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Highland Park magazine limits?


Paul Kirsey

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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?
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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.

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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.
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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.
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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

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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
There 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.

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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
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