smg in illinois

[piranha45]

Is it legal to purchase and possess a full auto smg in illinois? What is the availability and price range of an smg such as a daewoo, HK MP5, uzi, mac10? Any comments you have to share on the weapons would be appreciated.

 

[Sweden]

um, NO



http://www.mp5.net/info/sbsconr.htm

 

[SharpsDressedMan]

I'm thinking that if you were a federal Class III dealer, the state could not stop you from having machineguns.

 

[Sam1911]

Unfortunately, IL does not allow it's citizens to purchase any NFA regulated "Title II" firearms, except "Any Other Weapons."

Yes, the states can prohibit civilian ownership of such things, even though it is legal on the federal level.

As to whether you could become a SOT Class 3 FFL, I don't know. But becoming a dealer seems to be outside of the scope of the OP's question.

-Sam

 

[Gunfighter123]

No --- not in Illinois

 

[piranha45]

thanks for the information.

Could you purchase an smg in a neighboring state (indiana) and only use it there? Assuming it is broken down in an unusable state while in Illinois.

 

[General Geoff]

Assuming it is broken down in an unusable state while in Illinois.

I don't think Illinois cares whether it's readily operable or not, it's still illegal.

On top of that, most NFA regulated weapons (machine guns included, silencers are exempt) require you to notify the BATF before transporting it across state lines for any reason. It'd get mighty tedious to have to fill out paperwork and send it into the BATF a few months ahead of time whenever you schedule a range trip to shoot your new $5000+ toy...

 

[Gunfighter123]

Assuming it is broken down in an unusable state while in Illinois.

No -- I don't think so ---- even "broke down" it is STILL a SMG !!!!

 

[kscharlie]

I lived in Illinois for over 30 years and have only been gone for 5. While living there, I was friends with a Class III dealer who had multiple machine guns. I also knew two civilians who had legal machine guns, one of them a Thompson. I always thought a Thompson was considered a SMG. So unless something has changed in the past 5 years, it is legal to own a SMG in Illinois.

I do not have the statutes to support my statements, but only what I know to be fact.

 

[Sam1911]

kscharlie, I was curious so I looked up the NRA-ILA page on Illinois.

They say:

It is unlawful to sell, manufacture, purchase, possess or carry any weapon
from which more than one shot may be discharged by a single function of the
trigger, including the frame or receiver of any such weapon.
It is unlawful to sell, manufacture, purchase, possess or carry any
combination of parts designed or intended for use in converting any weapon
into a machine gun, or any combination or parts from which a machine gun
can be assembled.
There is an exception to the above prohibition, providing for the
manufacture, transportation, and sale of machine guns to law enforcement
and military personnel for official purposes, provided such weapons are
“broken down in a non-functioning state or not immediately accessible.”
This prohibition does not apply to persons licensed to manufacture
machine guns or ammunition under federal law and who are actually engaged
in the business of manufacturing such weapons or ammunition, but only with
respect to activities which are in the lawful scope of such business, such as the
manufacture, transportation or testing of such weapons or ammunition.

Note that there IS an exception for dealers. There is NOT an exception for civilian purposes. I have no idea what the situation was for the two civilians you knew, but private ownership of automatic weapons is illegal in IL.

-Sam

 

[nulfisin]

I do NOT advise challenging the law on this. However, a state law cannot preempt a federal right or law unless the federal law extends that authority to the state. Yes, I've studied this in various contexts.

To repeat: I do not advise making yourself a "test case." Obey the law, wretched though it may be.

 

[SharpsDressedMan]

A simple call to the federal BATFE office in IL near you would get you a very fast answer. Many people who want to own and shoot machineguns do so under the pre-emptive classification of being a Class III weapon dealer. These dealers are licensed by the federal government to engage in the buying and selling of machineguns, and the business that they do is not restricted to the state....they can buy, sell, and transport weapons to other states. Call BATF and ask them; don't take my word for it. OR find some Class III dealers in your area, and talk to them.

 

[General Geoff]

However, a state law cannot preempt a federal right or law unless the federal law extends that authority to the state.

State and/or local law can always be stricter than federal law.

 

[freakshow10mm]

Local ATF offices cannot answer NFA questions. Call the NFA Branch. That's their job.

 

[martialartsblackbelt]

Move to Oklahoma, all you have to do is have your chief of police or sheriff sign off and approve your ownership, for full auto or silenced

 

[kscharlie]

Sam, thanks for the update and for setting me straight. One thing I have learned is that you are never too old to learn. I got to thinking about this and the one guy must have had a Class III license, though he did not have a gun shop. Just don't know. The other person who had the Thompson, which I observed him shooting at full auto, was the Chief of a university police department. Being a law enforcement chief, he would be allowed a full auto weapon. I had forgotten he was in LE. Still don't know about the other guy.

 

[nulfisin]

No, state and federal law can't "always be stricter than federal law." Of course, some federal statutes ALLOW the states to be stricter. And there are no federal laws covering a variety of misdeeds (including murder, in almost all cases). But, when a federal law speaks to an issue, no state can constrict the federal law unless the Congress clearly intends that result.

I digress. Be safe and obey the law of whatever state you live in.

 

[Gary G23]

I used to live in IL. I used to own machine guns in IL. The ONLY way you can do so is to be a Class III dealer. Keep in mind that it costs $500 a year just for the tax stamp.

 

[Gunfighter123]

If I remember right --- there WAS a "grandfather" clause in Illinois ---- a FFL guy . J. Curtis Earl {sp?} did have full auto firearms on display at IL. gunshows in the late 1980s -BUT , from what I know ---unless you are a LE , you can not have full auto

 

[Art Eatman]

Pretty much answered, looks like...