Illinois - Gun Trust Lawyer Category Archives — NFA Gun Trust Lawyer Blog Published by Florida Gun Trust Attorneys

June 24, 2014

Can a Gun Trust own or Possess an SBR in IL?

As of January 1, 2013 it became legal persons with a C&R license to purchase, transfer, make, possess, and use an SBR in IL.

The Law is poorly written and only indicates that it restricts possession. While it has been clear that a trust could not purchase an SBR in IL, there has been a question about whether an SBR purchased legally in another state by a trust could then be in the possession of a Trustee, authorized by the trust to possess the firearms in the state of IL when that person had their own C&R license.

ATF has recently rejected such a request stating that a trust may not have an SBR in IL. This does not appear to be entirely correct, but until someone is willing to challenge the decision by the ATF it will not be possible to use an ATF 5320.20 to bring an SBR to IL. Here is a copy of a rejected form.

July 1, 2013

Transferring firearms to a Gun Trust without Criminal Sanctions

by David M. Goldman

As more lawyers begin to dabble with Gun Trusts we are seeing many who do not understand firearms and their unique nature which can often involve criminal penalties related to the improper transfer, possession, and use related to firearms or ammunition.

While it is fine to transfer a pair or sox, coins, most personal property to your trust without doing anything other than assigning it, the transfer of restricted items like firearms or ammunition is a different matter. If you can sell a gun to an individual in your state without going through a dealer you should be able to transfer a firearm to your trust without going through dealer. This is the case in most states.

In a few states like California, Colorado, Connecticut, DC, Illinois, Iowa, Maryland, Rhode Island, Massachusetts, Michigan, Nebraska, New Jersey, New York, North Carolina, and Pennsylvania where all personal transfers of some or all firearms must go through a background check, there may be no exception for transferring a firearm to a trust even if it is your own trust. Sure an argument could be made that there is no transfer and as such you should not have to go through a dealer, but why would one take the risk.

February 22, 2013

Huge Win for Gun Rights in Illinois

by David M. Goldman

The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.
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August 20, 2012

Revised: Are SBR’s legal in Illinois?

by David M. Goldman

Starting January 1, 2013 you will be able to purchase, transfer, make, possess, and use a SBR in IL. At first glance it appears to be very limited and only apply those with a valid and active military re-enacting group membership to use them for military re-enacting. But there is an interesting exception, those with a Valid C & R license can also own them.

The Law is poorly written and leaves many questions unanswered. A Gun Trust cannot have a C&R license, but a Trustee of a Gun Trust Can have a C&R license. The question is will ATF allow a Trust to purchase a SBR if all Illinois based Trustee’s (the authorized users) have a C & R License as required under IL law. If not you will still need a CLEO sign off because you can’t have a C&R within a Trust. ATF has stated that a Trust cannot own an SBR in IL (2014).

Also, once you modify a C&R firearm it no longer retains its C&R status, but the Illinois law is different than similar laws in CA because if you have a C&R license, you can buy any SBR not just a C&R SBR.

June 28, 2010

McDonald v Chicago: Supreme Court Reversed and Remanded Case

by David M. Goldman

The Supreme Court has ruled today in an opinion by Judge Alito that the 2nd Amendment applies to the states through the 14th. More to come later. If you want to read the decision it’s posted on the Supreme Court Website – McDonald v. Chicago or from our website McDonald_v_Chicago.pdf

February 9, 2009

Where are Assault Weapons Banned Today

by David M. Goldman

With the recent discussions about the potential federal ban on assault weapons being reinstated, I thought it would be interesting to see which states already have bans on Assault Weapons

California bans “assault weapons”, .50BMG caliber firearms, some .50 caliber ammunition and “unsafe handguns.”

Connecticut Bans “assault weapons” as well as select fire machine guns.

April 28, 2008

Illinois (IL) What NFA Firearms can I own? Updated 2/2009

by David M. Goldman

Illinois NFA Class 3 firearms There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Illinois you can own the following items that are regulated the the National Firearms Act

There does not appear to be a direct prohibition of Any Other Weapon’s (AOW) but some or most AOW’s appear to be banned under additional terms of the Illinois Statutes. In addition, certain C&R firearms appear to be legal. Technically these are not considered to be restricted under the NFA.