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Wilson v. Cook County (Semi-Auto Gun Ban)


Tvandermyde

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I'm confused. Does not having an AWB over ride the AWB cook has in place? Or do Hoffman Estates and Des Plaines have laws stating that they are legal? Please let me know because I have been looking to move outside of crook county on the basis of owning an AR alone.

Not sure of Des Plaines but Hoffman Estates has an ordinance that explicitly overides the Cook ban

 

It is intended that this Section shall pre-empt all Cook County licensing or other regulatory schemes for firearms, and firearms dealers. As provided in Article VII, Section 6© of the State of Illinois Constitution of 1970, if a county ordinance conflicts with an ordinance of a municipality, the municipality ordinance shall prevail within its jurisdiction.

http://library.municode.com/showDocumentFrame.aspx?clientID=13575&jobId=&docID=0

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  • 4 weeks later...
  • 1 month later...

Discovery was ordered closed earlier this month on Friedman v Highland Park. Very similar issue. Are you sure you didn't confuse the 2?

 

"The patriot's blood is the seed of Freedom's tree." -Thomas Campbell

 

It's quite possible. There are so many cases to keep up with that keep changing I wouldn't be surprised one bit. Thanks.

 

 

ETA: Just checked the Highland Park thread. Like you said, this one is closed because of that HP case. Skinny said that the trial is set to take place just before Halloween this year.

 

WILL IT EVER END?!?!

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  • 1 month later...

 

that's because grenade launchers are pretty much banned anyways.

well the grenades are banned, the launcher is usually little more than a tube, like a potato gun

 

but of course "grenade launcher" sounds scary, so we better ban them (for the children)

 

 

Is that "the shoulder thing that goes up"?

 

Oh wait, no, that's a barrel shroud :frantics:

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How can places like Midwest and Maxon's sell AR 15s? There are no ordinances in Lyons or Des Plaines.

The Cook law isn't being enforced so no one really cares

 

 

Too bad little peons like me living in Chicago are still taking the safe (albeit super annoying) route and leaving our "fun" guns with friends elsewhere.

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Too bad little peons like me living in Chicago are still taking the safe (albeit super annoying) route and leaving our "fun" guns with friends elsewhere.

 

Well in theory the Chicago ban is still being enforced, although I do not know of anyone ever being charged with violating it

 

 

Which is definitely not something that I am looking to find out. I'll wait. It's not like I am disarmed here. I do have MOST of my collection here, just not ALL of it.

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I'm trying to understand the laws in Cook county. Do I understand correctly that it is illegal to possess an AR type rifle and 20-30 round magazines for the same in Cook County?

Pretty much. A semi-automatic rifle that accepts a detachable magazine and has one or more "evil" features. Barrel shroud is one of those features and the way its written it seems to be inclusive of the normal handguard on any rifle, not just an actual barrel shroud, so anything semi auto would seem to be banned.

 

Magazines over 10 rounds are also banned. The law doesn't differentiate handgun mags and rifles mags so there is some debate about where handgun magazines fall due to preemption. If they are preempted then AR mags may also be preempted as there are AR-type pistols out there (of course the Cook law purports to ban those pistols as well)

 

Something tells me I may have hindered rather than helped your understanding. Its like reading a book on quantum physics, if you understand it better when you are done you weren't really paying attention lol

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How can places like Midwest and Maxon's sell AR 15s? There are no ordinances in Lyons or Des Plaines.

The Cook law isn't being enforced so no one really cares

 

But then it makes me wonder why, I believe Hoffman Estates opted out (or partially), for Cabela's which I believe is Cook. Indeed quantum physics may be more understandable...

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Actually you cleared things up for me. A guy up here(Cook County) that I work with on the Mannheim project, is interested in purchasing an AR and I'm giving him advice on his first purchase. He grew up in Southern Illinois and married a Chicago girl after graduating from SIUC. Moved up here for some reason that I can not fathom. Well, apparently I have some rather bad news for him before he gets too heavily into the purchase process.

 

I promise not to gloat about our relative freedom from oppression in the southern part of the state.

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But then it makes me wonder why, I believe Hoffman Estates opted out (or partially), for Cabela's which I believe is Cook. Indeed quantum physics may be more understandable...

 

Hoffman's "opt out" ordinance predates the Wilson case and Cook's agreement to suspend enforcement (not sure if they were enforcing much before then, this all happened before I got my FOID and started paying attention to these things)

 

Additionally, the Cook ban may not be enforceable in most places, the Sheriff's Police don't have primary jurisdiction in incorporated communities that have their own police department, and its unlikely the local PD will call the Sheriff's police into their jurisdiction for weapon possession charge. Still, Cook saw fit to amend their ban to clarify it applies to everyone in Cook county unless they live in a town with a contradictory ordinance

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Actually you cleared things up for me. A guy up here(Cook County) that I work with on the Mannheim project, is interested in purchasing an AR and I'm giving him advice on his first purchase. He grew up in Southern Illinois and married a Chicago girl after graduating from SIUC. Moved up here for some reason that I can not fathom. Well, apparently I have some rather bad news for him before he gets too heavily into the purchase process.

 

I promise not to gloat about our relative freedom from oppression in the southern part of the state.

Technically it's illegal but outside of the towns that have their own bans most people don't seem to care. I live in Cook and just bought an AR, and I already had an AK and a .22LR made to look enough like an AR that its banned too. I have several friends that also own ARs in Cook. As stated above Maxon and Midwest both sell ARs in Cook, and I know Freddie Bear in Tinley Park and Chucks in Riverdale do too

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Actually you cleared things up for me. A guy up here(Cook County) that I work with on the Mannheim project, is interested in purchasing an AR and I'm giving him advice on his first purchase. He grew up in Southern Illinois and married a Chicago girl after graduating from SIUC. Moved up here for some reason that I can not fathom. Well, apparently I have some rather bad news for him before he gets too heavily into the purchase process.

 

I promise not to gloat about our relative freedom from oppression in the southern part of the state.

Chicago's ordinance says you have to have all the parts od the firearm. So you can have an entire AR except for the barrel (and magazines over 10 rds) legally in Chicago. Just keep the barrel (or some other essential part not the complete lower though)at a friend's house and you're good to go.
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Chicago's ordinance says you have to have all the parts od the firearm. So you can have an entire AR except for the barrel (and magazines over 10 rds) legally in Chicago. Just keep the barrel (or some other essential part not the complete lower though)at a friend's house and you're good to go.

Are you sure about this? Can you share the part of the ordinance that states this? I wasnt able to find it.

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Chicago's ordinance says you have to have all the parts od the firearm. So you can have an entire AR except for the barrel (and magazines over 10 rds) legally in Chicago. Just keep the barrel (or some other essential part not the complete lower though)at a friend's house and you're good to go.

Are you sure about this? Can you share the part of the ordinance that states this? I wasnt able to find it.

 

 

Check 8-20-010. Towards the bottom is specifically states the opposite of what chislinger says.

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I think this is pretty clear:

 

( :cool: An “assault weapon” shall not include any firearm that:
(2) has been rendered permanently inoperable. “Permanently inoperable” means a firearm which is incapable of discharging a projectile by means of an explosive and incapable of being restored to a firing condition; or

 

“Assault weapon” means any of the following, regardless of the caliber of ammunition accepted:

.

.

.

 

(14) Any combination of parts from which a firearm described in subparagraphs (1) through (13) can be assembled.
(15) The frame or receiver of a rifle or shotgun described in subparagraph (1), (2), (5), (9), (10), (12), (13), or (18).

 

1 through 13 list things like Mini-14s, ARs, AKs, Beretta Storms, AUGs, etc., which is why I stated that it appears that you can own a parts kit minus a receiver.

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I think this is pretty clear:

 

( :cool: An “assault weapon” shall not include any firearm that:
(2) has been rendered permanently inoperable. “Permanently inoperable” means a firearm which is incapable of discharging a projectile by means of an explosive and incapable of being restored to a firing condition; or

 

“Assault weapon” means any of the following, regardless of the caliber of ammunition accepted:

.

.

.

 

(14) Any combination of parts from which a firearm described in subparagraphs (1) through (13) can be assembled.
(15) The frame or receiver of a rifle or shotgun described in subparagraph (1), (2), (5), (9), (10), (12), (13), or (18).

 

1 through 13 list things like Mini-14s, ARs, AKs, Beretta Storms, AUGs, etc., which is why I stated that it appears that you can own a parts kit minus a receiver.

 

 

Man that's a fine line. I could see the legal arguments either way

 

All assault weapons are firearms, this is not a firearm because it's not a full combination of parts from which a 'firearm' can be assembled, therefore my AR with a missing trigger group is not an assault weapon.

 

The counter to that argument is that it IS an assault weapon because it can be "fully restored to firing condition" (by dropping in a trigger group).

 

I don't know how to interpret this one.. By the way.. IANAL

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