Air guns in Illinois

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sctman800

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I started thinking it would be fun and cheap to shoot an air rifle and found some really good deals off the internet. At least untill I found out it is illegal to ship air guns to Illinois that are rated 700fps or higher or larger than .18 caliber. I can still buy from an Illinois dealer after a 4473 and 24 hour waiting period for a long gun.
Would it be considered a "straw purchase" to have someone from a nearby state order me one? I am guessing it would be legal as far as federal law but illegal in the eyes of Illinois. Another possibility, I live near Indiana and will be in Wisconsin and Minnesota this summer. I am guessing these states probably don't regulate air guns and since I am obvously well over 18 years old would there be any problem buying out of state from a dealer?
I know I can go to an Illinois dealer, do the 4473 get the gun and go home after the 24 hour wait, but I refuse to buy a long gun in Illinois. I can buy legally in Indiana and I also have a C&R and can buy all manner of firearms legally over the internet so I just don't want to give Illinois anything I dont have to.
Any advice would be appreciated and I will do whatever is necessary to stay legal, just looking for some ideas of how to get what I need without legal problems. Jim.
 
700fps or higher or larger than .18 caliber.
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It's not "or", it's "and". That makes a difference. A .177 doesn't matter the velocity. Anything over .18 then the velocity is a factor.
A firearm is classified as the following:
(430 ILCS 65/1.1) "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun or
B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
 
I just checked with one internet dealer and they won't ship to Illinois over 700fps any caliber. Illinois seems to scare off out of state venders, and I can understand that. Why bother risking legal problems with the state of paranoia sometimes called Illinois.
MidwayUSA and Pyramydair won't ship, if anyone knows another Crossman dealer with good pricing who will that would be cool. Jim.
 
Yup, sounds like they're either just scared off, don't know, or don't want to mess with it. There are some who won't ship ammo to IL either altho it's legal for them to do so.
 
I am not real sure that there is anything illegal about shipping such items to an Illinois citizen from outside of Illinois even if they are over .18 caliber and 700 fps. Illinois has no jurisdiction over what someone does outside of the state.

And there is no federal law prohibiting it.

And the law is not something that applies to the buyer, but rather to the seller.

I think the out of state sellers just want to avoid being hassled.
 
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15 USC 5001 (g)(ii) went into effect in May 1989. This part of the US Code preempts states from regulating airguns.

(f) Effective date
This section shall become effective on the date 6 months after
November 5, 1988, and shall apply to toy, look-alike, and imitation
firearms manufactured or entered into commerce after November 5,
1988.
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of
State or local laws or ordinances which provide for markings or
identification inconsistent with provisions of this section
provided that no State shall -
(i) prohibit the sale or manufacture of any look-alike,
nonfiring, collector replica of an antique firearm developed
prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to
minors) of traditional B-B, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
 
15 USC 5001 (g)(ii) went into effect in May 1989. This part of the US Code preempts states from regulating airguns.
Click to expand...
Wow, thank you for posting that I was unaware such a law existed.
 
Why not just get an airgun that is less than 700fps? If you are only going to be plinking and not hunting they a .177 at 500fps or so would be fine.
 
Why not just get an airgun that is less than 700fps? If you are only going to be plinking and not hunting they a .177 at 500fps or so would be fine.
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For IL as long as it's smaller than .18" then it doesn't matter what the velocity. The 700 fps only comes into play when the bore is over .18".
 
The air gun I have been looking at is a Crossman 2100 which is rated a little over 700fps, this looks to be pretty good as far as value and fps. Actually I thought about another Crossman model rated about 650fps untill I realized the model 2100 is the only one with a rifled barrel. Looks like I will just have to look around when I am out of state, it is no big deal and no hurry, just something that looks like cheap fun. Jim.
 
You can buy one locally, you don't have to look out of state.

I've been shooting my airgun in my yard lately to practice my shooting skills. I'd rather get a break barrel airgun that can shoot 1000 fps at least. Do not get a pump one. You will very quickly get annoyed by constantly pumping for every shot.
 
Thanks to all you who have helped, especially with the companies who are not scared away by the State of Illinois. I will be doing business with one of these companies soon, but I don't have any hard feelings toward the companies who won't sell here. When I ride my motorcycle I usually head for Indiana where I am welcomed to "free Americia." I also can't fault the people on vacation who drive around Illinois to avoid our lack of CCW. Jim.
 
isp2605 said:
For IL as long as it's smaller than .18" then it doesn't matter what the velocity. The 700 fps only comes into play when the bore is over .18".
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Hmm, I don't have the law memorized but the last gun shop I was in required a FOID for anything over 700fps regardless of caliber.
 
Hmm, I don't have the law memorized but the last gun shop I was in required a FOID for anything over 700fps regardless of caliber.
Click to expand...
You should read the entire thread and then you won't have to have the law memorized. I posted the IL statute in #2.
 
ISP, how does IL statute reconcile with 15 USC 5001 (g)(ii) as posted above by Pat McCoy? It looks like it's on point (but I haven't done any research on it.)
 
15 USC 5001 (g)(ii) only mentions "traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure. " The operative word is "traditional". No further definition in that statute however if you look at the Congressional record you'll then find what the legislative intent was of the fed statute. IL's statute defines a BB gun which does not conflict with fed statutes. The bore size and velocity is what takes it out of what the feds determined was "traditional BB gun". You'll find that IL's statute has been court tested.
Look at some other states statutes for their definition of firearms and you'll find similar definitions.
 
IL is so FUBAR that no one has any hope of figuring out the BS laws.

According to the State Police, a starter's pistol, which CAN'T FIRE A PROJECTILE is a firearm, requiring a background check and a 72 hour wait.

If anyone can explain to me how they determined that, please let me know.
 
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