2(a)(1)]
1) Pursuant to Section 12 of the Act, if an Illinois resident without a FOID Card inherits a firearm or firearm ammunition upon the death of the owner, the provisions of the Act and this Part shall not apply to the person until 60 days after the passing or transfer of the firearm or ammunition. [430 ILCS 65/12]
2) Except as provided in subsection (e) of Section 24-1.9 of the Criminal Code of 2012 and beginning on January 1, 2024, any person, who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall apply for a FOID Card within 60 days after moving to Illinois. [720 ILCS 5/24-1.9(d)]
3) If a FOID Card application is denied, then upon receipt of the denial notice, any person who possesses an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device and applied for a FOID Card upon inheriting or moving to Illinois shall either surrender the items to a law enforcement agency while seeking relief from such denial or transfer the items to a person authorized to purchase and possess the 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].
A) If the owner surrenders possession to a law enforcement agency and intends to appeal the denial 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.
i) If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which the items were surrendered.
ii) 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.
iii) If the appeal has not been exhausted within 180 days of the denial, suspension, or revocation, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.
B) Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card denial or 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.
b) Electronic Endorsement Affidavit Requirement. Any person, other than individuals exempt by Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)], in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, including but not limited to individuals under age 21, must electronically file an endorsement affidavit through the online FOID/FCCL system beginning October 1, 2023, but shall be completed no later than January 1, 2024.
1) Any person who moves into Illinois in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall complete the endorsement affidavit within 60 days after moving to Illinois. [720 ILCS 5/24-1.9(d)]
A) A person who has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments is only required to submit an endorsement affidavit for the assault weapon or .50 caliber rifle.
B) If a person has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments and subsequently removes items that separately constitute assault weapon attachments and retains possession, the person shall submit an updated endorsement affidavit.
C) Bolt, lever, or pump action firearms are not subject to the endorsement affidavit provisions of PICA even if as manufactured the firearm has features that if removed would constitute assault weapon attachments; however, if items that constitute assault weapon attachments are removed from a bolt, lever, or pump action firearm, the person in possession shall submit an endorsement affidavit for the specified assault weapon attachments upon removal regardless of when they were purchased lawfully as a part of the firearm.
2) Electronic Endorsement Affidavit Exemptions.
A) The electronic endorsement affidavit requirements of this Section do not apply to:
i) Peace officers;
ii) Qualified law enforcement officers and retirees;
iii) the acquisition and possession by a federal, State, or local law enforcement agency for the purpose of equipping that agency's peace officers; and
iv) Wardens, superintendents, and keepers of correctional institutions for the detention of persons accused or convicted of an offense. (See 720 ILCS 5/24-1.9(e)(1-4)).
v) Clubs, organizations, business, or companies, including but not limited to Federal Firearms Licensees doing business as a sole proprietor, partnership, corporation, or limited liability corporation, that own items subject to the endorsement affidavit provisions of PICA.
• If the leadership of such club, organization, business, or company changes but the ownership of the items does not change, no action is required on behalf of the club, organization, business, or company. However, if ownership transfers, the transfer must be consistent with PICA.
• Members or owners of clubs, organizations, businesses, or companies, including but not limited to Federal Firearms Licensees, must comply with the endorsement affidavit provisions of PICA for their personal possessions unless the person is eligible for another exemption.
B) Persons who are exempt from the endorsement affidavit provisions pursuant to this subparagraph are required to file an electronic endorsement affidavit should the circumstances giving rise to the exemption change.
3) Exemptions for Official Duties.
A) The following persons are not required to complete an electronic endorsement affidavit to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge while the person is performing official duties:
i) Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;
ii) Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; and
iii) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, who are also exempt while traveling to or from their places of duty.
B) Assault weapons used by persons exempt under Section 1230.15 (b)(3)(A) in the performance of their official duties, transported to and from their official duties, secured at home or their place of business, or possessed for the purposes of attending training approved by a licensed Illinois private detective agency or security contractor agency or the military, including travel to and from such training, shall be exempt from the endorsement affidavit provisions, so long as the person possesses a valid firearm control card, where applicable, and valid firearm owner's identification card, for the duration of their employment. Any person no longer employed by such an agency or not having an active firearm control card, where applicable, shall file an electronic endorsement affidavit prior to separation from the employment giving rise to the exemption.
4) Other Exemptions.
A) The following persons are not required to complete an electronic endorsement affidavit under the following circumstances:
i) Olympic target shooting competitors and coaches in possession of any firearm sanctioned by the International Olympic Committee and by USA Shooting;
ii) Nonresidents who are transporting an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge to any other place where the nonresident may lawfully possess and carry that weapon;
iii) Persons in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at an event at the World Shooting and Recreational Complex at Sparta;
iv) Persons in possession of a weapon set forth in Appendix B, if the possession is only for hunting use expressly permitted under the Wildlife Code [520 ILCS 5]; and
v) Persons in possession of blank-firing assault weapons if the possession is only for props for a motion picture, television or video production or entertainment event. (See 720 ILCS 5/24 1.9(e)(7)(C)(v)).
B) However, these persons must have completed an electronic endorsement affidavit if their possession of these items extends beyond the circumstances outlined in subsection (b)(4)(A). For example, if a person owns an assault weapon and hunts with it, their possession extends beyond hunting use; or if a person owns an assault weapon and takes it to an event at the World Shooting and Recreational Complex at Sparta, their possession extends beyond possession at the World Shooting and Recreational Complex at Sparta. As a result, the persons in the above examples would be required to complete an electronic endorsement affidavit. If a person does not own an assault weapon but rather rents or borrows one from a neighbor for hunting or a teammate for a shooting event and immediately returns it upon the conclusion of the purpose, their possession does not extend beyond the permitted circumstances and that person would not be required to complete an electronic endorsement affidavit.
5) Nothing in this Section shall be construed to make lawful the acquisition, transportation, or possession of firearms or firearm ammunition which is otherwise prohibited by law, for example the FOID Act [430 ILCS 65] and the Wildlife Code [520 ILCS 5].
c) Electronic Endorsement Affidavit Contents. The endorsement affidavit shall include:
1) The affiant's Firearm Owner's Identification Card number when available;
2) An affirmation that the affiant:
A) possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before January 10, 2023; or
B) inherited such items from a person with an endorsement under Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9] or from a person authorized under Section 24-1.9(e)(1) through (5) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)(1)-(5)] to possess such items; or
C) moved into Illinois after January 10, 2023 with such items; or
D) is filing an endorsement affidavit voluntarily (See subsection (e));
3) The make, model, caliber, and serial number of each assault weapon or .50 caliber rifle;
4) A warning printed in bold type that states: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act." [720 ILCS 5/24-1.9(d)]; and
5) An affirmation that the endorsement affidavit is signed under oath, swearing, affirming, and certifying, that the statements set forth in the endorsement affidavit are true and correct subject to the penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].
d) Electronic Endorsement Affidavit Filing Deadlines. The endorsement affidavit, shall be filed electronically through the online FOID/FCCL system, no later than:
1) January 1, 2024, if the person is an Illinois resident who possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, prior to January 10, 2023; or
2) 60 days after moving to Illinois, if the person was an out-of-state resident who moved into Illinois after January 10, 2023, and possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prior to moving to Illinois.
e) Electronic Endorsement Affidavit Voluntary Compliance. Any person in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, who is exempt from the endorsement affidavit requirements of Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)] may electronically file an endorsement affidavit through the online FOID/FCCL system voluntarily (See subsection (c)(2)(D)) at any time.
f) Penalty. Possession of a firearm without a FOID Card as required by Section 2 of the Act or possession of an assault weapon without having completed an electronic endorsement affidavit as required by Section 24-1.9 of the Criminal Code of 2012, is a Class A misdemeanor or Class 3 or 4 felony depending upon the circumstances of the violation. (See 430 ILCS 65/14 and 720 ILCS 5/24-1(a)(15)).
g) Notwithstanding the requirements of subsection (b), all endorsement affidavit records collected by the Illinois State Police pursuant to this Section shall be retained consistent with the Illinois State Records Act [5 ILCS 160/1.5] but shall be destroyed upon lawful order from an Illinois or federal court with appropriate jurisdiction following the exhaustion of all appeals or receipt of an authorized disposal date from the State Records Commission. See 40 Ill. Adm. Code 4400.
(Source: Section transferred to 20 Ill. Adm. 3500.10 at 47 Ill. Reg. 2474; added at 48 Ill. Reg. 2881, effective February 8, 2024)