Illinois Suppressor Ban Lawsuit: Silencer Shop and ASA Fight Back

Millions of responsible gun owners across America enjoy the benefits of shooting suppressed. Silencers are incredible tools for improving accuracy and safety, whether you’re training at the range, stalking a whitetail buck, or forced to engage in self-defense. While most Americans are free to exercise their Second Amendment rights and own suppressors, those who call Illinois home are not so lucky. Illinois has had a long-standing ban on the sale and possession of silencers, but soon citizens of the Prairie State could enjoy the freedom to experience the advantages of suppressed shooting. Silencer Shop and the American Suppressor Association Foundation (ASA) have joined together to fund a new lawsuit in Illinois federal court to challenge the state’s ban on firearm suppressors.  “The Second Amendment reflects two of the most fundamental American values: personal freedom and responsible independence,” said Chris Boeck, who serves as General Counsel at Silencer Shop and a Director with ASA.  “Silencer Shop is proud to join efforts with ASA to preserve the constitutional rights of the citizens of Illinois.” 

Table of Contents

• Can You Possess a Suppressor in Illinois?
• What State has the Strictest Gun Laws?
• Anderson v. Raoul
• Is the Illinois Gun Law Legal?
• Pro 2A Litigation

Silencers (otherwise known as suppressors) are currently unlawful in the state of Illinois. They cannot be bought, sold, or possessed within the state; however, Silencer Shop and the American Suppressor Association Foundation (ASA) are fighting back against Illinois’ unconstitutional ban by funding a lawsuit that challenges the state law. Anderson v. Raoul, filed 2/27/2023, would restore suppressor rights to millions of residents in the state. The lawsuit aims to overturn Illinois’ suppressor ban, allowing citizens to purchase and own suppressors for all lawful purposes.  

Eight states currently restrict their residents’ constitutional right to keep and bear arms when it comes to suppressors. Illinois has some of the strictest gun laws in the nation, with bans on NFA firearms, mandatory ownership permits, and waiting periods to purchase a firearm. Illinois is home to more than 2.4 million Firearm Owner Identification (FOID) Card holders, we are often asked by these responsible gun owners, are silencers illegal in Chicago? For the moment, the answer is “yes,” silencers are illegal throughout the state of Illinois.  However, that could change based on the outcome of Anderson v. Raoul. 

Silencer Shop and ASA are working together to strengthen Second Amendment protections within Illinois and restore Illinoisian’s right to own suppressors. We are funding a lawsuit, brought by Carlin Anderson and Dave Clark against Illinois’ Attorney General Kwame Raoul, which challenges the unconstitutional ban. Carlin Anderson was an avid hunter and sportsman, but since moving to Illinois he has lost his desire to hunt as he cannot outfit his rifle with a suppressor to protect his hearing while enjoying the Midwest landscape and staying alert. Dave Clark is a competitive shooter who wants to protect his hearing with a suppressor while training and competing but cannot use one due to the state’s ban. Silencer Shop and the ASA are backing the lawsuit to reclaim the ability of these residents, and millions of others in Illinois, to protect their hearing while exercising their constitutional rights.  

Anderson v. Raoul alleges that the state’s law, which constitutes an outright ban on firearms silencers, violates the Second Amendment and is invalid. The Supreme Court’s landmark opinion in New York State Rifle & Pistol Association, Inc. v. Bruen established that the burden is on the state to demonstrate that such laws are consistent with “the Nation’s historical tradition of firearm regulation.” Other gun laws are facing renewed scrutiny under the Bruen standard. The Anderson v. Raoul lawsuit states that silencers constitute bearable arms protected by the Second Amendment (for example, they are included in the definition of “firearms” under federal law) and there is no historical tradition for banning silencers, which ultimately make firearms safer for gun owners and others. 

Credit: @Lex_Elliott 

Silencer Shop and ASA have long been advocates of Second Amendment protections, working hard to not only maintain but to regain firearm rights for millions of Americans. “We’re optimistic the courts will agree with our interpretation and extend the right to own suppressors to the people of Illinois,” noted Chris Boeck. “Suppressors offer critical hearing protection, reduce recoil, and improve accuracy. They facilitate communication and situational awareness while hunting, at the range, and during urgent moments of self-defense. They make firearms safer.”