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9/22/2017 12:11:25 AM
Posted: 8/12/2005 2:22:01 PM EDT
like SBR's?
this topic says so but I wanted to confirm it with the IL crew. Thanks
Link Posted: 8/12/2005 2:49:03 PM EDT
No SBR in Illinois despite federal license, unless you want to spend time in the pen:

720 ILCS 5/24-1

(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
[SNIP SNIP]

(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or
carries:

(i) a machine gun, [SNIP]

(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or


[SNIP]
(b) Sentence. [SNIP] a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony.

(Source: P.A. 90‑686, eff. 1‑1‑99; 91‑673, eff. 12‑22‑99; 91‑690, eff. 4‑13‑00.)


Link Posted: 8/12/2005 2:50:10 PM EDT

Originally Posted By silascobb:
No SBR in Illinois despite federal license, unless you want to spend time in the pen:

720 ILCS 5/24-1

(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
[SNIP SNIP]

(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or
carries:

(i) a machine gun, [SNIP]

(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or


[SNIP]
(b) Sentence. [SNIP] a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony.

(Source: P.A. 90‑686, eff. 1‑1‑99; 91‑673, eff. 12‑22‑99; 91‑690, eff. 4‑13‑00.)




"federal license" as in FFL? or the paperwork from the ATF mentioned in the linked thread?
Link Posted: 8/12/2005 3:32:57 PM EDT
I live in Illinois.
I used to have a class III license.
I used to own machine guns.
Link Posted: 8/12/2005 5:23:59 PM EDT
IL law outlaws general public possession. LE Agencies & .mil are allowed to own them. Manufacturers and legitimate distributors to LE Agencies/.mil are also allowed to possess them, for purposes of conducting their business with the LE Agencies or .mil.

Why? Because it's Illinois and there are too many weak-minded or corrupt politicians
Link Posted: 8/12/2005 8:11:58 PM EDT

Originally Posted By silascobb:
No SBR in Illinois despite federal license, unless you want to spend time in the pen:

(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)

(7) Sells, manufactures, purchases, possesses or
carries:

(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, IF such a weapon as modified has an overall length of less than 26 inches; or





Doesn't the IF make it legal if the overall length is greater than 26 inches? If the BATF approves it, why would it be illegal? Overall length (OAL) is measured with the collapsible or folding stock extended.

I should try this (SBR) to see if I can do it.
Link Posted: 8/12/2005 9:07:25 PM EDT
[Last Edit: 8/12/2005 9:14:38 PM EDT by WIZZO_ARAKM14]
I don't know.

I just measured my M4gery.

26" comes right to the rear edge of the front hand guard cap.

That would mean 10.25", 11.5", and 14.5" barrels would all be over 26" with the stock open.

WIZZO

EDIT: and to my best eye-balling, I think the shortest barrel that would be over 26" with the stock closed would be 11.5". I think it would be over by about .5"
Link Posted: 8/12/2005 11:12:01 PM EDT

Originally Posted By ThunderStick:

Originally Posted By silascobb:
No SBR in Illinois despite federal license, unless you want to spend time in the pen:

(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)

(7) Sells, manufactures, purchases, possesses or
carries:

(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, IF such a weapon as modified has an overall length of less than 26 inches; or





Doesn't the IF make it legal if the overall length is greater than 26 inches? If the BATF approves it, why would it be illegal? Overall length (OAL) is measured with the collapsible or folding stock extended.

I should try this (SBR) to see if I can do it.



Overall length is measured with collapsible stock at minimum length, unless it's pinned at max length.

Regardless of how long/short your stock is, if you barrel is less than 16" you need a Federal tax stamp for it.

Link Posted: 8/15/2005 11:07:59 AM EDT
How about AOW's?
Link Posted: 8/15/2005 1:52:21 PM EDT
Any other weapons, are good to go
Link Posted: 8/15/2005 6:59:21 PM EDT
WOuld a 10inch barreled rifle from a manufacturer be a SBR or a AOW......Whats the difference?
Link Posted: 8/16/2005 7:16:16 AM EDT
[Last Edit: 8/16/2005 7:25:16 AM EDT by drobs]
I'm not even sure what an AOW is but I think thought they were ok. I think registered Deadly Destructive Devices (USAS 12ga) are legal too. I seen a few of those at gun shows.

Looks like AOW's are pen guns, breifcase guns, knife guns, and small shotguns like this:

www.impactguns.com/store/SER-SS12.html

I immagine that the shorty shotgun would be illegal under that definition above.
Link Posted: 8/16/2005 8:07:47 AM EDT
Sorry. SBR's are not AOW.
Link Posted: 8/16/2005 2:50:32 PM EDT

Originally Posted By racecar:
Sorry. SBR's are not AOW.



I think a foregrip on a pistol makes an AOW. Might have to pay the tax and get a foregrip for my Glock 17. Just for the hell of it.
Link Posted: 8/16/2005 3:37:40 PM EDT
A shotgun with a barrel less than 18 inches and without a stock is considered an AOW under NFA because of the smooth bore. As soon as you put a stock on it, it becomes an SBS (short-barreled shotgun). AOW's have a $5 transfer tax and SBS/SBR have a $200 transfer tax.

Having said all of that, the portion of the ILCS that deals with shotguns with barrels less than 18 inches reads different than the Federal statutes and would probably cover AOW's that fired shotgun calibers. Just my .02 cents. Somebody else may have different experience. I know there's an attorney that frequents subguns.com under the handle "Panzerfaust" who's in IL and claims to have several AOW's. You might want to throw up a post on the NFA discussion board there.

Link Posted: 8/20/2005 10:21:00 PM EDT
[Last Edit: 8/20/2005 10:39:50 PM EDT by ThunderStick]

Originally Posted By npd233:

Overall length is measured with collapsible stock at minimum length, unless it's pinned at max length.




WRONG That is certainly not true according to the BATFE. I'm not sure about Illinois though.

www.atf.gov/pub/fire-explo_pub/part179.pdf CFR Part 179 Sub-Part B - Definitions

179.11

"the overall length of a weapon made from a shotgun or rifle is the distance between the EXTREME ends of the weapon measured along a line parallel to the center line of the bore."

UZIs, some underfolder AKs, and folding M1A1s have Overall Lengths of LESS THAN 26" with the folding stocks closed.

The uzitalk.com FAQ also addresses this issue. A few states measure overall length with the stock folded.

And yes, I know I need permission for a barrel less than 16 inches--I'm just talking about overall length. I'm also wondering if anyone has an SBR in Illinois--because of that "IF" in the state regs.
Link Posted: 8/21/2005 10:55:34 AM EDT

Originally Posted By ThunderStick:
I'm also wondering if anyone has an SBR in Illinois--because of that "IF" in the state regs.



If they do, it ain't legal.

Take a moment to re-read the statute silascobb posted above

NO rifles w/ barrels less than 16"
- OR -
NO shotguns w/ barrels less than 18"
- OR -
any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches;

If it's a rifle or shotgun, it's covered by one of the first two parts of the law. If it's not, and is some type of weapon made by using parts from a rifle. (A gatling gun I once saw that was made from Ruger 10/22 receivers/barrels comes to mind)
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