Illinois Suppressor Laws in 2026: Still a Felony, With a Challenge in the Seventh Circuit

By Cole Harlan, Editor · The Release Desk · Updated Oct 21, 2026 · How we verify · Editorial standards

Illinois is one of eight states that ban civilian suppressor ownership, and ATF's October 9, 2026 decision to stop enforcing NFA registration doesn't change that. Possessing a suppressor in Illinois is a Class 3 felony under 720 ILCS 5/24-1(a)(6), and hunting with one is separately illegal. The fight is now in federal court: Anderson v. Raoul, a Second Amendment challenge to the ban, is set for argument in the Seventh Circuit on October 28, 2026. Here's where things stand.

Not legal advice. This page summarizes the Illinois Compiled Statutes, the Seventh Circuit's calendar and federal guidance as of the date above. Don't buy, make or bring a suppressor into Illinois based on ATF's federal policy. Talk to an Illinois attorney if you have questions.

The short answer

Suppressors are banned for Illinois civilians. 720 ILCS 5/24-1(a)(6) makes it a crime to possess "any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm."
It's a Class 3 felony (720 ILCS 5/24-1(b)), and a Class 2 felony with a 3-to-7-year prison term near schools, public parks, courthouses, public transit and public housing (24-1(c)(1)).
Each suppressor is a separate offense. The statute says "The possession of each weapon or device in violation of this Section constitutes a single and separate violation."
Hunting with one is also banned. The Wildlife Code, 520 ILCS 5/2.33(s), says it's "unlawful to use a silencer or other device to muffle or mute the sound" of any gun.
ATF's October 9 change doesn't help. Federal law bars dealers from selling where state law forbids it, and ATF says so in its guidance.
Watch Anderson v. Raoul. The Seventh Circuit's calendar lists argument for October 28, 2026.

What Illinois law says

Illinois puts suppressors in its unlawful-possession-of-weapons statute, alongside machine guns and short-barreled rifles and shotguns. Unlike the "federal-reference" states, Illinois has no exception for NFA registration in 24-1(a)(6). An item registered with ATF is still illegal for an ordinary Illinois resident to possess. That's why ATF's registry shows only 5,019 suppressors in Illinois, according to ATF data obtained by the American Suppressor Association, against 94,850 in neighboring Minnesota and 115,208 in Wisconsin.

The penalty structure is heavy. A first offense under 24-1(a)(6) is a Class 3 felony. Under 24-1(c)(1), the same possession in or near a school, public park, courthouse, public transportation facility or public housing is a Class 2 felony with a mandatory 3 to 7 years in prison.

Why ATF's change doesn't apply here

ATF's open letter stops federal enforcement of NFA approval and registration for suppressors. It doesn't touch state law. Under 18 U.S.C. 922(b)(2), a dealer can't sell a firearm where state or local law prohibits the purchase or possession, and ATF's guidance warns of criminal penalties and license revocation for dealers who do. An Illinois resident also can't legally buy a suppressor in another state and bring it home: federal law generally limits dealer sales to residents of the dealer's state, and possession in Illinois is the felony.

The court challenge: Anderson v. Raoul

Carlin Anderson and other plaintiffs challenged Illinois's suppressor ban in the U.S. District Court for the Southern District of Illinois (Nos. 3:22-cv-02740 and 3:23-cv-00728). Their consolidated appeals, Seventh Circuit Nos. 25-2642 and 25-2663, appear on the court's official oral argument calendar for October 28, 2026, at 9:30 a.m., sitting in DeKalb, Illinois, with 15 minutes allotted. The calendar listed the panel as "TBD" when we checked on October 21, 2026.

The question matters well beyond Illinois. On June 18, 2026, the Fifth Circuit held in United States v. Comeaux that suppressors are "bearable arms" protected by the Second Amendment, according to the American Suppressor Association. A ruling for the plaintiffs in the Seventh Circuit would put the Illinois ban in doubt; a ruling for the state would deepen the split. Until the court rules, the ban is fully in force.

Hunting

Separate from the criminal ban, the Wildlife Code makes it unlawful to use a silencer or other muffling device on any gun (520 ILCS 5/2.33(s)). Even if the possession ban fell, hunting with a suppressor in Illinois would need a change to the Wildlife Code too.

Bottom line for Illinois residents

Don't buy a suppressor in Illinois, and don't bring one in. The federal change is real, but Illinois law is what puts people in prison here. Follow Anderson v. Raoul and our NFA updates. If you're moving, see how neighbors Indiana, Wisconsin, Missouri and Kentucky handle suppressors, and read the national suppressor buying guide.

Frequently asked questions

Are suppressors legal in Illinois in 2026?

No. 720 ILCS 5/24-1(a)(6) makes possessing a suppressor a Class 3 felony for civilians, and federal NFA registration is not an exception. ATF's October 9, 2026 change in federal enforcement does not change Illinois law.

Can an Illinois resident buy a suppressor in another state?

No. Federal law generally limits dealer sales of suppressors to residents of the dealer's state, and possessing the suppressor in Illinois would be a felony under 720 ILCS 5/24-1(a)(6).

Can you hunt with a suppressor in Illinois?

No. 520 ILCS 5/2.33(s) makes it unlawful to use a silencer or other device to muffle or mute the report of any gun.

When is the Anderson v. Raoul argument?

The Seventh Circuit's official oral argument calendar lists Anderson v. Raoul, Nos. 25-2642 and 25-2663, for October 28, 2026 at 9:30 a.m., sitting in DeKalb, Illinois. Check the court's calendar for changes.

What is the penalty for possessing a suppressor in Illinois?

A Class 3 felony. In or near a school, public park, courthouse, public transportation facility or public housing, it is a Class 2 felony with 3 to 7 years in prison under 720 ILCS 5/24-1(c)(1).

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.