Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
A lawsuit filed in Madison County seeks to challenge Illinois’ near-total ban on the civilian possession of short-barreled rifles and firearms suppressors.
The suit was filed July 18 by Rob Dorman, the former Madison County Information Technology director who has filed numerous lawsuits and other legal challenges against various county officials over his 2020 termination.
The suit names Madison County State’s Attorney Tom Haine and Illinois State Police Director Brendan Kelly, and seeks to enjoin them from enforcing state laws regarding the items and to declare at least parts of the state laws unconstitutional.
The lawsuit has been low-key in part because it was filed under a misspelled name. The filing lists the plaintiff as Robert Doorman; on Sunday Dorman confirmed he filed the suit and the name listed was incorrect.
The suit was filed by attorney Thomas G. Maag who also owns a firearms-related business in Wood River. As of Monday, Dorman’s suit had not been assigned to a judge.
In the three-count suit, Dorman claims he wants to acquire two prohibited items, a Model 1911 .45 caliber pistol with an attachable shoulder stock and a 5.56 mm rifle with a 14.5-inch barrel. He indicated in the second count that he also is interested in acquiring a suppressor, or “silencer,” for home defense.
Rifles with a barrel length less than 16 inches and suppressors are heavily regulated by the federal government. With very rare exceptions, primarily for law enforcement and licensed dealers and manufacturers, they are effectively prohibited.
Regarding short-barreled rifles, Dorman’s suit states that prior to 1934 — when the National Firearms Act first regulated them — the rifles and handguns equipped with shoulder stocks were common. The suit states those arms are covered under the Second Amendment’s right to keep and bear arms.
Dorman is seeking a ruling that Illinois residents with a federal “Curio and Relics” firearm license be allowed to possess short-barreled rifles and that the prohibition is unconstitutional.
Regarding suppressors, Dorman’s suit states that prior to 1934 suppressors were unregulated. The suit cites the shipping of a suppressor from the Maxim Silencer Co. of Hartford, Connecticut, to a person in Collinsville prior to the National Firearms Act. The suit also claims suppressors are protected under the Second Amendment.
The suit cites the Madison County Sheriff's Department's recent purchase of short-barreled AR-style rifles with suppressors. One of the justifications was that, if the rifles are fired within an enclosed space like a building, they would likely cause hearing damage.
Under federal law, to own a suppressor a person must pass a rigorous background check and pay a $200 transfer tax.
Currently 42 states allow private ownership of suppressors. According to the American Suppressor Association, in 2021 there were 2.664 million suppressors registered with the ATF — an increase of 30 percent or 622,056, since the previous year.
Legislation to legalize suppressors has been introduced in Illinois by the late Sen. Bill Haine, D-Alton, and Rep. Amy Elik, R-Fosterburg, but it has failed to win approval.
Supporters claim the use of suppressors helps curtail hearing loss, allows conversations at gun ranges and while hunting, and can reduce problems with recoil. Opponents claim easing restrictions would make it more likely suppressors are used in crimes and is part of a larger effort by the gun lobby and gun manufacturers to increase sales which have been lagging until the start of the coronavirus pandemic.
From a technical standpoint, a gunshot’s sound comes from three sources: the mechanical sound of the gun’s action, the sound of exploding gasses coming out of the barrel, and the loud “crack” from the bullet breaking the sound barrier.
According to the National Rifle Association-Institute for Legislative Action, the group’s political branch, hearing loss can occur at above 140 decibels. Gunshots range from about 144 decibels for .22 rimfire rounds to 172 decibels for larger rounds; suppressors can normally reduce that by about 30 decibels.
https://www.theintelligencer.com/news/article/Lawsuit-challenges-states-near-ban-on-17413355.php