Consumers can own suppressors in 42 states with Illinois being in the minority that arbitrarily bans the devices. That could change if a new lawsuit is successful. 

The 17-page suit, filed in federal court on Monday by two Illinois men with the support of Silencer Shop and the American Suppressor Association Foundation, argues the state's ban on suppressor ownership and possession is an unconstitutional violation of the Second Amendment. A host of state and county officials, with Attorney General Kwame Raoul in the lead, are named as defendants. 

"The American Suppressor Association Foundation has always believed that the Second Amendment protects the right of law-abiding Americans to possess and own suppressors," Knox Williams, ASA-F’s executive director, told Guns.com. "After last summer’s Bruen ruling, we knew it was time to get to work on a case that would apply the Second Amendment’s protections to the States."

With over 2.6 million suppressors on file with federal regulators, only 3,297 are listed as being in Illinois. This sparse number is due to the fact that the devices are restricted to just federally licensed dealers and manufacturers, and law enforcement. Outside of those carve-outs, possession of an otherwise legal and registered suppressor can earn a consumer up to seven years in an Illinois penitentiary. 

Now compare the above figure with nearby Pennsylvania, a state with roughly the same population, demographics, and politics – but has 83,563 suppressors registered, as they are legal for consumers to own in the Keystone State. Indeed, Pennsylvanians can even hunt with the devices. 

Those involved with the challenge feel the time is right, post-Bruen, to fight the prohibition on what many contend is simply a hearing protection device. 

"The standard of review laid out by the Supreme Court in its Bruen decision last summer requires Illinois to justify its ban on suppressor ownership by showing that the ban is consistent with ‘the Nation’s historical tradition of firearm regulation," explained Williams. "Since there has never been a nationwide ban on suppressor ownership, and since suppressors are neither dangerous nor unusual, we are confident that Illinois will not be able to justify its ban to the court."

The case is Anderson v. Raoul.

Banner image: Ed Brown Custom 1911 and an HK MK23, both .45 ACP handguns, outfitted with SilencerCo Osprey 45 2.0 suppressors. (Photo: Chris Eger/Guns.com)

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