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Moving (back) to IL, and have a trust


rott

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OK, it looks like I will be moving back to IL, after living in free states the last couple of years. I have questions regarding SBR's and silencers.

 

I know I cannot have silencers in IL, and I cannot have an SBR owned by a "gun" trust in IL.

 

When I move, I will obviously need to change the address of my trust to my new, permanent (IL) address. However, I do have trustees identified in my trust that are in "free" states.

 

I THINK, I can just let them hold onto the articles in question forever, without any legal issues. This, of course, assumes I do the 5320.20 and state that it is a permanent move to the trustee's location. Then, even though the address on my trust is IL, I will not have any prohibited items in IL, and everything should be good....correct?

 

Thanks!

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I understand your comment and agree...I've done fairly significant research, and have had conversations with well informed/respected people in the industry...just not people from IL directly.

 

I will verify additionally, but wanted other input from people here just as a "quick check".

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What property or items that you own in another state is no concern to Illinois as long as you do not bring it into the state. It has no jurisdiction in other states. Before we got concealed carry, Illinois could not arrest you for having a CCW in Florida and carrying there or other recognizing states. If you are part owner of a business legal in another state, but not legal in Illinois, Illinois cannot charge you will a violation here.

There is pending legislation in the Illinois legislature to allow possession of short barreled rifles and shotguns. It is locked in committee now.

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You can (at least I thought you could) have an SBR in IL, but only if you have a C&R, and only if it is registered to an individual, and not a trust.

 

I just don't want to go through the paperwork and pay another $200 to take it from the trust to me personally....I set up a trust for a reason, and to protect my family. I hate to just lose that...

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What property or items that you own in another state is no concern to Illinois as long as you do not bring it into the state. It has no jurisdiction in other states. Before we got concealed carry, Illinois could not arrest you for having a CCW in Florida and carrying there or other recognizing states. If you are part owner of a business legal in another state, but not legal in Illinois, Illinois cannot charge you will a violation here.

There is pending legislation in the Illinois legislature to allow possession of short barreled rifles and shotguns. It is locked in committee now.

Do you know which bill this is?

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HB3994

 

“Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that the unlawful use of weapons violation prohibiting a person from selling, manufacturing, purchasing, possessing, or carrying a rifle having one or more barrels less than 16 inches in length does not apply to a rifle with a barrel or barrels less than 16 inches in length if the overall length of the weapon as modified is less than 26 inches and the person selling, manufacturing, purchasing, or possessing such a rifle has been issued a Dealer in Firearms Other Than Destructive Devices license or a Manufacturer of Firearms Other Than Destructive Devices license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately”.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3994&GAID=13&DocTypeID=HB&LegId=90211&SessionID=88&GA=99

 

As you may know, the Illinois Legislature is a summer session now for the primary purpose of ironing out a budget. Non-budget legislation will probably not be considered until the regular fall session.

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HB3994

 

“Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that the unlawful use of weapons violation prohibiting a person from selling, manufacturing, purchasing, possessing, or carrying a rifle having one or more barrels less than 16 inches in length does not apply to a rifle with a barrel or barrels less than 16 inches in length if the overall length of the weapon as modified is less than 26 inches and the person selling, manufacturing, purchasing, or possessing such a rifle has been issued a Dealer in Firearms Other Than Destructive Devices license or a Manufacturer of Firearms Other Than Destructive Devices license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately”.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3994&GAID=13&DocTypeID=HB&LegId=90211&SessionID=88&GA=99

 

As you may know, the Illinois Legislature is a summer session now for the primary purpose of ironing out a budget. Non-budget legislation will probably not be considered until the regular fall session.

 

Not sure I understand the purpose as the majority of people won't get their FFL01 or FFL06.

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HB3994 has not passed. Both the state federal governments have laws and regulations on short barreled rifles and shotguns. So one could be in violation of both state and federal laws, or state and not federal, or federal and not state.

 

Until HB3994 or a similar bill passes, I would not bring such a weapon into the state without consulting a lawyer.

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You can (at least I thought you could) have an SBR in IL, but only if you have a C&R, and only if it is registered to an individual, and not a trust.

 

I just don't want to go through the paperwork and pay another $200 to take it from the trust to me personally....I set up a trust for a reason, and to protect my family. I hate to just lose that...

 

That's correct.

 

 

 

HB3994

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that the unlawful use of weapons violation prohibiting a person from selling, manufacturing, purchasing, possessing, or carrying a rifle having one or more barrels less than 16 inches in length does not apply to a rifle with a barrel or barrels less than 16 inches in length if the overall length of the weapon as modified is less than 26 inches and the person selling, manufacturing, purchasing, or possessing such a rifle has been issued a Dealer in Firearms Other Than Destructive Devices license or a Manufacturer of Firearms Other Than Destructive Devices license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3994&GAID=13&DocTypeID=HB&LegId=90211&SessionID=88&GA=99

 

As you may know, the Illinois Legislature is a summer session now for the primary purpose of ironing out a budget. Non-budget legislation will probably not be considered until the regular fall session.

Not sure I understand the purpose as the majority of people won't get their FFL01 or FFL06.

 

 

HB3994 changes the way SBRs are measured under Illinois law. Existing statute addresses only barrel, but not overall length.

 

The bill also addresses the types of FFLs that can sell SBRs.

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