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Did Illinois recenty enact a statewide magazine limit of 10rds?


mab22

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Where is the state compliant section as Im missing it?

 

There are NO statewide magazine capacity limits. Some municipalities have laws on the books, but then again the state has preemption over handguns.

In the "models" table, the 5th row says "STATE COMPLIANT - - CO / CT / HI / IL / MA / MA Target Roster / MD / NJ / NY" for the model with 10 rd magazines.

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Where is the state compliant section as Im missing it?There are NO statewide magazine capacity limits. Some municipalities have laws on the books, but then again the state has preemption over handguns.

In the "models" table, the 5th row says "STATE COMPLIANT - - CO / CT / HI / IL / MA / MA Target Roster / MD / NJ / NY" for the model with 10 rd magazines.
D'oh...it was off screen and I needed to scroll horizontally...but on the order page it let me add to cart using my zip code when requested.
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I have bought from Sig Sauer, if you are a Chicago resident and you're buying a 16+ mag, they will cancel the purchase. Unless you have slipped through the cracks
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Where is the state compliant section as Im missing it?There are NO statewide magazine capacity limits. Some municipalities have laws on the books, but then again the state has preemption over handguns.

In the "models" table, the 5th row says "STATE COMPLIANT - - CO / CT / HI / IL / MA / MA Target Roster / MD / NJ / NY" for the model with 10 rd magazines.
D'oh...it was off screen and I needed to scroll horizontally...but on the order page it let me add to cart using my zip code when requested.

 

Not sure I like manufacturers becoming "compliant" with a "City" and declaring it a "state compliance", it does not really help the overall cause and they should take a seat....

Just my opinion...

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I have bought from Sig Sauer, if you are a Chicago resident and you're buying a 16+ mag, they will cancel the purchase. Unless you have slipped through the cracks

 

So they have declared "Chicago" representative of our WHOLE STATE?

Its not just Sig. Other sellers have a similar policy. Some have been convinced to research and change while others refuse to do so.
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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

Its not even Chicago, you can have 15 rounds there. Its Cook County and some of the Suburbs that have the 10 round limits

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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

 

Its not even Chicago, you can have 15 rounds there. Its Cook County and some of the Suburbs that have the 10 round limits
You are correct, the majority of all online sellers go by the state and county, that's about it. You will have a few others that will include Chicago, Oak Park, Highland Park, Franklin Park, and Aurora. My company policy is I will sell any capacity at my business location and ship any capacity of a magazine that can be used in a handgun with an IL CCL. If you have a FOID only, I will research the specific municipal ordinance because I am an Illinoisans as well and hated when online sellers would not do that for me b4 I got my own FFL.

Ernesto A Alcala-Owner

Ernie's Arms Accessories

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You are correct, the majority of all online sellers go by the state and county, that's about it. You will have a few others that will include Chicago, Oak Park, Highland Park, Franklin Park, and Aurora. My company policy is I will sell any capacity at my business location and ship any capacity of a magazine that can be used in a handgun with an IL CCL. If you have a FOID only, I will research the specific municipal ordinance because I am an Illinoisans as well and hated when online sellers would not do that for me b4 I got my own FFL.

Ernesto A Alcala-Owner

Ernie's Arms Accessories

The same pre-emption that applies to CCL holders also applies to FOID holders (the exact language from FCCA was duplicated in the FOID Act) so you can sell anything to FOID holder that you can sell to FCCL holder

 

( b ) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39
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Beretta does this too.

 

I'm sure it's more a case of them being cheap and not wanting to go down the road of coding the site for each town's nuances and then needing to keep up with the changes over time. If a state has a forbidden zone within it's borders it get's lumped in with the compliant state only shipping rules.

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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

Its not even Chicago, you can have 15 rounds there. Its Cook County and some of the Suburbs that have the 10 round limits

 

Which are also preempted, (For Handguns), by the FOID and CCL laws

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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

Its not even Chicago, you can have 15 rounds there. Its Cook County and some of the Suburbs that have the 10 round limits

 

As I understand it, even though cook county "bans them", IF your municipality IN cook county does not have anything on the books then you are allowed to have them.

I could be wrong on that...

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and that is why I stopped doing business with the Sportsmans Guide. Don't know if they still do, for one day they decided to enforce Chicago law throughout the entire state of Illinois, and would not accept that I lived over 300 miles from Chicago, and at that point, I stopped doing business with them and never looked back

 

Its not even Chicago, you can have 15 rounds there. Its Cook County and some of the Suburbs that have the 10 round limits

As I understand it, even though cook county "bans them", IF your municipality IN cook county does not have anything on the books then you are allowed to have them.

I could be wrong on that...

I believe it's the opposit. If your town has an ordinance allowing you to have them or otherwise regulating them, your Town is exempted.

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As I understand it, even though cook county "bans them", IF your municipality IN cook county does not have anything on the books then you are allowed to have them.

I could be wrong on that...

I believe it's the opposit. If your town has an ordinance allowing you to have them or otherwise regulating them, your Town is exempted.

 

The county seems to have taken the position that it applies to everyone except where a home rule ordinance explicitly conflicts with it. They amended it some years ago to add this:

 

(a) The provisions included in this division apply to all persons in Cook County including but not limited to persons licensed under this article

 

 

Whether that's a legally defensible, or if the county has the ability to enforce it within home rule units without the cooperation of the local police remains unanswered, as I believe they were abstaining from enforcement pending the outcome of the Wilson case, which appears to have finally died today

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I think the preemption overides any home rule statutes

 

...(430 ILCS 66/90)

Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)...

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Buy your firearm

What ever mags it comes with, use those

If anyone here is actually getting stopped on the street or road for that matter just to check your mag capacity please raise your hand!

Most LEO,s aren’t even going to ask to see the firearm anyway, as posted right here in IC many hundreds of times.

So....just carry on as they say.

 

Now, if you are doing something illegal and get stopped, car jacking, robbery, assault, etc etc then you may have a small issue.

But if I remember correctly it was posted also in here and several news articles where after being charged with the mag capacity limit it was then dropped in favor of the other charges. They know it can’t win, so why try?

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You are correct, the majority of all online sellers go by the state and county, that's about it. You will have a few others that will include Chicago, Oak Park, Highland Park, Franklin Park, and Aurora. My company policy is I will sell any capacity at my business location and ship any capacity of a magazine that can be used in a handgun with an IL CCL. If you have a FOID only, I will research the specific municipal ordinance because I am an Illinoisans as well and hated when online sellers would not do that for me b4 I got my own FFL.

Ernesto A Alcala-Owner

Ernie's Arms Accessories

The same pre-emption that applies to CCL holders also applies to FOID holders (the exact language from FCCA was duplicated in the FOID Act) so you can sell anything to FOID holder that you can sell to FCCL holder

 

( b ) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

 

InterestedBystander posted this as well and this has been talked about in IC before. Where does it say magazines? Just handguns and ammunition. Brandon Phelps has a recording that can be used in court to justify magazine preemption but it was not written in the law and JCAR did not correct it, I think we all know why. This is what Chicago has used to justify their 15rd magazine capacity and I have met people before who have been ticketed and a few other local home-based FFL Dealers, as well, have met online buyers who have had their magazines taken from them in Chicago.

(430 ILCS 66/90)

Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

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Buy your firearm

What ever mags it comes with, use those

 

But why would you want to go through the work to carry the bulk of a full size firearm and not load it to capacity? If you're being forced to only carry 11 or less might as well get a smaller gun, or carry a single stack .45

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Not sure I like manufacturers becoming "compliant" with a "City" and declaring it a "state compliance", it does not really help the overall cause and they should take a seat....

 

 

 

Just my opinion...

 

 

I don't like it either. I had a stock maker cancel my order citing Chicago ordinances and I do not live in Chicago or even Cook Co.

 

I think it all comes from they do not want or rather cannot afford to deal with all the legal issues by employing a team of lawyers to constantly review what the restrictions are.

 

HEY! Here is an idea, some hungry lawyer might want to keep track of all of that and sell that as a subscription service to these businesses under the guise of expanding their markets while eliminating risk.

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