An Illinois gun seller forwarded us this from Pritzker’s private police, the ISP:
From: ISP.IllinoisFFL <ISP.IllinoisFFL@illinois.gov>
Date: Fri, Dec 29, 2023 at 1:04 PM
Subject: FW: PICA questions and Gun transfers
To: FFL Holders
The purpose of this email is to clarify any confusion that exists surrounding the topic of accepting transfers of restricted firearms from private citizens.
Clarify any confusion? Yep. Makes it crystal clear, just like dropping a hand grenade into a small post clears the water right up!
As documented in PICA and JCAR, on January 1, 2024, citizens will be allowed to transfer PICA regulated firearms to FFLs, provided they have obtained a proper endorsement affidavit. As the FFL, you are not required to confirm the PICA regulated firearm has been endorsed. You will not have access to any database that will allow you to confirm an endorsement. The responsibility of obtaining the endorsement affidavit lies with the owner of the restricted firearm.
Lord help you if we catch you with an unregistered PICA-banned item added to your books after January 1 though!
Additionally, JCAR (Section 1230.65) states: d) If transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is required, transfer shall be made to: 10) An FFL for export to another state.
For clarification, you are not allowed to receive these PICA regulated firearms/items for the purpose of building and maintaining an inventory. These PICA regulated firearms/items must be exported out of state unless you have an exempt customer who is ready and willing to purchase the item.
Well, it’s not exactly like guns are crypto where there are hundreds, if not thousands of prospective buyers holding our their bids. But then again, the purpose of this law is to ban these guns, not facilitate their transfer out of the state.
Question 59, on the Illinois State Police website, under the PICA FAQs states:
- Q) As an FFL, can I maintain an inventory of regulated items for sale?
- A) Yes, an FFL can “maintain” their inventory of assault weapons they had as of January 10, 2023, and can sell to exempt customers. Please refer to section 720 ILCS 5/24-1.9 and 1.10
This question deals specifically with inventory that an FFL had at the time PICA was passed, January 10th, 2023. An FFL may order a specific PICA regulated firearm/item to sell to a specific exempt buyer, but is prohibited from acquiring PICA regulated firearms/items and maintaining an inventory beyond what was possessed prior to January 10th, 2023.
Do a quick search of PICA for the word “inventory” and get back to me. Ditto for rule-making. SPOILER: I’m told it isn’t there.
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Take your confidentiality notice and carefully deposit it where the sun doesn’t shine very often.