Good morning, folks. We’ve been so focused on the federal side of things relating to pistol-support braces that we completely ignored Illinois State law on these critters. This wasn’t an issue while the Bureau of Parties (Alcohol, Tobacco & Firearms) operated under the policy that support-braced firearms are perfectly legal to own. As of June 1, 2023, that all officially changed. With this post, we’ll bring you up to speed on how to remain legal under state law. Our previous posts detail how to remain legal under federal law/BATF rules.
As of now, the BATF views support-braced pistols as “short-barreled rifles” or SBRs for short. Yeah, ain’t life grand. Owners of said firearms were given an opportunity to to register then at no charge with the BATF as such prior to June 1st. If you missed this news for the past four months, you should have been a member and you should have paid attention to your copies of GunNews and the GSL website.
Of course, some folks said, “Nope. Not gonna do it!” And that’s fine. They just have to grapple with the consequences of that decision should they come into contact with LEOs that care about such things.
We like to encourage people to remain legal. Because most of us have too much to lose in terms of professional licenses, jobs, families, reputation and everything else to flippantly ignore the Rule of Law.
Which brings us to Illinois law on short barreled rifles.
The legal analyst in me says that now that the BATF considers braced pistols as “SBRs,” Illinois residents who own such items are now felons unless they have a Curios & Relics FFL. These are $30 and valid for three years. They are easier to apply for and receive than a FOID card and if you apply today, you can have one in three weeks.
Again, for those slow on the uptake, submit your application today and you’ll have your C&R license in about three short weeks.
No doubt there are tens of thousands of Illinois residents who own braced guns who are unaware of this change in federal law and its implications for Illinois owners. If you have people in your circle of friends who have these, please let them know. Without a C&R license, they run afoul of this section of Illinois Code (specifically Section 24-1 (a) (7)(ii) to the tune of a Class 3 felony.
(ii) any rifle having one or more barrels less |
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From Section 24-1(b):
a person convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) commits a Class 3 felony.
Does that get your attention yet?
It should.
How do you insulate yourself from that? Section 24-2(c)(7):
(7) A person possessing a rifle with a barrel or |
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Get your C&R license! Tell your friends with braced guns to do the same, or they risk losing their gun rights for life if convicted of possessing what is now defined as a “short barreled rifle” by the BATF today.
It seems downright foolish to take your changes when a $30 FFL protects you completely from an arrest or conviction while possessing said firearms.
CCW.
Illinois Concealed Carry License allows holders to carry handguns. These “braced pistols” are no longer “pistols” per the BATF and as such can no longer be carried concealed while loaded in public by those with a CCW license.
I think this post misses one important point. Per the IL AW ban, a braced semi auto pistol is, drum roll, a pistol.
Under IL Law, a C&R is only required for an IL defined SBR, which is not necessarily the same as a federally defined SBR, as the 4th Dist IL appellate court has noted.
Thus, under IL law, a braced pistol “SHOULD NOT” require a C&R to be IL legal.
However, under Fed law, to be fed legal, said braced pistol is a rifle, maybe (various injunctions may or may not apply), and if so, must be federally registered, and not just with the 4473 you filled out at the dealer.
My opinion, while I would get the C&R and register the arm brace pistol, if still possible, (various injunctions may or may not apply), I don’t think its technically necessary to have the C&R on an arm brace pistol.
As always, ask your local lawyer with knowledge.
I’ve read this twice and my head is spinning.
I don’t know that this matters to BATF.
Hmm. Okay.
Skeptical here, but okay.
Amen.
You lnow, you’re sharing bad news going into the weekend. There should be a law against that. Appreciate the heads up. Thanks for looking out for us. Hos knows I haven’t gotten anything from ISRA
Even if you have a C&R which is a federal license you still need to register them as SBR’s with the ATF via a Form1?
At this point you can’t. HOWEVER, you can join FPC, SAF or GOA and be protected by a court injunction.
I am in favor of a Constitutional Rights offender registry. Any officer that cites, arrests, charges or even harasses any individual for these pistols or “assault weapons” is doing so for the power trip entertainment of it. In addition to violating their oaths putting them in the impersonation of a police officer status because they should be considered a fake cop at that point, THAT, qualifies them as a sociopath which qualifies them as mentally ill and to be involuntarily committed into a mental institution which then revokes their gun rights under Illinois law. This Constitutional Rights Offender Registry is to be operated just like a sex offender registry – so that that public will be able to identify and protect themselves. So, if said officer doesn’t like these conditions the answer is simple: ignore the pistol brace rule or “assault weapon” law just like they ignore their friends blowing a stop sign. It’s time for people who respect our rights to step up and speak up. Like masks and forced covid shots. We shouldn’t just say we disagree with it, we should be calling for The Nuremberg Trials! If we want to save our rights and country it’s time to step it up!
I’m with you. However I’m pretty sure that proposal would never make it through almost any legislature in the nation.
FYI there are additional considerations when dealing with NFA items. To subsequently transfer the item requires a ATF form 4 and $200.00. The sbr cannot be transferred until new stamp received. Also as a NFA item the sbr cannot be transferred by most FFLs. A SOT in addition to the FFL is required and there are few FFL/SOT in Illinois. The last transfer fee I paid a FFL/SOT was $100.00. So to transfer the braced pistol you registered as a sbr for free will cost the next owner an extra $300.00.
Also meant to mention that many of the braced pistols may not eligible to be registered in Illinois. Under the C&R exemption Illinois statute still requires a minimum 26” overall length. The ATF will not issued a stamp if the weapon is illegal under state statutes.
One of mine comes in right at 26″.