Paul Kirsey Posted December 31, 2019 at 10:42 AM Share Posted December 31, 2019 at 10:42 AM I am under the impression that Highland Park had a magazine capacity limit before the Illinois concealed carry was passed. Are any magazine limits now null and void if a CCL is present? Link to comment Share on other sites More sharing options...
TRJ Posted December 31, 2019 at 11:02 AM Share Posted December 31, 2019 at 11:02 AM Highland Park has both mag bans and "assault weapon" bans. Avoid city limits with anything carrying more than 10 rounds in a magazine. Preemption is not going to save you there. Link to comment Share on other sites More sharing options...
TRJ Posted December 31, 2019 at 11:11 AM Share Posted December 31, 2019 at 11:11 AM edit, sorry double tap Link to comment Share on other sites More sharing options...
Paul Kirsey Posted December 31, 2019 at 08:07 PM Author Share Posted December 31, 2019 at 08:07 PM That's what I thought. Thanks! Link to comment Share on other sites More sharing options...
Bubbacs Posted January 1, 2020 at 04:04 AM Share Posted January 1, 2020 at 04:04 AM I am under the impression that Highland Park had a magazine capacity limit before the Illinois concealed carry was passed. Are any magazine limits now null and void if a CCL is present?Hey just asking (old brain) wasn’t that the name of the “Death Wish” guy?If so, he wouldn’t be worried about mag limits.....lol Link to comment Share on other sites More sharing options...
Paul Kirsey Posted January 1, 2020 at 06:45 AM Author Share Posted January 1, 2020 at 06:45 AM Bubbacs, yes, although someone beat me to the correct spelling. Should be Kersey. Link to comment Share on other sites More sharing options...
chicagoresident Posted January 1, 2020 at 04:58 PM Share Posted January 1, 2020 at 04:58 PM https://law.justia.com/cases/federal/appellate-courts/ca7/14-3091/14-3091-2015-04-27.html Yes they do and unfortunately the decision has been in Highland Park’s favor all the way up to the Supreme Court. This case was not heard by the Supreme Court, but in the notes not to hear it Justice Thomas and Scalia noted McDonald and Heller on top of protecting handguns for protection did not limit long guns for the same purpose. Link to comment Share on other sites More sharing options...
chislinger Posted January 1, 2020 at 06:29 PM Share Posted January 1, 2020 at 06:29 PM Preemption is not going to save you there.Why not? All local handgun laws are preempted. AWB grandfather clause applies only to long guns. Link to comment Share on other sites More sharing options...
Paul Kirsey Posted January 1, 2020 at 11:23 PM Author Share Posted January 1, 2020 at 11:23 PM If I remember correctly didn't the state give time to those villages at the last minute before the concealed carry act was passed to make laws limiting magazine capacity which the act could not preempt? Otherwise the concealed carry act would preempt any laws passed from then on. I could be wrong but figured I should get some clarity since my job takes me to Highland Park from time to time. Been carrying a .45 but would like to have the extra capacity if possible. Link to comment Share on other sites More sharing options...
Euler Posted January 1, 2020 at 11:47 PM Share Posted January 1, 2020 at 11:47 PM They gave municipalities time to enact AWBs, including mag limits on rifles, if they didn't have them already. Handguns are handguns. Link to comment Share on other sites More sharing options...
Paul Kirsey Posted January 2, 2020 at 02:51 AM Author Share Posted January 2, 2020 at 02:51 AM You're saying there are no limits on handgun magazines? Link to comment Share on other sites More sharing options...
InterestedBystander Posted January 2, 2020 at 03:09 AM Share Posted January 2, 2020 at 03:09 AM You're saying there are no limits on handgun magazines?There are laws on certain municipality codes but nothing afaik has been tested in court. The state has preemption on handguns and most take that to include magazines and their capacity. Link to comment Share on other sites More sharing options...
NakPPI Posted January 2, 2020 at 12:27 PM Share Posted January 2, 2020 at 12:27 PM There are plenty of stories online of people getting arrested with standard capacity mags in highland Park. The problem is that all of those people were also charged with various other crimes and none of them had a concealed carry permit. I am unaware of any concealed carry permit holders being charged with violation of the magazine ordinance and I would expect that the highland Park attorney would drop such charges against a concealed carry permit holder in order to avoid having the ordinance struck down by a lake county judge, but you never know these village attorneys have been doing all kinds of goofy things lately. Link to comment Share on other sites More sharing options...
defaultdotxbe Posted January 2, 2020 at 03:02 PM Share Posted January 2, 2020 at 03:02 PM There are plenty of stories online of people getting arrested with standard capacity mags in highland Park. The problem is that all of those people were also charged with various other crimes and none of them had a concealed carry permit. I am unaware of any concealed carry permit holders being charged with violation of the magazine ordinance and I would expect that the highland Park attorney would drop such charges against a concealed carry permit holder in order to avoid having the ordinance struck down by a lake county judge, but you never know these village attorneys have been doing all kinds of goofy things lately.Did any of them have a FOID? The same preemption applies to FOID holders But in either situation, as InterestedBystander notes there are a number of schools of thought on how preemption applies to magazines, and communities have been treading lightly to avoid anything going to court Link to comment Share on other sites More sharing options...
chicagoresident Posted January 2, 2020 at 03:29 PM Share Posted January 2, 2020 at 03:29 PM There are plenty of stories online of people getting arrested with standard capacity mags in highland Park. The problem is that all of those people were also charged with various other crimes and none of them had a concealed carry permit. I am unaware of any concealed carry permit holders being charged with violation of the magazine ordinance and I would expect that the highland Park attorney would drop such charges against a concealed carry permit holder in order to avoid having the ordinance struck down by a lake county judge, but you never know these village attorneys have been doing all kinds of goofy things lately.Did any of them have a FOID? The same preemption applies to FOID holders But in either situation, as InterestedBystander notes there are a number of schools of thought on how preemption applies to magazines, and communities have been treading lightly to avoid anything going to courtThere was only one I’m aware of, driver had foid but was pulled over for a traffic violation that led to suspicion of marijuana. Not a clean test case. Got his magazine confiscated and had to pay the ordinance violation. But again, all courts below the Supreme Court have upheld the language specifically of Highland Park’s assault weapon ban. Link to comment Share on other sites More sharing options...
defaultdotxbe Posted January 2, 2020 at 04:36 PM Share Posted January 2, 2020 at 04:36 PM But again, all courts below the Supreme Court have upheld the language specifically of Highland Park’s assault weapon ban.Those were all federal courts testing the law against the 2nd Amendment, no? They would have no say on whether or not it runs afoul of state-level preemption, that would have to go to the IL Supreme Court Link to comment Share on other sites More sharing options...
DG53 Posted January 3, 2020 at 10:44 PM Share Posted January 3, 2020 at 10:44 PM Preemption is not going to save you there.Why not? All local handgun laws are preempted. AWB grandfather clause applies only to long guns. Unfortunately HP got these laws in during the 10 day waiting period. Link to comment Share on other sites More sharing options...
CHICAGO HANDGUN OWNER Posted January 4, 2020 at 09:58 PM Share Posted January 4, 2020 at 09:58 PM I am really surprised by the ignorance on this board. Illinois state law preempts any local laws when it comes to concealed carry of handguns. These magazine restrictions were only allowed for long guns. Link to comment Share on other sites More sharing options...
soundguy Posted January 5, 2020 at 12:03 AM Share Posted January 5, 2020 at 12:03 AM I am really surprised by the ignorance on this board. Illinois state law preempts any local laws when it comes to concealed carry of handguns. These magazine restrictions were only allowed for long guns. Another push on the LIKE button... Link to comment Share on other sites More sharing options...
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