Are assault rifles legal in Illinois 2024?

Are Assault Rifles Legal in Illinois 2024?

Illinois is one of the states in the United States that has a complex legal landscape when it comes to firearms, particularly assault rifles. In recent years, there have been ongoing debates and controversies surrounding the legality of these weapons in the state. In this article, we will provide an in-depth analysis of the current laws and regulations regarding assault rifles in Illinois, as well as the prospects for the future.

What are Assault Rifles?

Before we dive into the legality of assault rifles in Illinois, it’s essential to understand what these weapons are. Assault rifles are a type of semi-automatic rifle that is designed to look like a fully automatic weapon, but fires only one round with each trigger pull. They typically have certain features that make them appear more menacing or aggressive, such as:

• Pistol grips: These allow the shooter to hold the rifle like a handgun, making it more compact and easier to handle.
• Folding or collapsible stocks: These allow the shooter to adjust the length of the rifle to fit their needs.
• Flash suppressors or muzzle brakes: These reduce the visible flash of the muzzle and help to reduce recoil.
• Bayonet lugs: These allow the shooter to attach a bayonet to the rifle.

Is the Illinois Constitution Pro-Assault Rifle?

One of the key arguments in favor of allowing assault rifles in Illinois is that the state’s constitution guarantees the right to bear arms. Article I, Section 22 of the Illinois Constitution states: "A person has the right to keep and bear arms for the defense of himself, or the State, as the case may be."

Pro-Second Amendment groups argue that this provision protects the right to own and carry assault rifles, as well as other firearms. However, opponents of assault rifles argue that this provision does not explicitly mention the right to own fully automatic weapons, and that the Second Amendment is a federal provision that only applies to the federal government, not state governments.

State Law: The Illinois Firearm Owner’s Identification Card Act

In 2003, the Illinois General Assembly passed the Firearm Owner’s Identification Card Act, which requires all firearm owners in the state to register with the Illinois State Police and obtain a Firearm Owner’s Identification (FOID) card. Assault rifles are exempt from this requirement, but all other firearms, including semi-automatic rifles, must be registered with the state.

The Assault Weapons Ban

In 2013, the Illinois General Assembly passed a ban on assault weapons, which went into effect in July 2014. The ban defined assault weapons as any firearm that meets certain criteria, including:

• The firearm has a folding or collapsible stock
• The firearm has a flash suppressor or muzzle brake
• The firearm has a pistol grip

The ban also prohibited the sale, transfer, and possession of these weapons, with some exceptions for law enforcement and military personnel.

Current Legal Status of Assault Rifles in Illinois

In 2020, the Illinois Supreme Court struck down the state’s assault weapons ban, ruling that it was unconstitutional. The court held that the ban was too broad and infringed on the right to bear arms, as guaranteed by the Illinois Constitution.

Since then, assault rifles have been legal to purchase and own in Illinois, but with certain restrictions. For example, the sale of assault rifles to minors (those under 21) is prohibited, and all firearms sales must be conducted through a licensed firearms dealer.

Conclusion

In conclusion, assault rifles are currently legal in Illinois, but with certain restrictions. While the Illinois Constitution guarantees the right to bear arms, the state’s laws and regulations surrounding firearms are complex and constantly evolving. Pro-Second Amendment groups continue to push for greater freedom to own and carry assault rifles, while opponents of these weapons argue that they are too dangerous and pose a threat to public safety.

Table: Summary of Illinois Assault Rifle Laws

Note: This article is intended to provide general information and should not be considered legal advice. It is recommended that individuals consult with a licensed attorney or firearms expert to understand the specific laws and regulations regarding assault rifles in Illinois.