Machine Guns, SBRs, and SBSs in Illinois

Short-barreled rifles and short-barreled shotguns are illegal for most people to possess in Illinois, even when registered under the federal National Firearms Act. Unlawful possession of either is generally a Class 3 felony under 720 ILCS 5/24-1(b), with enhanced penalties in the places specified in subsection (c)(1), and the statutory exemptions are in 720 ILCS 5/24-2.

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 Possession of Weapons statute at 720 ILCS 5/24-1. These restrictions predate PICA and operate independently of federal enforcement guidance, subject to the statutory exemptions in 720 ILCS 5/24-2.^[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. The statute separately prohibits selling, manufacturing, purchasing, possessing, or carrying any combination of parts designed or intended to convert a weapon into a machine gun, or parts from which a machine gun can be assembled if they are in a person's possession or control.^[1]

Possession of a machine gun is a Class 2 felony, punishable by 3 to 7 years in the Illinois Department of Corrections. Possession in the passenger compartment of a vehicle or on the person while the weapon is loaded escalates the offense to a Class X felony under 720 ILCS 5/24-1(b).^[2]

Federal FRT settlement in 2025. On June 9, 2025, the Illinois Attorney General reported that the federal government had signed a settlement agreement promising to stop enforcing federal law prohibiting forced-reset triggers (FRTs) and to redistribute thousands of FRTs previously seized by ATF. Separately, on May 6, 2026, the ATF published a final rule amending 27 CFR 478.11 to formally exclude non-mechanical 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 operates separately from these federal actions. 720 ILCS 5/24-1(a)(7) 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, and Illinois's separate ban on bump stocks and trigger cranks under 720 ILCS 5/24-1(a)(14) remains in full effect. Whether FRTs satisfy the state machine-gun definition depends on the definition in 720 ILCS 5/24-1(a)(7). The Illinois Attorney General states that FRTs remain illegal under Illinois law. 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. Section 720 ILCS 5/24-2(c)(7) exempts possession of a rifle with a barrel under 16 inches by a federal Curios and Relics licensee, or by an active member of a bona fide, nationally recognized military re-enacting group when the modification is required for historical portrayal, the member possesses a valid and current group membership credential, and the modified weapon is at least 26 inches long. No comparable exemption exists for short-barreled shotguns.^[1]

Unlawful possession of an SBR is generally a Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections, with enhanced penalties in the places specified in 720 ILCS 5/24-1(c)(1) and exemptions in 720 ILCS 5/24-2.^[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]

Unlawful possession of an SBS is generally a Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections, with enhanced penalties in the places specified in 720 ILCS 5/24-1(c)(1) and exemptions in 720 ILCS 5/24-2.^[2]

Federal vs. State Law Conflict

ATF's October 9, 2026 guidance says it will not enforce requirements for individuals to obtain NFA approval before making or transferring short-barreled rifles, short-barreled shotguns, silencers, or any other weapons covered by the guidance. It also says ATF will not enforce NFA registration requirements for those items. Machine guns and destructive devices remain subject to all NFA provisions. The guidance does not supersede Illinois restrictions. Read ATF's open letter. Federal NFA registration alone does not exempt possession from Illinois law. Federal compliance does not itself establish Illinois permission. Illinois's separate exemptions include qualifying short-barreled rifle possession under 720 ILCS 5/24-2(c)(7).^[3]

Federal Proposal to Remove the Pistol Brace Criteria

On May 6, 2026, ATF published a proposed rule to remove the rifle-definition criteria added by its 2023 stabilizing-brace rule. ATF published the notice as a proposed rule. Read the proposed rule. In the 2023 rule, ATF estimated that 3 million stabilizing braces and firearms with attached stabilizing braces were in circulation. The proposal would remove the two rifle-definition paragraphs added by the 2023 rule. ATF's separate October 9, 2026 NFA guidance addresses federal approval and registration enforcement for covered items.

A federal proposal does not amend Illinois's separate statutory restrictions. 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. Illinois's short-barreled rifle prohibition must be read together with the exemptions in 720 ILCS 5/24-2, including the conditions in subsection (c)(7).

Exemptions

Narrow exemptions exist for law enforcement officers acting in their official capacity and for members of the armed forces on duty. Section 24-2(c)(4) exempts the manufacture, transportation, or sale of machine guns to persons authorized under Section 24-2(c)(1) through (3), if the machine guns are broken down in a non-functioning state or are not immediately accessible. Section 24-2(c)(7) exempts possession of a rifle with a barrel under 16 inches by a federal Curios and Relics licensee. Its alternative exemption covers an active member of a bona fide, nationally recognized military re-enacting group when the modification is needed for historical portrayal, the member is in possession of a valid and current group membership credential, and the modified weapon is at least 26 inches long.^[1]