Are "air rifles" banned under the AWB?

[Vern in IL]

Illinois law treated "air rifles" like regular guns under its codes until it changed in 2012 when the law was amended. The current Illinois law treats air guns as firearms only if they have a caliber over .18 and/or a muzzle velocity of over 700 feet per second.

[Bubbacs]

Air Rifles are cool to have but I’m not sure people are clamoring to have one as their weapon of choice for home/self defense.  I’d rather focus on what I want to and have the right to have and use in my possession vs the Air Rifle.  I being just a simple man attempting to live a simple life in America would like to address the highest issue/priority with vigor and the lower issues will simply follow suit.

[defaultdotxbe]

Air rifles are specifically exempted from being considered "assault weapons"

[yurimodin]

I hear Nerf guns will be allowed if we ask nicely. 

[Vern in IL]

So a Texas Big Bore Air Force air rifle is legal in .45.   In trapping, many are using air rifles and shooting animal in the eye/brain for immediate kill. Air rifles are quieter.

 

 

 

[John Q Public]

It would require a FOID in Illinois to purchase it. 

[SiliconSorcerer]

So let's clarify...

Correct me if I'm wrong. 

 

You CAN buy a rifle in an adjoining state legally. Do they require a FOID or follow resident state specific laws? 

IDK 

Now a FFL can but will is another question. 

Many many years ago I did buy a rifle in Indiana I believe it's still legal to do so. 

 

[John Q Public]

Wow, never thought about that one, but this seems to apply:

 

.     "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 expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun,

or B-B gun which expels breakable paint balls containing washable marking colors;   Conclusion: Under Illinois FOID law this would be a firearm.

[defaultdotxbe]

Yes certain air rifles are firearms in in Illinois and require FOID (and waiting period) to buy. 

 

However they are not firearms under federal law and thus free from any restrictions if you buy in another state (store policies may vary) 

[John Q Public]

Yes that's true, but you would still be in violation of Illinois state law... An inverse example would be weed. Ya, legal in Illinois, but not federal. 

 

(Direct Illinois) Think about firearms by age or function, where federal law does not consider them firearms........  Under Il State law, and age, they are still firearms. Cliff notes: In Il, if it can fire, regardless of age, it's a firearm. 

 

 

JQ

Edited January 21, 2023 at 01:32 AM by John Q Public

[defaultdotxbe]

On 1/20/2023 at 7:26 PM, John Q Public said:

Yes that's true, but you would still be in violation of Illinois state law... An inverse example would be weed. Ya, legal in Illinois, but not federal. 

 

(Direct Illinois) Think about firearms by age or function, where federal law does not consider them firearms........  Under Il State law, and age, they are still firearms. Cliff notes: In Il, if it can fire, regardless of age, it's a firearm. 

 

 

JQ

Well yes, if you bring it back into IL and you don't have a FOID you'd be in violation of the law, but I assume we all have FOIDs here, in which case IL can't do anything about what you do in another state (same way an Indiana resident can come here and buy weed and IN can't do anything about it, unless they bring it back to IN)