Prohibited
Ownership Status
Prohibited
Hunting Status
Felony
Possession Penalty
42
States Where Legal

August 5 NFA Ruling

Updated August 21, 2026

A federal court ruled that the government cannot enforce certain NFA registration requirements against the parties covered by that case. It is not a repeal of the NFA, it is not nationwide, and it does not change state law.

Illinois: the ruling changes nothing here. A federal court order limiting ATF enforcement does not create a right to possess an item this state bans.

Read how this may affect you →

Current Law

Illinois bans possession and, on the text, only possession. 720 ILCS 5/24-1(a)(6): “A person commits the offense of unlawful possession of weapons when he knowingly … Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm.”

That single verb is worth noticing. The very next paragraph, (a)(7), covers machine guns and short-barreled rifles with “Sells, manufactures, purchases, possesses or carries.” The drafters had the broader formula one line away and did not use it for silencers.

The Penalty

A Class 3 felony under § 24-1(b), which carries a determinate term of two to five years under 730 ILCS 5/5-4.5-40(a), extendable to five to ten. Probation or conditional discharge is available and capped at 30 months. The fine ceiling is $25,000.

There is a location enhancement that catches people. Under § 24-1(c)(1), the same conduct within 1,000 feet of a school, public park, courthouse, public housing, or public transportation facility becomes a Class 2 felony with a mandatory three to seven years.

Who Is Exempt, and Who Is Not

§ 24-2(g-5) exempts persons federally licensed to manufacture such devices, but only within the lawful scope of that business, and states plainly that the exemption “does not authorize the general private possession” of one.

§ 24-2(g-7) is the surprising one. A peace officer is exempt only “while serving as a member of a tactical response team or special operations team,” and the same subsection says: “A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm.” The devices must be owned by the unit of government.

There is no military exemption for silencers and no film exemption. Under § 24-2(h), “[t]he defendant shall have the burden of proving such an exemption.”

Alternatives

If you want to own and use suppressors, your options include:

  • Move to one of the 42 states where suppressors are legal
  • Use suppressors while visiting legal states (with proper arrangements)
  • Support legislative efforts to change Illinois law

Legislative Outlook

HB 4031 in the 104th General Assembly would add a wholesale distributor exemption paralleling (g-5). It was filed March 28, 2025, given a first reading and referred to the Rules Committee on April 7, 2025, and has seen no action since.

Key Takeaway

Illinois makes possession of a suppressor a Class 3 felony under 720 ILCS 5/24-1(a)(6), rising to a Class 2 with a mandatory three to seven years near a school, park, or transit facility. Even Illinois police officers cannot personally own one.