Section 1230.15 FOID Card and Assault Weapon Electronic Endorsement Affidavit Requirement

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]

on 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

til 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

lt 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

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

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 possessio

, 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

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

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))

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.