Pistol braces are not legal to acquire in Illinois, and existing braced pistols are legal to keep only under a narrow grandfather rule. The Protect Illinois Communities Act (PICA) classifies a semiautomatic pistol fitted with a buffer tube, arm brace, or similar part designed to let the gun fire from the shoulder as an assault weapon.1Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.9 – Manufacture, Possession, Delivery, Sale, and Purchase of Assault Weapons The federal ATF brace rule was vacated in 2025, but that change does nothing in Illinois. State law stands on its own, and possessing, buying, or selling a braced pistol here still carries real criminal exposure.
What PICA Prohibits
PICA defines “assault weapon” to include a semiautomatic pistol that accepts a detachable magazine and has a “buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.”1Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.9 – Manufacture, Possession, Delivery, Sale, and Purchase of Assault Weapons That language captures most commercially available pistol braces.
The statute also bans “assault weapon attachments,” meaning any device designed to convert a firearm into one of the listed assault weapons.1Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.9 – Manufacture, Possession, Delivery, Sale, and Purchase of Assault Weapons A standalone brace sitting in a box can qualify as a prohibited attachment if it is designed to be mounted on a pistol in a way the statute describes. Manufacturing, selling, delivering, and purchasing these items are all prohibited. PICA took effect immediately when signed on January 10, 2023.
The Federal Rule Change Does Not Help You
The ATF’s 2023 rule reclassifying many braced pistols as short-barreled rifles was vacated in federal court, and the Department of Justice dismissed its appeal on July 17, 2025, making the vacatur permanent. At the federal level, a braced pistol no longer needs to be registered under the National Firearms Act, and no federal tax stamp is required.
That is a federal result. Illinois’s assault weapon definition is a separate state criminal statute that was never dependent on the ATF rule. A braced pistol that is legal under federal law today is still an assault weapon under Illinois law.
The Only Legal Path: The Endorsement Affidavit
If you lawfully possessed a braced pistol or a pistol brace before January 10, 2023, you may keep it only if you filed an endorsement affidavit through your Firearm Owner’s Identification (FOID) account with the Illinois State Police.2Illinois State Police. Protect Illinois Communities Act – Regulation on Assault Weapons The statutory deadline was January 1, 2024.
The affidavit requires your FOID number, an affirmation that you possessed the item before the effective date, and the make, model, caliber, and serial number of each regulated firearm.3Illinois General Assembly. Section 1230.15 FOID Card and Assault Weapon Electronic Endorsement It is signed under oath, and false information can be charged as perjury.
The FOID portal still accepts late submissions, and the Illinois State Police has said there are no separate fines specifically for filing late.2Illinois State Police. Protect Illinois Communities Act – Regulation on Assault Weapons But possessing a regulated item without a filed affidavit is itself a violation, and prosecutors could treat a late submission as insufficient for the period before it was filed. Filing late is better than not filing. It does not retroactively make earlier possession lawful.
There is no path to acquire a new braced pistol in Illinois through this process. The affidavit grandfathers items you already owned. It does not authorize future purchases.
Where You Can Keep and Transport a Grandfathered Braced Pistol
Even with a valid endorsement, PICA sharply limits where the firearm can be. You may possess it:
- On your own private property, or property you immediately control
- On someone else’s private property that is not open to the public, with the owner’s permission
- At a licensed firearms dealer or gunsmith for lawful repair
- At a licensed firing range or sport shooting competition
While traveling to or from any of those locations, the firearm must be unloaded and enclosed in a case, carrying box, or other container.4Illinois General Assembly. Illinois Public Act 102-1116 – Protect Illinois Communities Act A grandfathered braced pistol cannot be carried loaded in a vehicle, and it cannot be taken anywhere outside those categories.
Penalties
A first offense for possessing an assault weapon or assault weapon attachment without the required endorsement is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.5Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-55 – Class A Misdemeanors; Sentence
A second or subsequent possession offense is a Class 3 felony, carrying two to five years in prison and a fine of up to $25,000.6Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-40 – Class 3 Felonies; Sentence Manufacturing, selling, or delivering a prohibited assault weapon or attachment is also a Class 3 felony, with the same sentencing range, on the first offense.1Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.9 – Manufacture, Possession, Delivery, Sale, and Purchase of Assault Weapons Transferring a braced pistol to a friend or buyer is a felony from the start.
Who Is Exempt
PICA exempts several categories of people who may possess assault weapons and attachments without an endorsement affidavit:1Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.9 – Manufacture, Possession, Delivery, Sale, and Purchase of Assault Weapons
- Peace officers as defined under Illinois law
- Qualified active and retired law enforcement officers recognized under the federal Law Enforcement Officers Safety Act
- Law enforcement agencies equipping their officers
- Corrections personnel at prisons and jails
- Active-duty military and reserve members performing official duties or traveling to and from duty
- Armed security at nuclear facilities regulated by the Nuclear Regulatory Commission
- Licensed private security contractors with a valid firearm control card while performing official duties
Will the Courts Strike PICA Down?
PICA has been challenged in both state and federal court. In August 2023, the Illinois Supreme Court upheld the law against claims that it violated the Illinois Constitution. In November 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed denials of preliminary injunctions, finding challengers had not shown the ban was likely unconstitutional. Litigation continues, but as of early 2026, PICA remains fully enforceable. A future ruling could change things. Possessing a prohibited braced pistol in the meantime, on the hope that a court will later agree with the challengers, puts felony-level consequences on that bet.