Chicago's ban on "Assault Weapons" is fairly simply worded, yet they chose to expand it in a manner that I feel cannot be allowed.
With respect to rifles, Chicago's AWB is:
“Assault weapon” means:
(1) A semiautomatic rifle that has the ability to accept a detachable magazine and has one or more of the following:
(i) a folding or telescoping stock
(ii) a handgun grip which protrudes conspicuously beneath the action
(iii) a bayonet mount
(iv) a flash suppressor or a barrel having a threaded muzzle
(v) a grenade launcher;
In the Adminstrative Hearing, the "judge" determined that my fixed magazine SKS rifles are assault weapons despite not having a detachable magazine because they have bayonet lugs.
The City was supposed to respond to the suit by filing the record (transcript/details of the Administrative Hearing) by Jan. 31st but as of yet they are late. Apparently they get a free extension without even so much as filing for it.
Once the record is filed, briefing will follow. Our challenge is not Constitutionally-based, but a simple challenge that they are not interpreting the ordinance correctly.
I filed this suit with the assistance of the NRA. It is low-profile, so I don't expect to see any NRA press releases concerning it.
My primary concern is that the City not be allowed to so broadly expand their definition of an "assault weapon" because the reasoning they used to deny my SKS rifles is that they can be modified to become "assault weapons." The "judge" was not moved by my assertion that any rifle, including those they have registered, can be modified to become an "assault weapon." I have a registered 10/22 that I could easily add a bayonet to.