On January 10, 2023, Illinois became the 14th state to pass legislation to strongly restrict commerce and possession of large capacity magazines (referred to as “large capacity ammunition feeding devices” under Illinois’ law).1
The law generally defines a “large capacity ammunition feeding device” as a magazine (or other similar device) that has a capacity of, or that can be readily restored to accept, more than 10 rounds of ammunition for long guns (including rifles and shotguns) or more than 15 rounds of ammunition for handguns.2) A magazine or similar device is not subject to this definition if it has been made permanently inoperable.3
Subject to narrow exceptions,4 this law made it immediately unlawful to knowingly manufacture, deliver, sell, or purchase a large capacity ammunition feeding device, or to cause another person to manufacture, deliver, sell, or purchase a large capacity ammunition feeding device.5
The law also generally makes it unlawful to knowingly possess a large capacity ammunition feeding device in the state beginning April 10, 2023 (90 days after the law took effect).6 However, this restriction includes an exception for people to remain in continued possession after April 10, 2023, of large capacity ammunition feeding devices they legally obtained and possessed before Illinois’ restrictions on these devices was passed into law, if they comply with a set of limitations on public use and carry.7 These limitations generally require people to possess large capacity ammunition feeding devices only on their own private property, or with the express permission of another person to carry on private property that is not open to the public, or in certain other designated locations such as a licensed firing range, or while traveling to or from these permissible locations if the device is kept unloaded and enclosed in a case or container during transport.8
Additionally, Illinois’ law general banning commerce and possession of assault weapons (passed as part of the same comprehensive legislation as the state’s large capacity magazine restrictions) also classifies certain firearms as assault weapons if they are equipped with fixed large capacity ammunition feeding devices, including a semiautomatic rifle with a fixed magazine that has the capacity to accept more than 10 rounds, a semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds, or a semiautomatic shotgun that has a fixed magazine with the capacity of more than 5 rounds.9 As discussed on the Illinois Assault Weapons page, the state’s law strongly restricts commerce and possession of these and other weapons classified as assault weapons and requires people who wish to remain in lawful possession of assault weapons they obtained before the law went into effect to submit an electronic affidavit form with specified information about the weapon to the Illinois State Police by October 1, 2023.
MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
Contact- See 2021 IL HB 5471 (enacted Jan. 10, 2023); 720 ILCS 5/24-1.10.[↩]
- 720 ILCS 5/24-1.10(a). This term also includes any combination of parts from which such a device can be assembled, although does not apply to certain tubular devices that only accept .22 caliber rimfire ammunition or a tubular magazine contained in a lever-action firearm.[↩]
- Id.[↩]
- See 720 ILCS 5/24-1.10(e), (f) for exemptions.[↩]
- 720 ILCS 5/24-1.10(b).[↩]
- 720 ILCS 5/24-1.10(c).[↩]
- See 720 ILCS 5/24-1.10(d).[↩]
- Id.[↩]
- See 720 ILCS 5/24-1.9(a)(1).[↩]