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Is it legal in Cook county?


solidus

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I saw a steyr aug in Kane county that I wanted to buy, but I didn't because I think cook county made those "illegal" to own. Does anyone have an answer? The salesperson told me they weren't obligated to talk about it to prospective buyers, so yeah, there's that too. Not a good way to make a sale. That and that it might be illegal in Cook county-which is upsetting. I really enjoy nice looking guns, but don't want door kickers to pay me a visit for living in suburbia in Cook county.

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It has a few features that make it banned like a threaded barrel and a pistol grip. The included magazine is by Cook County and Chicagos dumb legal definition a high capacity magazine.

 

Gun store employees are not lawyers, so its best they dont add any legal commentary on the transaction. Most are nice enough to sell Cook/Chicago banned guns to people with Cook County addresses on their FOIDs without giving them a hard time. This is perfectly legal as a permanent residence doesnt need to be the address the gun legally stays at. Like, your hunting cabin, gun range locker, etc could be outside Cook County. So theres no probable cause to have your door kicked in. But the dealer likely doesnt want to hear you intend to buy the gun intending to violate the ordinances.

 

Heres the ordinance, not a lawyer so the best advice I can give is read it yourself in its entirety. Make the decision that fits your legal budget and lifestyle. FWIW there has yet to be a clean test case (ordinance violation that sticks without any other charges).

https://library.municode.com/il/cook_county/codes/code_of_ordinances?nodeId=PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA

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If you read Sec 54-210 b, it states about home-rule authority. If your city/town/village is a home-rule authority, you follow those laws. I am a resident of Oak Lawn, as well as a FFL Dealer, and I own/sell based on Oak Lawn's home-rule laws. Some communities are not home-rule authorities, in that case, you will have to live by Cook County Laws. I am not a lawyer either but that's the way it has been interpreted.
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If you read Sec 54-210 b, it states about home-rule authority. If your city/town/village is a home-rule authority, you follow those laws. I am a resident of Oak Lawn, as well as a FFL Dealer, and I own/sell based on Oak Lawn's home-rule laws. Some communities are not home-rule authorities, in that case, you will have to live by Cook County Laws. I am not a lawyer either but that's the way it has been interpreted.

Yay! Am a home-rule authority! Going to be fun.

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Someone please show me an HRA town that has a law on books that it's ok for residents to own/possess/sell so called AW or anything on their county (in this case Cook) AWB list.

 

Ive read people have had SBR applications denied even though they are in an HR town and LE is good with it but not having anything on books nor LE statement in writing ( which they would not give) my understanding is it gets overridden by the county.

 

OakLawn doesnt have much on books...says what you cant have but not what you can so who knows how that would play out.

 

https://www.sterlingcodifiers.com/codebook/m_index.php?book_id=441#s837821

 

10-5-8

 

They still have a concealed carry law on the books. There are also gun shop location restrictions. No idea how HR logistics apply to businesses.

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State of Illinois Constitution, Article VII. Section 6 Powers of Home Rule Units ...

(a) A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.

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Someone please show me an HRA town that has a law on books that it's ok for residents to own/possess/sell so called AW or anything on their county (in this case Cook) AWB list.

Ive read people have had SBR applications denied even though they are in an HR town and LE is good with it but not having anything on books nor LE statement in writing ( which they would not give) my understanding is it gets overridden by the county.

OakLawn doesnt have much on books...says what you cant have but not what you can so who knows how that would play out.https://www.sterlingcodifiers.com/codebook/m_index.php?book_id=441#s837821

10-5-8

They still have a concealed carry law on the books. There are also gun shop location restrictions. No idea how HR logistics apply to businesses.

I havent seen a Cook Suburb that explicitly overrides the ban in their ordinances, anyone else know of one?

 

Ever been to Maxon in Des Plaines? Guns for sale there violate Cook Countys Blair Holt ban being sold, shot there, walked from a parked car no longer transporting into and out of the facility? Thats in Cook County, but Des Plaines is a home rule so the Blair Holt ban does not apply. Im going to assume the lawyers did their homework.

 

In Northbrook Optics Planet straddles the Lake/Cook line on the Cook side and had to stop inventorying anything that the Cook ban applied to. This despite, Id assume, meeting Northbrooks own complex dealer licensing scheme (in Chicago and Northbrook you need a per cost federal, state, and town license to sell).

 

There is someone here that did get a few SBRs registered in Des Plaines, than was denied their latest application so not even the ATF knows what the law is.

 

For the OP, the way home rule works is first the town must have home rule (not all Cook County towns do) and second they need some laws on the books that pertain to firearms. Because Des Plaines has this

http://sterlingcodifiers.com/codebook/index.php?book_id=561&chapter_id=34737#s854261

and

http://sterlingcodifiers.com/codebook/index.php?book_id=561&chapter_id=34752#s787222

about guns, but no mention of any of the county ordinance youd only follow Des Plaines home rule laws.

 

There has been past non firearm cases that ruled in favor of a non home rule town ordinances overriding Cook County. So even if you dont live in a home rule suburb if you have firearms laws on the books its likely you would win the case.

 

But some Cook County home rule suburbs do note that Blair Holt assault weapon ban is still in effect in that specific suburb, like Schaumburg.

https://library.municode.com/il/schaumburg/codes/code_of_ordinances?nodeId=TIT11BURE_CH128FICO

 

It is specifically intended that this chapter shall preempt the Cook County Firearms Dealer-s License Ordinance as now in effect or as may be hereafter amended, but shall not preempt the Cook County Assault Weapons and Assault Ammunition Ban Ordinance.

None of this complexity in my non lawyer opinion passes the reasonable person sniff test. Its ripe for a Supreme Court ruling, which is why I say do what your circumstances and legal budget can support.
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I keep my AR and -10 in a locker at Maxons and take it out when needed. You can have them in your car if you are traveling to shoot where it is legal and bring it back when done. It is all on paper for ATF inspection if needed. I have other toys to protect my home and family. Don't need the 15 or 10.

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InterestedBystander is essentially correct.

 

Here are some salient points, based upon my reading of USC and ILCS laws, and the current ATF Federal Firearms Regulations Reference Guide …

 

Gun dealers/FFLs must comply with Federal and State statutes and regulations. They are not subject to county or municipal (i.e., home rule units) ordinances. The dealer/FFL can legally sell the “assault weapon” (i.e., “hi-capacity” magazine or AR-type), and you can legally possess/store/use it on their property. But once you leave their property, you’re subject to home rule unit authority. Although it’s unlikely, in Cook County you’d be vulnerable to potential arrest and prosecution. The Cook County’s ordinance calls for a maximum penalty of 6 months incarceration and $10K fine. You’d also be facing substantial defense attorney fees, along with lots of other hassles. The Chicago Tribune reported that Cook County Sheriff’s Office has announced its intention to more vigorously enforce the ordinance. And CPD officers have been instructed to indicate any high-cap mag or AR on their arrest reports. You think the States Attorney wouldn't like to get some good publicity by prosecuting some offenders? If you’re willing to accept the risk of ordinance noncompliance, so be it.

 

Regarding municipal exemptions to the County ban, unless there is an ordinance or “official” (i.e., written) notification stipulating that “Assault Weapons” (incl. high-cap mags) are legal in their particular jurisdiction, then technically you’d be in violation of the superseding Cook County ordinance.

 

Dealers aren't likely to face any criminal liability, but uninformed buyers certainly could ... IF they get caught.

 

If you have authoritative evidence to the contrary, I’d be very interested in seeing it.

 

Laws shouldn't be interpreted based on wishful thinking.

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For anyone who has kept track of the SBR issue, which I have tried, after months of back and forth with the ATF each person was given a tax stamp. So yes, the issue of a home-rule unit laws conflicting with County laws has caused issues with many people trying to get SBR's through the C&R 03 license but ultimately they were given the stamp. I sell AR and AR accessories at my home-based FFL, so does Shoot Point Blank and Eagle in Oak Forest at their retail locations. I used to work at Shoot Point Blank in Hodgkins for over a year before I received my FFL and went over there after the August 2019 AWB decision. They called Hodgkins and asked if the AWB applied to them and were told no. That's why they are still selling them and Eagle told me the same thing over the phone. Now for those who said FFL's might not face any liability over it, Midwest Guns in Lyons were forced to remove all their "Scary" rifles from the shelves and Bridgeview Sports Sales were told not to sell or transfer any "Scary items including stripped lowers." I know about the Bridgeview Sports Sales for a fact because I tried to go pick-up a stripped lower for a customer and they refused to give it to me. Both of these FFL's were notified about the AWB decision but I, Shoot Point Blank, and Eagle were not.

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For anyone who has kept track of the SBR issue, which I have tried, after months of back and forth with the ATF each person was given a tax stamp. So yes, the issue of a home-rule unit laws conflicting with County laws has caused issues with many people trying to get SBR's through the C&R 03 license but ultimately they were given the stamp. I sell AR and AR accessories at my home-based FFL, so does Shoot Point Blank and Eagle in Oak Forest at their retail locations. I used to work at Shoot Point Blank in Hodgkins for over a year before I received my FFL and went over there after the August 2019 AWB decision. They called Hodgkins and asked if the AWB applied to them and were told no. That's why they are still selling them and Eagle told me the same thing over the phone. Now for those who said FFL's might not face any liability over it, Midwest Guns in Lyons were forced to remove all their "Scary" rifles from the shelves and Bridgeview Sports Sales were told not to sell or transfer any "Scary items including stripped lowers." I know about the Bridgeview Sports Sales for a fact because I tried to go pick-up a stripped lower for a customer and they refused to give it to me. Both of these FFL's were notified about the AWB decision but I, Shoot Point Blank, and Eagle were not.

Now Chicago, is enforcing their 15 round magazine restriction because I met a few people in Shoot Point Blank w/a CCL who were taken to the station and cited for violating Chicago's 15rd mag restriction. Not all CPOs does it, a few of my customers are CPOs and they said all they care about is a valid CCL, but they stated there are quite a few of CPOs that are anti-gun and will enforce it. As an FFL, I bought the Glock 17 15rd Colorado magazines because I am not taking a chance in running into an anti-gun CPO for a traffic violation. A flash from the past, for those who have some old school Chicago gun knowledge, do you remember the Marina Towers gun bust. Long story short, A FFL Dealer was arrested in Chicago with dozens of weapons that he was going to sell to "south side gang members." All a farce, it took him approximately 10 years to get all his guns back and all he was doing was getting a hotel room because the weather was so bad that he couldn't keep driving. Unreal...

As far as non-licensed gun buyers, I have not met one in a home-rule community that got convicted of violating the Blair-Holt AWB as a charge all by itself. If you do, please enlighten me because this topic of private citizens in home-rule units owning ARs have been brought up in many different groups and not one have given an instance where someone was charged and convicted as a stand alone charge. I would give my customers different advice if someone has information to the contrary.

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For anyone who has kept track of the SBR issue, which I have tried, after months of back and forth with the ATF each person was given a tax stamp. So yes, the issue of a home-rule unit laws conflicting with County laws has caused issues with many people trying to get SBR's through the C&R 03 license but ultimately they were given the stamp. I sell AR and AR accessories at my home-based FFL, so does Shoot Point Blank and Eagle in Oak Forest at their retail locations. I used to work at Shoot Point Blank in Hodgkins for over a year before I received my FFL and went over there after the August 2019 AWB decision. They called Hodgkins and asked if the AWB applied to them and were told no. That's why they are still selling them and Eagle told me the same thing over the phone. Now for those who said FFL's might not face any liability over it, Midwest Guns in Lyons were forced to remove all their "Scary" rifles from the shelves and Bridgeview Sports Sales were told not to sell or transfer any "Scary items including stripped lowers." I know about the Bridgeview Sports Sales for a fact because I tried to go pick-up a stripped lower for a customer and they refused to give it to me. Both of these FFL's were notified about the AWB decision but I, Shoot Point Blank, and Eagle were not.

Now Chicago, is enforcing their 15 round magazine restriction because I met a few people in Shoot Point Blank w/a CCL who were taken to the station and cited for violating Chicago's 15rd mag restriction. Not all CPOs does it, a few of my customers are CPOs and they said all they care about is a valid CCL, but they stated there are quite a few of CPOs that are anti-gun and will enforce it. As an FFL, I bought the Glock 17 15rd Colorado magazines because I am not taking a chance in running into an anti-gun CPO for a traffic violation. A flash from the past, for those who have some old school Chicago gun knowledge, do you remember the Marina Towers gun bust. Long story short, A FFL Dealer was arrested in Chicago with dozens of weapons that he was going to sell to "south side gang members." All a farce, it took him approximately 10 years to get all his guns back and all he was doing was getting a hotel room because the weather was so bad that he couldn't keep driving. Unreal...

As far as non-licensed gun buyers, I have not met one in a home-rule community that got convicted of violating the Blair-Holt AWB as a charge all by itself. If you do, please enlighten me because this topic of private citizens in home-rule units owning ARs have been brought up in many different groups and not one have given an instance where someone was charged and convicted as a stand alone charge. I would give my customers different advice if someone has information to the contrary.

 

 

As has been pointed out numerous times previously, the CCL statute's preemption nullifies this for CCL holders, because it has to do with anything related to handguns.

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So, if a CPO detains you due to a traffic violation. Does he or she have the ability to see whether you are a FOID individual and what type of firearms you own?

Whether you have a FOID (and CCL) is information that is available to them.

 

You do not have to volunteer that you are armed (includes having a loaded firearm in the passenger compartment, varies by state), but if they ask you and you have a CCL, you are required to answer truthfully. This information is supposed to be covered in CCL classes.

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(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.)

 

This has been talked about in IL Carry before, if you read it carefully, it states,"...handgun and ammunition for handguns by licensees are exclusive powers and functions of the state." It does not have magazines written in it at all, that's where "Rahm the Bomb" at a news conference stated Chicago's 10 day AWB window covered magazines.

Other guys in this group linked an IL Gen Assembly recording of Brandon Phelps stating legislative intent was to cover magazines but it was never written into law or corrected by JCAR, how convenient.

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(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.)

 

This has been talked about in IL Carry before, if you read it carefully, it states,"...handgun and ammunition for handguns by licensees are exclusive powers and functions of the state." It does not have magazines written in it at all, that's where "Rahm the Bomb" at a news conference stated Chicago's 10 day AWB window covered magazines.

Other guys in this group linked an IL Gen Assembly recording of Brandon Phelps stating legislative intent was to cover magazines but it was never written into law or corrected by JCAR, how convenient.

 

Magazines are an integral, functional part of a handgun and are required for the delivery of ammunition, as Brandon Phelps stated the legislative intent was. Without them, the firearm will not function, or can it feed ammunition. Therefore, despite what the former mayor erroneously said, magazines are covered under the preemption. And, if the city of Chicago wants to ever challenge me on that, I'm a disabled veteran who teaches self-defense to domestic violence and sexual assault victims, i.e., a perfect nightmare of a plaintiff for them.

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Correct, but the 2 people I am referring to are from Chicago and SPB customers are prob 70%-80% Chicagoans. I mean, it should be general knowledge that there are no gun shops in Chicago but there has beeen 1 FFL "awarded" in Chicago. Our current Governor's family was awarded an FFL to operate the Pritzker Military Museum at Navy Pier. How convenient...
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I dont think were debating the laws as much as pointing out the massive disconnect between those that write the laws, those that enforce the laws, and those that are expected to follow the laws.

And, if the city of Chicago wants to ever challenge me on that, I'm a disabled veteran who teaches self-defense to domestic violence and sexual assault victims, i.e., a perfect nightmare of a plaintiff for them

Against ICs code of conduct Id recommend anyone with the means to practice mass noncompliance and in gray areas to er on the side of federal law and freedom. Its unlikely anyone would get prosecuted for just the ordinance violations. If they did we could all use a clean test case to make its way through the courts to make all this B S go away.

 

One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ' an unjust law is no law at all.

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I dont think were debating the laws as much as pointing out the massive disconnect between those that write the laws, those that enforce the laws, and those that are expected to follow the laws.

And, if the city of Chicago wants to ever challenge me on that, I'm a disabled veteran who teaches self-defense to domestic violence and sexual assault victims, i.e., a perfect nightmare of a plaintiff for them

Against ICs code of conduct Id recommend anyone with the means to practice mass noncompliance and in gray areas to er on the side of federal law and freedom. Its unlikely anyone would get prosecuted for just the ordinance violations. If they did we could all use a clean test case to make its way through the courts to make all this B S go away.

 

One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ' an unjust law is no law at all.

 

I agree, I have a friend who is a lawyer and I've known him since high school, he says there is a difference on the written law and the way it is interpreted and practiced in the courts. He always says people don't understand that.

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Well, you see to me there are several unjust laws when it comes to gun laws. In fact, there's one too many. The government is really concerned about gun violence? Maybe work on something that the focus isn't an inanimate object.

 

I agree, I have a friend who is a lawyer and I've known him since high school, he says there is a difference on the written law and the way it is interpreted and practiced in the courts. He always says people don't understand that.

 

 

 

 

 

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Well, you see to me there are several unjust laws when it comes to gun laws. In fact, there's one too many. The government is really concerned about gun violence? Maybe work on something that the focus isn't an inanimate object.

 

I agree, I have a friend who is a lawyer and I've known him since high school, he says there is a difference on the written law and the way it is interpreted and practiced in the courts. He always says people don't understand that.

 

 

 

 

 

 

I like my quotes Solidus, did I contradict myself in these statements?

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