Air guns?

[USArmyRet]

What does the Illinois law say about air guns/bb/pellet guns?

[Uncle Harley]

over a certain FPS they are considered firearms. ( somewhere in the 700fps range I think) I picked one up rated @ 1200 fps on the cheap because the previous owner got convicted of a felony and the courts made him get rid of all weapons including his air rifle.

[Uncle Harley]

here you go in the FAQ. BB guns are exempt unless the are over .18 cal and shoot over 700 fps

 

http://www.isp.state.il.us/foid/firearmsfaq.cfm

[bob]

What does the Illinois law say about air guns/bb/pellet guns?

 

 

(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;

 

It appears as written only BB guns in .177 caliber and < 700 FPS are exempt.

 

Having said that, IIRC, the way it is enforced is a little different. IIRC, they consider both BB and pellet guns to be exempt if they are .177 caliber OR < 700 FPS.

[GlockShooter]

What does the Illinois law say about air guns/bb/pellet guns?

Are you asking a specific question, or just want the law recited?

 

The last pellet gun I bought has a muzzle velocity of 1,000 FPS, so I did have to use my FOID to buy it. Below 700 FPS, you don't, the way the law is written.

[USArmyRet]

Thankyou............

[Uncle Harley]

What does the Illinois law say about air guns/bb/pellet guns?

 

 

(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;

 

It appears as written only BB guns < .177 caliber and < 700 FPS are exempt.

 

 

The court ruling on the guy I purchases the Gamo viper from may have been some kind of conditional deal for probation, because he was court ordered to get rid of it Due to the felony charge and nature of his crime, however it was.177 cal so it should have been exempt even though it was well over the 700 fps mark.

[bob]

What does the Illinois law say about air guns/bb/pellet guns?

 

 

(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;

 

It appears as written only BB guns < .177 caliber and < 700 FPS are exempt.

 

 

The court ruling on the guy I purchases the Gamo viper from may have been some kind of conditional deal for probation, because he was court ordered to get rid of it Due to the felony charge and nature of his crime, however it was.177 cal so it should have been exempt even though it was well over the 700 fps mark.

 

Read carefully what the law actually says. It says to be exempt it has to be a BB gun, < .18 caliber, AND < 700 FPS. But as I said, it does not appear to be enforced that way.

[GlockShooter]

Check your local laws as well. Even though I can purchase and possess my evil black pellet gun, local ordinances prohibit the discharge of anything that fires a projectile. I can't legally fire a slingshot without breaking the law here.

 

YMMV.

[Uncle Harley]

What does the Illinois law say about air guns/bb/pellet guns?

 

 

(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;

 

It appears as written only BB guns < .177 caliber and < 700 FPS are exempt.

 

 

The court ruling on the guy I purchases the Gamo viper from may have been some kind of conditional deal for probation, because he was court ordered to get rid of it Due to the felony charge and nature of his crime, however it was.177 cal so it should have been exempt even though it was well over the 700 fps mark.

 

Read carefully what the law actually says. It says to be exempt it has to be a BB gun, < .18 caliber, AND < 700 FPS. But as I said, it does not appear to be enforced that way.

 

 

See I read the word AND and take that as they are exempt unless they exceed BOTH factors. Otherwise they would have used OR like they do with paint balls. So for example a paintball is over .17 and possibly could achieve greater that 700 fps but because they put the word OR in there they also are exempt no matter what FPS or Caliber. Kinda the same deal back when you could first hunt with pistol during the gun season it said, you may carry a shotgun, muzzleloader, and/or Pistol. Any because the word and was there people could carry their shotgun with a 357 sidearm and be perfectly legal.

[Uncle Harley]

no projectiles at all? LOL

 

 

does that include a bic pen. If you pull the rear cap off and the ink cartridge out shove a spit wad down into the tube re-insert cap and rapidly insert the ink cartridge, it will clear a room easy and you very well could put an eye out.

[howie]

no projectiles at all? LOL

 

 

does that include a bic pen. If you pull the rear cap off and the ink cartridge out shove a spit wad down into the tube re-insert cap and rapidly insert the ink cartridge, it will clear a room easy and you very well could put an eye out.

Only if you can fire that spitball 700 fps+.

[Uncle Harley]

no projectiles at all? LOL

 

 

does that include a bic pen. If you pull the rear cap off and the ink cartridge out shove a spit wad down into the tube re-insert cap and rapidly insert the ink cartridge, it will clear a room easy and you very well could put an eye out.

Only if you can fire that spitball 700 fps+.

 

 

lol that was a reply to Glock Shooter. I tried to quote him but accidently quoted the wrong paragraph so I edited it out and didn't know how to re quote the correct one.

[BobbyT]

See I read the word AND and take that as they are exempt unless they exceed BOTH factors. Otherwise they would have used OR like they do with paint balls. So for example a paintball is over .17 and possibly could achieve greater that 700 fps but because they put the word OR in there they also are exempt no matter what FPS or Caliber. Kinda the same deal back when you could first hunt with pistol during the gun season it said, you may carry a shotgun, muzzleloader, and/or Pistol. Any because the word and was there people could carry their shotgun with a 357 sidearm and be perfectly legal.

 

Here it is with excess wording removed, spaced to show parallel sentence structure.

 

(430 ILCS 65/1.1)

"Firearm" means any device...excluding...any 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;

 

So if you don't have (<.18" + <700 fps), you aren't excluded. Asinine that BB and paintball guns have any mention by this backwards failure of a state, but the wording makes basically every BB rifle a "firearm". The dinky spring ones that can't puncture a coke can are basically all they excluded.

[GlockShooter]

According to village ordinance, your Bic pen would be in violation. Whether that is enforced is another issue.

[defaultdotxbe]

See I read the word AND and take that as they are exempt unless they exceed BOTH factors. Otherwise they would have used OR like they do with paint balls. So for example a paintball is over .17 and possibly could achieve greater that 700 fps but because they put the word OR in there they also are exempt no matter what FPS or Caliber. Kinda the same deal back when you could first hunt with pistol during the gun season it said, you may carry a shotgun, muzzleloader, and/or Pistol. Any because the word and was there people could carry their shotgun with a 357 sidearm and be perfectly legal.

its because of the negative wording

 

a single globular projectile NOT exceeding .18 inch in diameter AND which has a maximum muzzle velocity of LESS THAN 700 feet per second

 

so an air gun must both "not exceed" .18in AND be "less than" 700fps

 

 

 

does that include a bic pen. If you pull the rear cap off and the ink cartridge out shove a spit wad down into the tube re-insert cap and rapidly insert the ink cartridge, it will clear a room easy and you very well could put an eye out.

no, the BiC is exempt

 

"Firearm" means any device, by whatever name known, which is designed to expel a projectile

a pen is not "designed to expel a projectile"

 

now removing the cap and ink might be illegal, as you are making modifications "designed to expel a projectile"

 

 

i would say use a straw, its also not designed to expel a projectile and requires no modifications to do it, but make sure you have a fountain drink with you so you can show good cause for possessing and carrying your straw

[jobes]

I picked this Air Soft gun up a few weeks ago. Great practice for room clearing.

 

http://www.pyramydai...ft-pistol.shtml

 

Walther P99 airsoft pistol

Uses 12-gram CO2 cartridge

15-rd removable mag

Blowback

Double-action only

Hop-up system built-in

Front Weaver accessory rail

 

http://cdn.pyramydair.com/images/zoomed/Walther-P99-Co2-Blowback_Walther-2262020_airsoft_zm_2.jpg

[Uncle Harley]

I still say it needs to fail both requirements to be construded as a firearm. If it's a 22 cal air rifle that only shoots 350 fps it is NOT a fire arm. Other wise that airsof pistol listed above that is 6mm would exceed the .18 amd would be considered a firearm. likewise if it shoots over 700 fps but is under .18 then it is not a firearm.

 

Our local Walmart adopted the policy of not selling firearms, 177 cal pellet guns in the 900 fps range still come off their shelves being sold to anyone over 16 every day.

[defaultdotxbe]

I still say it needs to fail both requirements to be construded as a firearm. If it's a 22 cal air rifle that only shoots 350 fps it is NOT a fire arm. Other wise that airsof pistol listed above that is 6mm would exceed the .18 amd would be considered a firearm. likewise if it shoots over 700 fps but is under .18 then it is not a firearm.

if that were the case they wouldnt need the additional exception for paintball guns, since those are only around 300fps

[Uncle Harley]

I still say it needs to fail both requirements to be construded as a firearm. If it's a 22 cal air rifle that only shoots 350 fps it is NOT a fire arm. Other wise that airsof pistol listed above that is 6mm would exceed the .18 amd would be considered a firearm. likewise if it shoots over 700 fps but is under .18 then it is not a firearm.

if that were the case they wouldnt need the additional exception for paintball guns, since those are only around 300fps

 

 

 

They TYPICALLY only shoot around 300. Granted you and I both know that even a professional grade paint gun with adjustable speeds would never operate properly at those velocities. But this is the state of IL we are talking about here. If you use the arguement that Anything over .18 OR anything that shoots faster that 700 FPS is considered a firearm. You had better get your 6 yr old a foid card for that Air soft pistol that is 0.2362 Or 6mm. But wait, since it is considered a firearm, that 6 yr old now needs to be 21 to purchase.

 

Considering a childs toy airsoft pistol a firearm makes about as much sence as wiping before you poop, therefor I sill maintain that it must be OVER .18 AND shoot over 700 to be considered a firearm, and I doubt any reasonable judge or jurry would contend otherwise.

[defaultdotxbe]

Considering a childs toy airsoft pistol a firearm makes about as much sence as wiping before you poop, therefor I sill maintain that it must be OVER .18 AND shoot over 700 to be considered a firearm, and I doubt any reasonable judge or jurry would contend otherwise.

but as you say, this is IL we are talking about

 

i agree a conviction would be highly unlikely for an airsoft though

[Uncle Harley]

Considering a childs toy airsoft pistol a firearm makes about as much sence as wiping before you poop, therefor I sill maintain that it must be OVER .18 AND shoot over 700 to be considered a firearm, and I doubt any reasonable judge or jurry would contend otherwise.

but as you say, this is IL we are talking about

 

i agree a conviction would be highly unlikely for an airsoft though

 

highly unlikely? How about next to impossible? Do you honestly thing that every store in IL that sells airsoft requires a FOID to purchase? If it were the case that they were selling illegial guns to kids, it would be blown up all over the news.

[lilguy]

I have a Crossman Mrk series 22 cal co2 pellet gun.The thing is deadly. Would I treat it as if it were a 22 cal rimfire if I sold it? Just a thought taken to an extreme.

[Smittyp83]

What does the Illinois law say about air guns/bb/pellet guns?

 

It says you'll shoot your eye out.

[Drylok]

I bought one for my father in law for Christmas. FOID, 4473, waiting period the whole 9 yrds.

[Uncle Harley]

I bought one for my father in law for Christmas. FOID, 4473, waiting period the whole 9 yrds.

 

 

You bought what? Air soft, 22 cal pellett, 177 cal pellett ? How many foot per second? Just today I had Ten .23 cal airsoft pistols dilevered through mail, that I didn't even have to show ID for.

[lockman]

So paintball is classified as firearms regardless of projectile velocity or size if the paint is not washable?

[RANDY]

Here is what 15 usc 5001 says about air guns

 

 

(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.

[Uncle Harley]

Back to the Orginial posters question. I found more information on the "Air Rifle Act" Not sure exactly what you are looking for.

 

 

 

 

(720 ILCS 535/0.01) (from Ch. 38, par. 82)

Sec. 0.01. Short title. This Act may be cited as the Air Rifle Act.

(Source: P.A. 86‑1324.)

 

(720 ILCS 535/1) (from Ch. 38, par. 82‑1)

Sec. 1. As used in this Act:

(1) "Air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, B‑B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

(2) "Municipalities" include cities, villages, incorporated towns and townships.

(3) "Dealer" means any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air rifle".

(Source: P.A. 86‑349.)

 

(720 ILCS 535/2) (from Ch. 38, par. 82‑2)

Sec. 2. It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 13 years of age.

It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under 13 years of age, or where such person stands in loco parentis to the person under 13 years of age.

(Source: Laws 1965, p. 2977.)

 

(720 ILCS 535/3) (from Ch. 38, par. 82‑3)

Sec. 3. It is unlawful for any person under 13 years of age to carry any air rifle on the public streets, roads, highways or public lands within this State, unless such person under 13 years of age carries such rifle unloaded.

It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.

(Source: Laws 1965, p. 2977.)

 

(720 ILCS 535/4) (from Ch. 38, par. 82‑4)

Sec. 4. Notwithstanding any provision of this Act, it is lawful for any person under 13 years of age to have in his possession any air rifle if it is:

(1) Kept within his house of residence or other private enclosure;

(2) Used by the person under 13 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club team or society under the supervision of a responsible adult; or

(3) Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.

(Source: Laws 1965, p. 2977.)

 

(720 ILCS 535/5) (from Ch. 38, par. 82‑5)

Sec. 5. The provisions of this Act do not prohibit sales of air rifles:

(1) By wholesale dealers or jobbers;

(2) To be shipped out of the State;

(3) To be used at a target range operated in accordance with Section 4 of this Act or by members of the Armed Services of the United States or Veterans' organizations.

(Source: Laws 1965, p. 2977.)

 

(720 ILCS 535/6) (from Ch. 38, par. 82‑6)

Sec. 6.

The State Police or any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this Act.

(Source: P. A. 77‑577.)

 

(720 ILCS 535/7) (from Ch. 38, par. 82‑7)

Sec. 7. Sentence.

Any dealer violating any provision of Section 2 of this Act commits a petty offense.

Any person violating any other provision of this Act commits a petty offense and shall pay a fine not to exceed $50.

(Source: P. A. 77‑2815.)

 

(720 ILCS 535/8) (from Ch. 38, par. 82‑8)

Sec. 8. The provisions of any ordinance enacted by any municipality which impose greater restrictions or limitations in respect to such sale and purchase, use or possession of air rifles as herein defined than are imposed by this Act, are not invalidated nor affected by this Act.

(Source: Laws 1965, p. 2977.)

 

 

Source-http://law.justia.com/codes/illinois/2005/chapter53/1934.html

[USArmyRet]

Bingo!!! This helps also:

 

"It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range"

 

"(720 ILCS 535/6) (from Ch. 38, par. 82‑6)

Sec. 6.

The State Police or any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this Act.

(Source: P. A. 77‑577.)"