House Once Again Passes Illinois Assault Weapons Ban, Sending Bill to Pritzker's Desk

The bill, originally drafted by Rep. Bob Morgan of Highland Park as HB5855, underwent several changes during its time in the House and the Senate. Here's a breakdown of some of what's in the current bill

For NBC 5 Chicago

January 10, 2022

A bill banning assault weapons in Illinois has once again passed the House and now heads to Gov. J.B. Pritzker's desk for a final signature before becoming a new gun law in Illinois.

The House, which received a modified version of the bill after it passed the Senate Monday, passed the new measure by a 68-41vote Tuesday, the final day of the legislative session.

Pritzker said in a statement shortly after the passage that he plans to sign it "immediately, so we can stop the sale of these deadly weapons as soon as possible."

“For a long time now, I and many other leaders in the Illinois General Assembly have prioritized getting the most dangerous weapons off our state’s streets. Today, honoring the commitment we made, we passed one of the strongest assault weapons bans in the nation, one I will be proud to sign," his statement read. "No Illinoisan, no matter their zip code, should have to go through life fearing their loved one could be the next in an ever-growing list of victims of mass shootings. However, for too long people have lived in fear of being gunned down in schools, while worshipping, at celebrations or in their own front yards. This legislation will stop the spread of assault weapons, high-capacity magazines, and switches and make our state a safer place for all."

My deepest thanks to Speaker Welch and Senate President Harmon for championing this historic legislation, and to Representative Morgan for his leadership on this issue.”

Monday, four days after the House initially passed the "Protect Illinois Communities Act," the Illinois Senate passed its own version of the bill, which makes it illegal to deliver, sell or purchase any assault weapons in Illinois. The measure then returned to the House for yet another vote.

The Senate's version of the legislation originally made several significant changes to the House version, which led House Speaker Emmanuel "Chris" Welch over the weekend to call the changes "watered down." Illinois Gov. J.B. Pritzker also criticized the changes, saying "We need a bill that meets the urgency of now, and the current version in the Senate falls short."

However, after negotiations Monday, many of those changes were rolled back, with the Senate voting to pass the bill by a 34-20 margin.

Here's what the current version of the bill says, and what happens next.

What Illinois' Current, Proposed Assault Weapons Ban Legislation Says

The bill, originally drafted by Rep. Bob Morgan of Highland Park as HB5855, underwent several changes during its time in the House and the Senate. Here's a breakdown of some of what's in the current bill:

• Bans the delivery, sale or purchase of any assault weapon in the sate of Illinois

• Allows the Illinois State Police to add guns to the list of banned assault weapons over time

• Limits the number of high capacity magazines 10 rounds for long guns and 15 rounds for handguns

• Extends "Red Flag" restraining orders from six months to one year

The legislation also includes language that would ban rapid fire devices and expedite the start of universal background checks.

Those who currently own such guns would not be required to surrender them but would have to register them with the Illinois State Police — including serial numbers, a provision initially removed by the Senate but restored after House proponents’ objections.

According to a report from the Chicago Sun-Times, safeguards are in place to make sure hunters aren't impacted. Private security contractors would also be offered exemptions.

The legislation maintains the age to get a Firearm Owner Identification Card at 18 years old

What Happens Next

The bill, which originated in the House, now heads to Pritzker's desk to be signed into law.

The governor has previously indicated he would sign it.

According to officials, a law would take effect on Jan. 1, 2024.

Currently, seven states and Washington D.C. have laws that ban assault weapons.

If and when the bill is signed by Pritzker, conservative groups as well as the Illinois State Rifle Association indicated that they will file suit to prevent its implementation, arguing that it violates the Constitution's second and fourth amendments.

"Should the bill pass the Senate and be signed into law, the ISRA will work with other groups and concerned citizens across the state who put their personal safety first and will advocate for repeal in the next session of the Illinois General Assembly as well as consider litigation on what many believe is a constitutionally flawed bill," the ISRA said in a release last week.

"A comprehensive bill targeting the weapon but not the individual who is committing a crime with them is doomed to failure,” Terry Kreimeier, retired Will County Sheriff Deputy added, in the same release.

“Illinoisans want bills that disarm those who should not have firearms, not those who have trained, have complied with all laws, and are state approved to have them.”