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Machine Guns, SBRs, and SBSs in Illinois

FederalPenalties

Independent of the Protect Illinois Communities Act, Illinois has long-standing prohibitions on machine guns, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs) under the state's Unlawful Use of Weapons statute at 720 ILCS 5/24-1. These restrictions predate PICA and apply regardless of FOID card status, endorsement affidavits, or any other licensing.[1]

Machine Guns

Under 720 ILCS 5/24-1(a)(7), it is unlawful to possess or carry any machine gun. Illinois defines a machine gun as any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manually reloading by a single function of the trigger. The definition also includes the frame or receiver of such a weapon, as well as any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled.[1]

Possession of a machine gun is a Class 2 felony, punishable by 3 to 7 years in the Illinois Department of Corrections.[2]

Federal update (April-May 2026): The ATF reversed its prior administrative classification of forced-reset triggers (FRTs) as machine guns. Under federal law, FRTs are no longer treated as machine guns. Separately, on May 6, 2026, the ATF published a final rule amending 27 CFR 478.11 to formally exclude bump-stock-type devices from the federal "machine gun" definition, codifying the U.S. Supreme Court's 2024 decision in Garland v. Cargill.[4] Illinois law is independent of both changes: 720 ILCS 5/24-1(a)(7) defines a machine gun as any weapon capable of firing more than one shot per single function of the trigger, and Illinois's separate ban on bump stocks and trigger cranks under 720 ILCS 5/24-1.9 remains in full effect. Whether FRTs satisfy the state machine-gun definition is a question of Illinois law unaffected by the federal reclassification. Illinois residents should consult an attorney before acquiring or possessing an FRT or any rapid-fire device.

Short-Barreled Rifles (SBRs)

Under 720 ILCS 5/24-1(a)(7), it is unlawful to possess or carry any rifle having a barrel less than 16 inches in length, or any weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches. Unlike some states that allow SBR possession with a valid federal tax stamp under the National Firearms Act (NFA), Illinois does not recognize federal NFA registration as a defense to state prosecution.[1]

Possession of an SBR is a Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections.[2]

Short-Barreled Shotguns (SBSs)

Under 720 ILCS 5/24-1(a)(7), it is unlawful to possess or carry any shotgun having a barrel less than 18 inches in length, or any weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches. As with SBRs, federal NFA registration does not exempt a person from Illinois's prohibition.[1]

Possession of an SBS is a Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections.[2]

Federal vs. State Law Conflict

Under the federal National Firearms Act (26 U.S.C. Chapter 53), machine guns manufactured before May 19, 1986, may be transferred to civilians who hold a valid NFA tax stamp, and SBRs and SBSs may be manufactured or possessed by civilians with an approved ATF Form 4 or Form 1. However, Illinois law does not provide an exception for NFA-registered items. Possessing an NFA-registered machine gun, SBR, or SBS in Illinois is a violation of state law even if the item is fully compliant with federal requirements.[3]

Federal Law Update: Pistol Brace Rule Rescinded (April 2026)

On April 29, 2026, the DOJ and ATF formally rescinded the 2023 rule that classified pistols equipped with stabilizing braces as short-barreled rifles under the National Firearms Act. Under that rule, approximately 40 million braced pistols had been reclassified as NFA-regulated SBRs. The rescission returns those firearms to pistol classification under federal law, eliminating the NFA registration requirement that the 2023 rule had imposed.

Illinois state law is unaffected by the federal rescission. 720 ILCS 5/24-1(a)(7) prohibits possession of any rifle having a barrel less than 16 inches in length, and a braced pistol configured as a rifle with a short barrel remains an SBR under that state definition regardless of how the ATF classifies it federally. Illinois does not recognize federal NFA registration as a defense to state prosecution. The practical rule for Illinois residents remains unchanged: if a firearm has a rifle-style configuration with a barrel under 16 inches, it is prohibited under state law.

Exemptions

Narrow exemptions exist for law enforcement officers acting in their official capacity and for members of the armed forces on duty. Licensed firearms dealers who possess these items solely for sale or transfer to exempt persons in compliance with federal law may also be exempt under specific conditions. No civilian exemption exists for personal possession.[1]