Jump to content

Interesting Article, Cook County 10 Round Restriction


yyyz

Recommended Posts

Anyone in Chicago receive their Springfield Armory gear up promotion magazines from Springfield with a notation that "High cap mags not legal in Chicago, IL" so that the 19 round 9mm magazines were not provided? This would mean that they are refusing to provide the magazines for a XDM 4.5" 9mm to anyone with a Chicago address. This has been argued periodically here and on other websites but the best position seems clear that the Chicago magazine limitation for pistols was rendered invalid by state law enacted with the concealed carry law. Pistol purchased prior to the current Springfield issues so I would think that now they wouldn't want to make even more people mad in Chicago. If they refuse to supply the 19 round magazines for a 4.5" 9mm, are they offering any alternative?

I just received my gear up promo for my xd mod 2 and also received all 10 round mags:( I am in will county, and on their invoice it states that high capacity mags are illegal in homer Glen, IL. This is bs because I cannot find one ordinance or law for homer Glen or will county that restricts high capacity mags. I'm gonna be in contact with them by email and by phone on Monday. We will see what they say.

Link to comment
Share on other sites

Im not gonna say what I do (not law enforcement), but my job requires me to work close to many CPD officers. I have asked this question of them to get their opinion. (not that their opinion is law, but their judgement will determine if a person goes home or jail after an encounter)

 

Everyone I have asked said the same thing. Those laws are on the books to be able to charge gangbangers and such with as many counts as possible when caught. If a person is on the up and up with a Valid FOID, CCL, DL, etc, then they don't care how many bullets their magazine holds. It is also worth mentioning that from my experience the majority of the rank and file of CPD is all for law abiding citizens having firearms. In fact they always ask me if I have anything new (they like gun porn) and have been invited to the range with them several times.

Link to comment
Share on other sites

Im not gonna say what I do (not law enforcement), but my job requires me to work close to many CPD officers. I have asked this question of them to get their opinion. (not that their opinion is law, but their judgement will determine if a person goes home or jail after an encounter)

 

Everyone I have asked said the same thing. Those laws are on the books to be able to charge gangbangers and such with as many counts as possible when caught. If a person is on the up and up with a Valid FOID, CCL, DL, etc, then they don't care how many bullets their magazine holds. It is also worth mentioning that from my experience the majority of the rank and file of CPD is all for law abiding citizens having firearms. In fact they always ask me if I have anything new (they like gun porn) and have been invited to the range with them several times.

 

Thanks for posting this! I think, though, that since those restrictions are preempted, they need to find another way to, "...charge gangbangers...", with more counts. As we have all seen, the keeping of those illegal laws on the books, is still a point of confusion for many people.

 

Link to comment
Share on other sites

Interesting article I found. A Cook county judge told a 19 year old that was arrested in Oak Lawn that the county limit was 10 rounds.

 

Link to the article is below.

 

 

https://patch.com/illinois/oaklawn/gun-defaced-serial-number-found-19-year-old-burbank-mans-car-police

Judge seems like a putz/crony.

 

Oak Lawn is Home Rule iirc, and has their own firearms ordinance on the books.

 

http://www.sterlingcodifiers.com/codebook/index.php?book_id=441

 

No restriction on capacity.

Link to comment
Share on other sites

 

Im not gonna say what I do (not law enforcement), but my job requires me to work close to many CPD officers. I have asked this question of them to get their opinion. (not that their opinion is law, but their judgement will determine if a person goes home or jail after an encounter)

 

Everyone I have asked said the same thing. Those laws are on the books to be able to charge gangbangers and such with as many counts as possible when caught. If a person is on the up and up with a Valid FOID, CCL, DL, etc, then they don't care how many bullets their magazine holds. It is also worth mentioning that from my experience the majority of the rank and file of CPD is all for law abiding citizens having firearms. In fact they always ask me if I have anything new (they like gun porn) and have been invited to the range with them several times.

 

Thanks for posting this! I think, though, that since those restrictions are preempted, they need to find another way to, "...charge gangbangers...", with more counts. As we have all seen, the keeping of those illegal laws on the books, is still a point of confusion for many people.

 

 

true, except those premption protections are for those who are legally in possession of a firearm i.e FOID. The guys they want to charge with these laws do not have FOIDs. But I undwerstand what you are saying.

Link to comment
Share on other sites

Here is Springfield's response to my complaint and pointing out preemption by state law:

 

"Thank you for you inquiry.

We got the information regarding mag capacity limits from our corporate attorney. And here is a link to the law. http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/municipalcodeofchicago?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il. The specifics of the Magazine restrictions are section 8-20-085. If you would like to have the Chicago city attorney send us a letter on official letterhead from the city attorney’s office, explaining how this law is not valid, we would be happy to forward that on to our attorney for his advice. This may incur a fee on your behalf. We will not ship high capacity mags to Chicago as the rules of the promo state."

 

You would think they would know that the magazine that comes with a gun is not a "high capacity" magazine. I especially like the part that I would have to pay to get their attorney's advice if I established that they were wrong. This is a company that is really trying to win back customer support. :no:

Link to comment
Share on other sites

Here is Springfield's response to my complaint and pointing out preemption by state law:

 

"Thank you for you inquiry.

We got the information regarding mag capacity limits from our corporate attorney. And here is a link to the law. http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/municipalcodeofchicago?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il. The specifics of the Magazine restrictions are section 8-20-085. If you would like to have the Chicago city attorney send us a letter on official letterhead from the city attorney’s office, explaining how this law is not valid, we would be happy to forward that on to our attorney for his advice. This may incur a fee on your behalf. We will not ship high capacity mags to Chicago as the rules of the promo state."

 

You would think they would know that the magazine that comes with a gun is not a "high capacity" magazine. I especially like the part that I would have to pay to get their attorney's advice if I established that they were wrong. This is a company that is really trying to win back customer support. :no:

That's it. No more waffling for me. Bye bye Springfield XD. Screw 'em.

Link to comment
Share on other sites

  • 2 months later...

I received my magazines in the mail today for the promo. All 10rd mags, and I live in Will County. There wasn't even a comment on the invoice why.

 

I am not happy with Springfield even though it was a free promo. The promo was a big reason why I made the purchase in the first place.

 

Ugh. I sent mine outside Cook County. Hoping they don't send me 10 rds or I'm gonna be p*****.

Link to comment
Share on other sites

I received my magazines in the mail today for the promo. All 10rd mags, and I live in Will County. There wasn't even a comment on the invoice why.

 

I am not happy with Springfield even though it was a free promo. The promo was a big reason why I made the purchase in the first place.

 

I'm sorry to hear that. Sadly, it seems that Springfield continues to be an unpleasant company for Illinois residents to deal with.

Link to comment
Share on other sites

I purchased two Springfield pistols at Maxons. I live in Chicago. Though I have not actually received the promo magazines yet (it's been since mid-May), if I get ten-round magazines, I will ask the folks at Maxons to give Springfield a call. I think getting a call from a dealer will carry more weight than a customer calling. This is especially true because Maxons knows the magazines are legal and will happily sell me a 16 round magazine for my Springfield XD Mod 2.
Link to comment
Share on other sites

They will ship them to another address that is no in Cook.. Find a friend and have the mags shipped.

While that may be true --- and very helpful advice --- I also think there is also value in getting manufacturers, retailers, and distributors to understand and admit that they are following 'laws' that do not, in fact, exist. I can get the magazines, for sure, but I don't think that is the entire point. I also want barriers to getting magazines and guns removed --- especially if those barriers are self-imposed by the gun community.

Link to comment
Share on other sites

 

They will ship them to another address that is no in Cook.. Find a friend and have the mags shipped.

While that may be true --- and very helpful advice --- I also think there is also value in getting manufacturers, retailers, and distributors to understand and admit that they are following 'laws' that do not, in fact, exist. I can get the magazines, for sure, but I don't think that is the entire point. I also want barriers to getting magazines and guns removed --- especially if those barriers are self-imposed by the gun community.

 

 

Well as far as I know, there is a county ordinance in affect. Apparently it only applies to criminals?

Link to comment
Share on other sites

Well as far as I know, there is a county ordinance in affect. Apparently it only applies to criminals?

My understanding is that all magazine bans within any jurisdiction in the State of Illinois are preempted by state law, which does not have a magazine capacity limit. This would include the 12-round Cook County limit and the 15-round City of Chicago limit. This is specifically why Cook County gun shops are perfectly willing and able to sell 16-round magazines. Any adherence to magazine capacity limits is unnecessary under the law.

 

This is just my reading, and many here will acknowledge that the practical nature of the law is not as clear-cut as that.

Link to comment
Share on other sites

 

Well as far as I know, there is a county ordinance in affect. Apparently it only applies to criminals?

My understanding is that all magazine bans within any jurisdiction in the State of Illinois are preempted by state law, which does not have a magazine capacity limit. This would include the 12-round Cook County limit and the 15-round City of Chicago limit. This is specifically why Cook County gun shops are perfectly willing and able to sell 16-round magazines. Any adherence to magazine capacity limits is unnecessary under the law.This is just my reading, and many here will acknowledge that the practical nature of the law is not as clear-cut as that.
Cook county ordinance...is it 10 rounds or 12 limit? Ive read both but looking at the online codes, I am only seeing 10 unless they are not current.
Link to comment
Share on other sites

Cook county ordinance...is it 10 rounds or 12 limit? Ive read both but looking at the online codes, I am only seeing 10 unless they are not current.

You're likely correct. Ten rounds. Either way, I don't believe it is enforceable given what I understand to be the state law. Of course, I'm not the DA and/or arresting officer.

Link to comment
Share on other sites

Here is Springfield's response to my complaint and pointing out preemption by state law:

 

"Thank you for you inquiry.

We got the information regarding mag capacity limits from our corporate attorney. And here is a link to the law. http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/municipalcodeofchicago?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il. The specifics of the Magazine restrictions are section 8-20-085. If you would like to have the Chicago city attorney send us a letter on official letterhead from the city attorney’s office, explaining how this law is not valid, we would be happy to forward that on to our attorney for his advice. This may incur a fee on your behalf. We will not ship high capacity mags to Chicago as the rules of the promo state."

 

You would think they would know that the magazine that comes with a gun is not a "high capacity" magazine. I especially like the part that I would have to pay to get their attorney's advice if I established that they were wrong. This is a company that is really trying to win back customer support. :no:

Wow, after reading that letter from SA, they will never get another one of my heavily taxed Chicago dollars!

Link to comment
Share on other sites

 

Here is Springfield's response to my complaint and pointing out preemption by state law:

 

"Thank you for you inquiry.

We got the information regarding mag capacity limits from our corporate attorney. And here is a link to the law. http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/municipalcodeofchicago?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il. The specifics of the Magazine restrictions are section 8-20-085. If you would like to have the Chicago city attorney send us a letter on official letterhead from the city attorney’s office, explaining how this law is not valid, we would be happy to forward that on to our attorney for his advice. This may incur a fee on your behalf. We will not ship high capacity mags to Chicago as the rules of the promo state."

 

You would think they would know that the magazine that comes with a gun is not a "high capacity" magazine. I especially like the part that I would have to pay to get their attorney's advice if I established that they were wrong. This is a company that is really trying to win back customer support. :no:

Wow, after reading that letter from SA, they will never get another one of my heavily taxed Chicago dollars!

 

 

Agreed I am not buying anymore Springfield firearms. Talked with their customer service representative the other day it was an awful experience.

Link to comment
Share on other sites

 

Well as far as I know, there is a county ordinance in affect. Apparently it only applies to criminals?

My understanding is that all magazine bans within any jurisdiction in the State of Illinois are preempted by state law, which does not have a magazine capacity limit. This would include the 12-round Cook County limit and the 15-round City of Chicago limit. This is specifically why Cook County gun shops are perfectly willing and able to sell 16-round magazines. Any adherence to magazine capacity limits is unnecessary under the law.

 

This is just my reading, and many here will acknowledge that the practical nature of the law is not as clear-cut as that.

 

 

Almost correct. The magazine capacities are preempted for HANDGUNS, but not for long guns.

Link to comment
Share on other sites

 

 

They will ship them to another address that is no in Cook.. Find a friend and have the mags shipped.

While that may be true --- and very helpful advice --- I also think there is also value in getting manufacturers, retailers, and distributors to understand and admit that they are following 'laws' that do not, in fact, exist. I can get the magazines, for sure, but I don't think that is the entire point. I also want barriers to getting magazines and guns removed --- especially if those barriers are self-imposed by the gun community.

 

 

Well as far as I know, there is a county ordinance in affect. Apparently it only applies to criminals?

 

Just in case someone it stuck. I have 2 SA products. I think we are blaming the wrong people on this one as Chicago will sue them for it if they catch them. The other thing with the deal cut out I would not blame anybody on banning them for. They should have known about that.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...