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Gamma762
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Posted: 8/11/2012 2:03:11 AM
[Last Edit: 9/28/2012 12:10:40 AM by Gamma762]
http://ilga.gov/legislation/BillStatus.asp?GAID=11&GA=97&DocNum=4901&DocTypeID=HB&SessionID=84&LegID=64780&SpecSess=&Session=


8/10/2012 House Governor Approved
8/10/2012 House Public Act . . . . . . . . . 97-0936


Cliff note: SBRs will be legal on Jan 1, 2013, so long as the possessor has a C&R FFL (and complies with applicable federal procedures for making/transferring an NFA firearm).

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if:
(A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives;

or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
This is...a clue - Pat_Rogers
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Stopper
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Posted: 8/11/2012 8:16:06 AM
So all you need is a c&r, and you can now own sbr's in IL?
Not possible. Can't be that easy.
freema22
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Posted: 8/11/2012 8:55:54 AM
Originally Posted By Stopper:
So all you need is a c&r, and you can now own sbr's in IL?
Not possible. Can't be that easy.


And be a member of a re-enacting group. I wonder how many "re-enacting groups" will be created in IL over the next few months.
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FileForge
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Posted: 8/11/2012 8:57:51 AM
[Last Edit: 8/11/2012 9:03:53 AM by FileForge]
I don't read it that way...the fix places the "OR" between the options now making it read "A" OR "B". sounds to me, all you need is a C&R.

I've got my Form1 ready to go...we'll see what happens.

DC
SilverLamp
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Posted: 8/11/2012 9:41:12 AM
FileForge is right. The "or" means everything here. This is good news
NightHawkIX
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Posted: 8/11/2012 9:55:26 AM
in the C&R/SBR bill adopted a few months ago, wasn't it a comma before the pivotal OR rather than a semicolon?
"Freedom is the freedom to say two plus two make four. If that is granted, all else follows." -George Orwell
El_Pharmaceutico
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Posted: 8/11/2012 10:05:09 AM
So C&R and tax stamp (form 1 is it?)

What do you put for question 10c on the C&R app?


C. Are you in possession of a valid hunting license or permit lawfully issued in the United States?
1. If you answered "NO," you likely cannot lawfully possess a firearm and therefore cannot be a federal firearms licensee.
2. If you answered "YES," complete the following information, and attach a copy of the hunting license or permit to the application.
Stopper
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Posted: 8/11/2012 10:15:15 AM
Originally Posted By FileForge:
I don't read it that way...the fix places the "OR" between the options now making it read "A" OR "B". sounds to me, all you need is a C&R.

DC


That is the way I read it, and I cannot believe the current governor would remotely consider signing it.
If that is the case, I'll be filling out some paperwork ASAP.
SilverLamp
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Posted: 8/11/2012 10:18:05 AM
[Last Edit: 8/11/2012 12:33:00 PM by SilverLamp]
Originally Posted By El_Pharmaceutico:
So C&R and tax stamp (form 1 is it?)

What do you put for question 10c on the C&R app?


C. Are you in possession of a valid hunting license or permit lawfully issued in the United States?
1. If you answered "NO," you likely cannot lawfully possess a firearm and therefore cannot be a federal firearms licensee.
2. If you answered "YES," complete the following information, and attach a copy of the hunting license or permit to the application.


Answer "YES," write your FOID number down, and make a copy of your FOID card to include with the application.

Edited. Only non-immigrant aliens must complete 10(A)-10(C).
bssrf4
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Posted: 8/11/2012 10:57:57 AM
As I read it this section:

"and the overall length of the weapon as modified is not less than 26 inches."

only pertains to the re-enactors (part B) section. Right?
SilverLamp
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Posted: 8/11/2012 11:18:47 AM
Originally Posted By bssrf4:
As I read it this section:

"and the overall length of the weapon as modified is not less than 26 inches."

only pertains to the re-enactors (part B) section. Right?


Correct, because (A) and (B) are completely independent clauses. That is, they exist independently of each other and can be read isolated.
bssrf4
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Posted: 8/11/2012 11:45:41 AM
It does seem impossible that its this easy...but the reading is clear.

All one needs is a C&R license (plus federal requirements) to own an SBR in Illinois. Unbelievable.
heavyduty
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Posted: 8/11/2012 12:01:08 PM
I really hope this is the case!

Will the Feds issue a stamp for a SBR when the owner is not lawfully entitled to own one in their state? That may be the acid test.
bssrf4
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Posted: 8/11/2012 12:03:42 PM
Originally Posted By El_Pharmaceutico:
So C&R and tax stamp (form 1 is it?)

What do you put for question 10c on the C&R app?


C. Are you in possession of a valid hunting license or permit lawfully issued in the United States?
1. If you answered "NO," you likely cannot lawfully possess a firearm and therefore cannot be a federal firearms licensee.
2. If you answered "YES," complete the following information, and attach a copy of the hunting license or permit to the application.


Wait, doesn't Section 10 only apply to nonimmigrant aliens? So, no need for us native born folks to complete Section 10, right?

moosehead
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Posted: 8/11/2012 12:04:19 PM
So, does the sbr need to qualify as a curio & relic, or is any sbr now ok with a c&r license?
bssrf4
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Posted: 8/11/2012 12:16:16 PM
Originally Posted By moosehead:
So, does the sbr need to qualify as a curio & relic, or is any sbr now ok with a c&r license?


My guess is that the bill's intent was for the sbr to qualify as a C&R, but the way its written does not make it a requirement that the firearms qualify as a C&R.



SilverLamp
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Posted: 8/11/2012 12:31:25 PM
Originally Posted By bssrf4:
Originally Posted By El_Pharmaceutico:
So C&R and tax stamp (form 1 is it?)

What do you put for question 10c on the C&R app?


C. Are you in possession of a valid hunting license or permit lawfully issued in the United States?
1. If you answered "NO," you likely cannot lawfully possess a firearm and therefore cannot be a federal firearms licensee.
2. If you answered "YES," complete the following information, and attach a copy of the hunting license or permit to the application.


Wait, doesn't Section 10 only apply to nonimmigrant aliens? So, no need for us native born folks to complete Section 10, right?



I think you're completely right. I'm going back to edit my other response. We do have to fill out Form 5330.20 Certification of Compliance though.
bssrf4
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Posted: 8/11/2012 12:35:26 PM
Originally Posted By SilverLamp:
Originally Posted By bssrf4:
Originally Posted By El_Pharmaceutico:
So C&R and tax stamp (form 1 is it?)

What do you put for question 10c on the C&R app?


C. Are you in possession of a valid hunting license or permit lawfully issued in the United States?
1. If you answered "NO," you likely cannot lawfully possess a firearm and therefore cannot be a federal firearms licensee.
2. If you answered "YES," complete the following information, and attach a copy of the hunting license or permit to the application.


Wait, doesn't Section 10 only apply to nonimmigrant aliens? So, no need for us native born folks to complete Section 10, right?



I think you're completely right. I'm going back to edit my other response. We do have to fill out Form 5330.20 Certification of Compliance though.


I agree.
SilverLamp
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Posted: 8/11/2012 12:38:20 PM
Originally Posted By bssrf4:
Originally Posted By moosehead:
So, does the sbr need to qualify as a curio & relic, or is any sbr now ok with a c&r license?


My guess is that the bill's intent was for the sbr to qualify as a C&R, but the way its written does not make it a requirement that the firearms qualify as a C&R.





That was my question too. I read it the same way bssrf4 did as well. The statute says nothing about the rifle actually having to be a C&R. It merely states that a person who possesses a C&R license may legally possess an SBR.
hotrod_sxty8
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Posted: 8/11/2012 2:18:23 PM
tag!!!
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"MRAP (Mine Resistant Ambush Possum)"
LJ "RAAARR!"
Marksman14
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Posted: 8/11/2012 3:12:13 PM
Ok so if this comes to be the case, what are the steps one needs to go through to obtain a C&R, and register a lower?
SilverLamp
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Posted: 8/11/2012 3:36:05 PM
Originally Posted By Marksman14:
Ok so if this comes to be the case, what are the steps one needs to go through to obtain a C&R, and register a lower?


For the C&R: Fill out Form 5310.16 (Application for License (FFL) Collector of Curios and Relics) and Form 5330.20 (Certification of Compliance). ATF C&R forms.

To get your $200 tax stamp so your SBR is legal: Fill out Form 5320.1 ("Form 1").
bssrf4
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Posted: 8/11/2012 4:21:36 PM
It looks as if Question 13 on Form 1 will be the test.

Your CLEO sign his name below this statement:

"I have no information indicating that the maker will use the firearm or device described on this application for other than lawful purposes. I have no information that Possession of the Firearm described in Item 4 on the Front of this Form would place the maker in Violation of State or Local Law."

At least you'll find out if you have an issue prior to sending in your $200. I guess we'll need to bring a copy of the statute and our newly issued C&R licenses with us and be prepared to explain the ins and outs of the new statute. Hopefully no lawsuits will be required to force CLEO compliance.




Dawg180
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Posted: 8/11/2012 4:31:49 PM


No

Freakin

Way



I am in shock...the wording sure reads as the intent is C&R + federal paperwork = SBR OK!
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FileForge
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Posted: 8/11/2012 4:35:10 PM
I'll be talking with my CLEO hopefully on Monday. I'm small town downstate, but this will be a good starting point to open the discussion. I'll keep you all posted on how it goes. I CANNOT believe the blackout pistol is finally going to get SBR'd!

DC
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Posted: 8/11/2012 4:39:38 PM





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