With the announcement last week, as near as I can tell, BATF and DOJ will no longer enforce the National Firearms Act of 1934 requirements to register and tax stamp Short Barreled Rifles, Short Barreled Shotguns, Any Other Weapon (AOW) and suppressors. Yet can you now build or possess those items in Illinois?
I have had several people contact me with that question in the last few days. It is confusing hearing about the feds changing regulation requirements, yet it still has to be balanced against state law.
The fed rules tumbled this summer based upon a narrow interpretation of the regulation/tax law. When the Trump administration passed down the message the fed would no longer require $200 for a tax stamp for suppressors, SBRs etc it ended up in court where a logical judge said if this is a tax-based rule, and you no longer have to pay a tax on the items, then the rule is no longer valid.
Following that ruling, Trump told the DOJ to not appeal the ruling. As a result, last week BATF said they would no longer pursue or require tax stamps and registration for these weapons and suppressors. The law is still on the books- they just decided they would not be requiring it to be followed or prosecuting those who don’t follow it. An unusual way to do business- but OK we’ll take it.
This should clear the way nationwide for every state, shouldn’t it? You should be able to build or possess- even in Illinois!
Short Answer*- No you can’t have them. It’s still Illinois. You can’t build, have, purchase or bring them into Illinois.
Illinois has long-standing state laws prohibiting building or possessing those items and states have been allowed by the court to have more stringent control laws- and in particular- restricting firearms. Recent court cases around the nation keep chipping away at restrictive state gun laws, but Illinois continues to stand by their “our laws are smarterer than everybody else’s dumb laws” and “only we are doing it the right way.”
Illinois criminal statutes still make it illegal for civilians to possess or manufacture:
Suppressors — completely banned under 720 ILCS 5/24 1(a)(6). Class 3 felony: 2–5 years prison, up to $25,000 fine.
Short Barreled Rifles (SBRs) — banned for civilians; only allowed for Curio & Relic collectors or historical reenactors under narrow exemptions.
Short Barreled Shotguns (SBSs) — banned for civilians.
Illinois’s bans apply regardless of federal registration status and regardless of ATF enforcement discretion.
Historically- the Chicago based legislators who control Illinois legislation banned all possessions of suppressors because- are you ready for this bit of Zen- because if they were legal, criminals might use them on their guns when they illegally shoot people. Yep. Think of all the lives saved in Chicago because criminals were not allowed to have suppressors screwed on to the end of their gun at the time they murdered people. Boggles the mind, doesn’t it? The short barreled rifle and shotgun stuff? Yeah that was 1930’s era gangster guns. Not real relevant today.
This new BATF announcement benefits 2A rights in every state in the nation- except for citizens of the usual suspects- Illinois, New York, California, Hawaii, Massachusetts, New Jersey, Rhode Island and Delaware. States historically controlled by the Democrats.
Several Pro-gun organizations are pledging to challenge those state laws, but it will take time and money to get courts to listen- one state at a time, the legislators won’t self-correct, so don’t expect Illinois to change any time soon.
*One odd ball item does exist under Illinois state law. Look at that list of Illinois banned items again under the Illinois Criminal Revised Statutes- it says Short Barreled Rifles are “banned for civilians; only allowed for Curio & Relic collectors or historical reenactors under narrow exemptions.” Hunh? I have never found any explanation for this exemption, but Illinois will allow holders of the Federal Curio & Relic license (C&R) to possess SBRs.
Go check out the Federal Firearms type 03 Curio & Relic License, for more info on that easy to obtain real federal license. It only costs $30 for a three-year license, which applies to guns 50 years or older. BATF maintains a list of the covered arms. Anything older than 1976 manufacture should be covered- but not always-because, you know, it’s the government. There is a bit to learn about the covered firearms (consider it your homework) but it is easy to obtain this little-known license.
I have no anecdotal evidence or court cases where the state took a position on a C&R license or license holder in this situation. If you have heard of it being used or challenged by the state please drop a line below.