SBR’s and C&R licenses

[BeardswithoutOperators]

Has anyone been successful or known anyone that has been successful in getting the tax stamp for a SBR in Illinois? Did they go down the C&R route?

[Jeffrey]

There is a good thread on this somewhere.  I'll try to find it..

[Benbow]

Yes, its easy.  I am an FFL/SOT and I usually have about 6 or 7 NFA items in the process of being transferred to IL residents, most of which are SBRs to C&R holders.

 

I am also written a book, available on Amazon, "an illinois legal guide to national firearms act reguated firearms".  So far I have a 100% ATF approval rate on NFA transactions, though some were a fight.

 

I can provide details and sources via PM if you like

[Monty80]

I filed 3 form 1s last month and got all 3 approved. When I filled out the form 1, I attached a scan of my FOID and a scan of my C&R. Paid the $200 for each and waited for approval. It's not hard at all.

[pdl099]

Congrats! Only a month for approval? Wow

[Monty80]

On 1/24/2023 at 11:07 PM, pdl099 said:

Congrats! Only a month for approval? Wow

Thanks. You have to love eForms. The MP5 and HK51 were both 26 days and the AR was 27 days.

[Helpdesk9]

On 1/9/2023 at 4:00 PM, Benbow said:

Yes, its easy.  I am an FFL/SOT and I usually have about 6 or 7 NFA items in the process of being transferred to IL residents, most of which are SBRs to C&R holders.

 

I am also written a book, available on Amazon, "an illinois legal guide to national firearms act reguated firearms".  So far I have a 100% ATF approval rate on NFA transactions, though some were a fight.

 

I can provide details and sources via PM if you like

 

 

YES YOU CAN, AN ILLINOIS LEGAL GUIDE TO NATIONAL FIREARMS ACT REGULATED FIREARMS. https://a.co/d/1YXP9Fj

 

 

Is this it?

[Jeffrey]

On 1/24/2023 at 9:43 PM, Monty80 said:

I filed 3 form 1s last month and got all 3 approved. When I filled out the form 1, I attached a scan of my FOID and a scan of my C&R. Paid the $200 for each and waited for approval. It's not hard at all.

MP5 made me pitch a tent

[pdl099]

Too bad SBRs are essentially banned now.😕

[ealcala31]

On 1/9/2023 at 4:00 PM, Benbow said:

Yes, its easy.  I am an FFL/SOT and I usually have about 6 or 7 NFA items in the process of being transferred to IL residents, most of which are SBRs to C&R holders.

 

I am also written a book, available on Amazon, "an illinois legal guide to national firearms act reguated firearms".  So far I have a 100% ATF approval rate on NFA transactions, though some were a fight.

 

I can provide details and sources via PM if you like

Benbow is the real deal. I had him do a Form4 for me and SBR my Zastava ZPAP M92 Pistol, amongst other SBRs...

[ealcala31]

Benbow what is your current take on SBRs currently...

 

 

 

 

 

 

 

[Lou]

It’s amazing to see the difference a few miles can make.  
 

I was in a LGS is Missouri just outside of St Louis 2 weeks ago. 
They had a whole showcase full of suppressors.  I commented on how foreign that was to me being from a communist state and the guy just laughed.  He said just turn around - behind me was a machine that took your prints and did the paperwork for you.  
You just needs to pay for the suppressor, pay your $200 and they would hold it for you until the paperwork cleared.  

 

It emphasizes just how repressed Illinois Is.  

[lilguy]

How does the AWB effect owning SBRs, if at all.

[lilguy]

On 1/24/2023 at 9:43 PM, Monty80 said:

I filed 3 form 1s last month and got all 3 approved. When I filled out the form 1, I attached a scan of my FOID and a scan of my C&R. Paid the $200 for each and waited for approval. It's not hard at all.

You have 3 SBRs in Chicago?

[Monty80]

On 1/26/2023 at 5:48 AM, lilguy said:

You have 3 SBRs in Chicago?

God no. I left Chicago in my rear view mirror in 2021. I guess I never updated my location.

[Benbow]

my reading of the AW ban is that SBRs are exempt, not that this was intended, or even contemplated, but the statute is so poorly written  it appears to be that if the gun is a SBR, and you have a C&R or a reenactor card, it makes the AW ban provision, at least as to guns, a nullity.  Again, not intended, but I think that is the result

[LilJim]

On 1/30/2023 at 7:50 PM, Benbow said:

my reading of the AW ban is that SBRs are exempt, not that this was intended, or even contemplated, but the statute is so poorly written  it appears to be that if the gun is a SBR, and you have a C&R or a reenactor card, it makes the AW ban provision, at least as to guns, a nullity.  Again, not intended, but I think that is the result

How are you reading it that way?

[lilguy]

It would be helpful if we had a firearms law attorney as a member . The rampant speculation and opinion posing as fact doesn’t help anyone. We will need the year allowed to figure out what to do with the registration scheme. Doesn’t appear the ISP was ready for this either.

[mauserme]

On 2/1/2023 at 7:49 AM, lilguy said:

It would be helpful if we had a firearms law attorney as a member . The rampant speculation and opinion posing as fact doesn’t help anyone. We will need the year allowed to figure out what to do with the registration scheme. Doesn’t appear the ISP was ready for this either.

 

We have several members who are attorneys, most of them well versed in firearm law.  They typically avoid establishing an attorney client relationship on the open forum.  And I'm quite sure no one here feels duty bound to figure out what to do with the registration scheme on the state's behalf.  If ISP can't get it done, so be it.

 

[davel501]

It's the opinion of the judge that really matters anyway and no judge worth their salt is going to offer that opinion without hearing the arguments of your case. 

[lilguy]

On 2/1/2023 at 8:05 AM, mauserme said:

 

We have several members who are attorneys, most of them well versed in firearm law.  They typically avoid establishing an attorney client relationship on the open forum.  And I'm quite sure no one here feels duty bound to figure out what to do with the registration scheme on the state's behalf.  If ISP can't get it done, so be it.

 

Interesting, Thanks

[crufflesmuth]

It's very interesting. They define an "assault" weapon as:

 

semi-automatic; center-fire; ability to accept removable magazines; 

 

AND 

 

one cosmetic feature (telescoping stock etc.) or any part (lower or upper receiver)

 

additionally they include any semi-automatic centerfire with an overall length of

less than 30" the interesting thing is there are separate definitions for what

constitutes an SBR - in addition to exemptions

 

 

[Capt_Destro]

Wasn't there a OAL Limit you have to meet? Regarding IL Law, not the Federal. Like I could of swore it had to be atleast 26" or the ATF wasn't approving it.

 

Which means if you want a MP5K, Glock with a Stock, Uzi, Etc you were kinda screwed. Did any of that change?

[Monty80]

On 2/20/2023 at 1:41 PM, Capt_Destro said:

Wasn't there a OAL Limit you have to meet? Regarding IL Law, not the Federal. Like I could of swore it had to be atleast 26" or the ATF wasn't approving it.

 

Which means if you want a MP5K, Glock with a Stock, Uzi, Etc you were kinda screwed. Did any of that change?

Illinois law is still 26". You won't get to 26" with a MP5k but you will get there with a full size MP5 clone. 

[Cerus]

Read the law carefully. The 26” length requirement only applies to reenactors, not those with a C&R. 

[dukemason]

On 4/25/2023 at 10:44 AM, Cerus said:

Read the law carefully. The 26” length requirement only applies to reenactors, not those with a C&R. 

 

So an SBR can be shorter than 26" if you're not a reenactor and you have a C&R?

[Monty80]

 

On 4/25/2023 at 10:44 AM, Cerus said:

Read the law carefully. The 26” length requirement only applies to reenactors, not those with a C&R. 

I was denied by the ATF for coming in under 26 inches with a C&R. YMMV.

[Cerus]

On 4/27/2023 at 9:57 AM, dukemason said:

 

So an SBR can be shorter than 26" if you're not a reenactor and you have a C&R?

I cannot confirm nor deny having a PS90 SBR approved in 28 days with a C&R. 

[dukemason]

On 4/30/2023 at 7:35 PM, Cerus said:

I cannot confirm nor deny having a PS90 SBR approved in 28 days with a C&R. 

 

It would be cool if they did.

[AKS-74U]

I already own many F1 SBRs, so the process isn't new to me, however the AWB, injunction, and stay all have me wondering...

 

One of my freedom week purchases is an SBR waiting to happen. I'm filling out the form 1 and getting fingerprints done in the next week or so.

 

What kind of legal conundrum might I find myself in if ATF approves my stamp here and now. Then January 1st ISP views it as illegal, unregistered, and unregisterable.

 

I don't expect this AWB to stick, but I also don't know that it will be struck down before enforcement starts.

 

I'm willing to be the test case...