Federal Law and Suppressors: The Foundation
Registration
Every suppressor must be registered with the ATF. This registration process involves detailed paperwork, including a Form 4 application, which is submitted to the ATF.
Background Check
Prospective owners must undergo a comprehensive background check conducted by the ATF. This ensures that individuals prohibited from owning firearms, such as convicted felons, are not able to acquire suppressors.
Tax Stamp
A $200 tax must be paid to the ATF for each suppressor. This tax is paid at the time of registration and is a crucial part of the process.
Compliance
Maintaining meticulous records and adhering to all ATF regulations is essential. Failure to comply can result in severe penalties, including hefty fines and even imprisonment.
Illinois State Law: The Current Position
The good news for Illinois gun owners is this: suppressors are legal to own and possess in the state, *provided that you comply with all federal regulations*. This fact is very important, as the laws governing these devices often change. The legality to own suppressors in Illinois is not as simple as buying one at a sporting goods store.
The Illinois Compiled Statutes (ILCS) do not specifically prohibit the ownership or possession of suppressors that are compliant with federal law. There isn’t a specific state statute that bans them outright, which is in contrast to several states which have banned them completely. This means that if you meet the federal requirements and are eligible to own a firearm, you are generally permitted to own a suppressor in Illinois. The state’s primary focus, with regards to these devices, is on ensuring compliance with the federal law.
You must, however, be a legal Illinois resident, with a valid FOID (Firearm Owner’s Identification) card. Having this card is a must for being eligible to even consider a suppressor purchase.
Eligibility and Restrictions: Who Can and Can’t Own a Suppressor
While suppressors are legal in Illinois, not everyone can own one. Eligibility hinges on adherence to both federal and state regulations regarding firearm ownership. It’s crucial that you can legally own a firearm before thinking about this device.
Federal Restrictions
Those prohibited from owning a firearm under federal law (and therefore also ineligible to own a suppressor) include:
- Convicted felons
- Individuals with a history of domestic violence convictions.
- Those under indictment or information for a felony.
- Individuals with a court order restraining them from harassing, stalking, or threatening an intimate partner or child.
- Individuals who are unlawful users of, or are addicted to, any controlled substance.
- Those adjudicated as mentally defective or committed to a mental institution.
Illinois Criteria
Beyond these general restrictions, Illinois has its own criteria, mainly centered around the FOID card. To be eligible, you must:
- Be at least years old
- Not have any felony convictions.
- Not be subject to a restraining order
- Not be addicted to drugs or alcohol.
- Not have a history of violent behavior or mental instability.
While suppressors are legal in Illinois, the state does have some restrictions on firearms in general. You will not be able to own a suppressor if you are otherwise prohibited from owning a firearm. This will include things like being in certain areas, like federal buildings.
It’s also important to be aware of any specific regulations related to the use of suppressors for hunting in Illinois. Always check with the Illinois Department of Natural Resources (IDNR) for current rules on suppressor use during hunting seasons and in specific areas. The law can change, so staying informed is essential.
The Application Process: A Detailed Guide
The process to legally acquire a suppressor in Illinois is thorough, involving both federal and local steps. Here’s a simplified breakdown:
Find a Class Dealer
You cannot simply walk into a store and buy a suppressor. You will need to find a licensed dealer in Illinois with a Class license. Class dealers are licensed by the ATF to deal in NFA items. They handle the paperwork for you and facilitate the transaction. Many gun stores have a Class license; use the ATF website to find these dealers in your area.
Select a Suppressor
Choose the suppressor that meets your needs. Consider the caliber of your firearms, the type of shooting you do (hunting, target practice), and your budget. The dealer can advise you on the best suppressor for your use case.
Complete the ATF Form (or eForm )
The dealer will help you complete ATF Form 4, the application to register the suppressor. This form requires detailed information about you, the suppressor, and the dealer. All the information you provide must be accurate to prevent delays and possible denials. The ATF has started to use eForms which should speed the application process.
Fingerprints and Photo
You will need to provide fingerprints, and either a digital or physical passport-style photo. Your Class dealer will assist you with this.
Background Check
The ATF will conduct a thorough background check on you to ensure you are legally eligible to own a firearm.
Pay the Tax Stamp Fee
You must pay the $200 tax stamp fee. This is paid to the ATF through the dealer, as part of the application process.
Wait for Approval
This is often the most frustrating part of the process. The ATF needs to review and approve your application. Processing times vary, but can often take several months. You have to wait for this approval. The dealer will notify you when your application is approved.
Take Possession
Once your application is approved, and the tax stamp is issued, you can take possession of the suppressor from the dealer. Be sure to carefully follow the dealer’s instructions on how to receive and handle the suppressor.
This process may seem complicated, but if you work with a knowledgeable Class dealer, they will guide you through each step.
Benefits and Uses of Suppressors: Beyond the Hype
Suppressors offer a range of advantages, often misunderstood due to their association with Hollywood depictions.
Hearing Protection
The primary benefit is hearing protection. Suppressors reduce the sound signature of a firearm, minimizing the risk of hearing damage. This is particularly beneficial for shooters of all ages and skill levels.
Reduced Noise Pollution
Suppressors can significantly reduce noise pollution, which is important, especially in areas with populated areas near shooting ranges.
Improved Accuracy
Suppressors can sometimes improve accuracy by reducing muzzle climb and recoil. This is due to the way the gas escapes.
Hunting Applications
Many hunters appreciate the benefits of suppressors, as they help reduce the disturbance to wildlife and the chances of scaring away potential game. They are more common among hunters.
It’s important to dispel the misconception that suppressors make firearms completely silent. While they significantly reduce the sound, firearms are still loud. They also do not always improve accuracy, and this can vary based on the firearm and the model of the suppressor.
Potential Pitfalls and Things to Avoid: A Responsible Approach
Owning a suppressor requires responsible gun ownership and awareness of potential pitfalls.
Non-Compliance with the Law
Failure to comply with both federal and state laws can lead to serious consequences. This includes the revocation of your rights to own firearms, hefty fines, and possible imprisonment.
Unlicensed Sales
Only purchase suppressors from licensed Class dealers. Avoid any “deals” or transactions that seem suspicious, as you risk being involved in an illegal transaction.
Changes in the Law
Stay updated on changes in state and federal gun laws. Laws related to firearms are constantly evolving, and you must remain informed to avoid legal trouble.
Improper Storage
Store your suppressor securely and separate from firearms to prevent unauthorized access.
Disclaimer and Legal Advice
This article provides informational guidance only and is not intended as legal advice. Gun laws are complex and vary by state and the federal government. This information should not be used as a substitute for professional legal counsel. If you have specific questions or concerns regarding suppressor ownership in Illinois, you should consult with a qualified attorney.
It is imperative to consult with a legal professional, and to conduct your own, thorough research. This will help you stay in compliance with Illinois silencer laws.
Conclusion
So, are suppressors illegal in Illinois? The short answer is no, but with a very big caveat. They are legal to own, use, and possess, as long as you fully comply with all federal and state regulations. You must navigate the federal registration process, meet the eligibility requirements, and understand the restrictions. Illinois does not currently have laws that forbid ownership. This makes owning suppressors in Illinois a possibility for those who meet the necessary criteria. Remember that responsible gun ownership, a thorough understanding of the law, and continued vigilance are essential for staying compliant and enjoying the benefits of these devices. Always stay informed on the law and prioritize safety and compliance.
For further information on federal laws, visit the ATF website. For Illinois-specific regulations, refer to the Illinois State Police website or seek advice from a qualified legal professional specializing in firearms law.
