A gun conundrum for some
The second major component of the Protect Illinois Communities Act is set to go into effect at the start of the new year, requiring that every resident who owns any of a long list of firearms deemed dangerous by the state register their weapon.
The first component of PICA went into effect when the law was passed Jan. 10 and banned the sale of a tremendous number of assault weapons as well as .50 caliber rifles and ammunition and high-capacity magazines.
Now, those who owned such weapons prior to the act’s passage have just over a week to have them registered through their Firearm Owner’s Identification Card account.
Penalties for violating the PICA vary, with possession of one of the covered weapons resulting in a Class A misdemeanor. Sale, delivery or purchase of such a firearm as well as subsequent possession charges is considered a Class 2 felony.
A list of weapons was printed in last week’s issue of the Republic-Times, and more information on weapons which fall under the ban can be found on the Illinois State Police website.
Those looking to register their firearm can also do so at the ISP site.
After PICA was signed into law – an attempt by Gov. JB Pritzker to prevent mass shootings in the state such as what occurred in Highland Park last year – several lawsuits were filed to contest it, and many law enforcement agencies and sheriffs throughout the state expressed strong disagreement with the act.
Among them was Monroe County Sheriff Neil Rohlfing, who maintains the position he held earlier this year that his Monroe County Sheriff’s Department will not be enforcing the law – save for if covered weapons are used in a crime.
“We will not be presenting any cases of simple possession if that’s the only factor in the case,” Rohlfing said.
Regarding the possibility of sheriffs throughout Illinois refusing to enforce this assault weapon registration, the Republic-Times reached out to an ISP representative for comment.
Sgt. Christopher Watson with ISP’s Public Information Office provided the following statement:
“Law enforcement agencies, including the ISP, are charged with enforcing the Protect Illinois Communities Act throughout the state. ISP will continue to enforce the Firearm Owners Identification Card Act and Article 24 of the Criminal Code of 2012.”
Rohlfing added that such incidents involving assault weapons have rarely happened in Monroe County.
“We really don’t have much contact with residents with these firearms,” Rohlfing said. “When they are using them, they’re gonna be hunting. I would say 90 percent of our arrests are for handguns, and they’re not listed as registered guns unless you have an illegal magazine. It’s rare that we come across anyone doing anything illegal in Monroe County with the majority of these weapons that are listed.”
Monroe County State’s Attorney Ryan Webb also spoke about the assault weapon ban and registration.
Webb offered insight into the legal challenges against the act – in particular an amicus brief filed in the Illinois Supreme Court which died as the court ultimately upheld the law.
However, Webb added that the federal courts could provide a path to repeal the PICA as at least one amicus brief has been filed in the U.S. Supreme Court.
Webb clarified that, as the case still has to go through the appellate process, such action from the court is still a long way off even if they would rule against the act – a matter of months if not more than a year.
“It’s certainly not something that’s going to be accomplished in weeks, months would even be probably a bit of a stretch,” Webb said. “At some point, my obvious hope is that it will get there and the Supreme Court will hold true to their prior findings that bans of this sort are not in keeping with the protections of the Second Amendment.”
Webb further spoke about his legal contention with the PICA as he argues that the substantial number of weapons covered as well as the apparent lack of historical tradition in banning them seems to contradict legal precedent.
“That is, in my view, contrary to what the U.S. Supreme Court has said in its case precedence,” Webb said. “That’s just the way I look at it, because when you get after a whole class of any sort of gun, you’re not specifying, you’re not being specific. The sheer size of the list… in my view, that’s part of why we filed the amicus brief because we believe that that is contrary to what the U.S. Supreme Court has said is an allowable restriction.”
Rohlfing also offered his thoughts regarding the U.S. Supreme Court’s potential action.
“I think there’s a high probability that the Supreme Court will hear it,” Rohlfing said. “I think with the makeup of the Supreme Court, it will probably get overturned. But you’re talking about a year down the road, and between now and then there’s most definitely going to be places up and down the state that will most likely enforce it – especially in the inner-city areas, and there’s a very high probability bad case law is going to come out of it.”
Rohlfing further spoke more generally against the act, suggesting it won’t have the desired impact on deterring gun violence.
“Keep in mind, none of the gangs and drug cartels are going to register their firearms,” Rohlfing said. “This is going to change nothing when it comes to the crime rate.”
Andrew Glessner, owner of John’s Gun Shop in Waterloo, offered more of an individual perspective on the PICA.
Glessner said the act has caused a great deal of confusion for the general public and businesses like his.
As Glessner described, the most common concern he has heard among fellow gunowners is trusting the state with additional information about gun ownership with the possibility that this information could be stolen, citing past FOID data breaches.
In regard to his business, Glessner noted that the bulk of the act’s impact has already been felt with the assault weapon ban going into effect earlier this year.
In particular, he said he saw transfers – individuals acquiring guns purchased online through him for official paperwork – dry up almost overnight.
Law enforcement agencies, including the ISP, are charged with enforcing the Protect Illinois Communities Act throughout the state. ISP will continue to enforce the Firearm Owners Identification Card Act and Article 24 of the Criminal Code of 2012.
Firearms and attachments that require an endorsement affidavit per PICA can be found on the ISP website in the Assault Weapon Identification Guide.
This information is also outlined in the PICA Act.
Additional information can be found on the ISP website. This page contains a video tutorial and FAQ section to assist.