Jump to content


Photo

Chicago Ordinances/Laws for an AR-15


This topic has been archived. This means that you cannot reply to this topic.
20 replies to this topic

#1 WindyCityGuy

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 885 posts
  • Joined: 22-April 11

Posted 13 January 2013 - 10:43 PM

Ok, I am confused as heck and need some guidance.

I have a Bushmaster AR-15 (along with a number of 30 round magazines) and live in Chicago. My understanding is that while the AR-15 and the magazines are currently legal in Illinois, they are not legal in Chicago. No grandfathering, no nothing, just illegal.

So my question is what is the law I break by having it in my home in Chicago? Is it just a unregistered long gun violation or would the violation be greater than that? Trying to decide the potential legal risk of keeping it here.
Proud NRA Lifetime Member
Illinois/Utah Concealed Carry License Holder
Ashamed Chicago Resident

#2 CM_50BMG

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 479 posts
  • Joined: 28-April 11

Posted 13 January 2013 - 10:47 PM

this is probably best addressed by sending a PM to Todd, Molly, Abolt, Mauserme, or even Federal Farmer for a clear direction vs. posting here. I think it would be best if mods deleted this post.

ΜΟΛΩΝ ΛΑΒΕ

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include the government.      -George Washington-


#3 WindyCityGuy

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 885 posts
  • Joined: 22-April 11

Posted 13 January 2013 - 10:56 PM

The AR-15 is currently in Indiana so not sure why the post would need to be modified? I am just trying to understand any violation that would happen if I brought it into the city.
Proud NRA Lifetime Member
Illinois/Utah Concealed Carry License Holder
Ashamed Chicago Resident

#4 CM_50BMG

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 479 posts
  • Joined: 28-April 11

Posted 13 January 2013 - 11:03 PM

my apologies WindyCityGuy, I assumed (and you know what happens when I a**-u-me), from the OP i was under the impression it was already being kept in chicago. just a quick scan for this info and "potential penalties of $5,000 in fines or 90 days in jail, however the city's law appears to have little sway over those who've registered with the state to own or possess a firearm. Of the 116,173 Chicagoans who have FOID cards, only 2.7 percent have registered a gun with the city.

ΜΟΛΩΝ ΛΑΒΕ

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include the government.      -George Washington-


#5 CM_50BMG

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 479 posts
  • Joined: 28-April 11

Posted 13 January 2013 - 11:09 PM

Ok, I am confused as heck and need some guidance.

I have a Bushmaster AR-15 (along with a number of 30 round magazines) and live in Chicago. My understanding is that while the AR-15 and the magazines are currently legal in Illinois, they are not legal in Chicago. No grandfathering, no nothing, just illegal.

So my question is what is the law I break by having it in my home in Chicago? Is it just a unregistered long gun violation or would the violation be greater than that? Trying to decide the potential legal risk of keeping it here.


Just found a related link on IC regarding this very topic.

http://illinoiscarry...showtopic=25170

ΜΟΛΩΝ ΛΑΒΕ

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include the government.      -George Washington-


#6 vezpa

    Illinoiscarry.com Funnyman

  • Members
  • 4,285 posts
  • Joined: 15-June 10

Posted 14 January 2013 - 02:43 AM

Forget bringing the gun into the city. It is not worth it. Right now they are looking for blood and looking to make an example of someone which is why I keep most of my guns out-of-state as well. We can sit here and debate all of the "what iffs" but until they come knocking on your door it doesn't matter.

Edited by vezpa, 14 January 2013 - 02:43 AM.

Laws that forbid the carrying of arms disarm only those

who are neither inclined nor determined to commit crimes.

                                                    

                                                                                                                                                     

                                                                    - Thomas Jefferson


#7 patriot1776

    Member

  • Members
  • 2,201 posts
  • Joined: 14-September 12

Posted 14 January 2013 - 04:59 AM

Of those 116,000 how many are they prepared to put in jail providing 3 squares and medical ?

#8 d38runner

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 472 posts
  • Joined: 26-December 12

Posted 14 January 2013 - 10:41 AM

Ok, I am confused as heck and need some guidance.

I have a Bushmaster AR-15 (along with a number of 30 round magazines) and live in Chicago. My understanding is that while the AR-15 and the magazines are currently legal in Illinois, they are not legal in Chicago. No grandfathering, no nothing, just illegal.

So my question is what is the law I break by having it in my home in Chicago? Is it just a unregistered long gun violation or would the violation be greater than that? Trying to decide the potential legal risk of keeping it here.


Hypothetically, if a person owned an AR15 in the City of Chicago, he or she would possibly be in violation of the Chicago's Assault Weapons Ban, which is contained in the Resonsible Gun Ownership Act. This is the law that was passed after the McDonald decision.

Section 8-20-010 defines "assault weapon" and the AR15 would most likely be covered by it. (You can view the municipal code here: http://www.amlegal.c...egal:chicago_il)

It reads:

“Assault weapon” means:
(1) A semiautomatic rifle that has the ability to accept a detachable magazine and has one or more of the following:
(i) a folding or telescoping stock
(ii) a handgun grip which protrudes conspicuously beneath the action
(iii) a bayonet mount
(iv) a flash suppressor or a barrel having a threaded muzzle
(v) a grenade launcher; or

As you can see, the ban use cosmetics to determine which firearms fall into the "assault weapons" categories. Section 8-20-170 states that no registration certificates shall be issued for any "assault weapons" (thus making an "assault weapon" an unregisterable firearm). The actual ban is then in Section 8-20-035, which states that "It is unlawful for any person to carry or posses any unregisterable firearm."

Section 8-20-300 then sets forth the penalties: "Any person who violates section 8-20-020, 8-20-030, 8-20-035, 8-20-060, 8-20-080 or 8-20-110 shall upon conviction be fined not less than $1,000.00 nor more than $5000.00 and be incarcerated for a term not less than 20 days nor more than 90 days. Each day that such violation exists shall constitute a separate and distinct offense." The way I read this if a person is convicted of violating Section 8-20-035, there is a mandatory prison sentence of not less than 20 days. But I wonder if that happens in practice. Regardless, that's scary.

ETA: Cook County also has its own assault weapons ban (the Blair Holt Assault Weapons Ban), located at Section 54-211. My understanding is that because Chicago is a homerule entity, and it has enacted its own firearms laws (including an AWB), the Cook County AWB is not applicable in Chicago (essentially the Cook County AWB is preempted by the Chicago AWB). Link here: http://library.munic...BLHOASWEBA.html

Edited by d38runner, 14 January 2013 - 10:45 AM.


#9 Jason4567

    Member

  • Members
  • 1,110 posts
  • Joined: 19-March 12

Posted 14 January 2013 - 11:46 AM

Windysityguy, You could always try putting an aftermarket bullet button on it and and try registering it as a fixed mag. You would no doubt get denied, and would need to appeal. I think you would be setting precedent, as I don't know of anyone that has tried a non-factory bullet button AR.

IS YOUR RIFLE A GRENADE LAUNCHER? YES NO

From the Chicago Firearm Registration form

#10 ChicagoSigFan

    Member

  • Members
  • PipPipPipPipPipPipPipPip
  • 408 posts
  • Joined: 29-May 10

Posted 14 January 2013 - 01:05 PM

I thought there was precedent in Chicago for registering a bullet buttoned AR....If I recall it was a factory model, but not sure why that would matter.

#11 Federal Farmer

    David Lawson

  • Members
  • 9,346 posts
  • Joined: 03-January 07

Posted 14 January 2013 - 01:55 PM

I thought there was precedent in Chicago for registering a bullet buttoned AR....If I recall it was a factory model, but not sure why that would matter.


The fact that it might matter is from the SKS ruling. SKS's are registerable if they are in their original fixed magazine configuration. Due to that, the button-AR was registered because it is in its original fixed magazine configuration.

It would be a logical next step to register a modified button-AR. I suspect that won't be winnable...just a hunch.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#12 officedrone

    With Liberty and Justice for all

  • Supporting Members Team
  • 3,492 posts
  • Joined: 28-June 12

Posted 14 January 2013 - 02:09 PM

I believe a bullet-button AR can be registered, but you'll need to leave your 30-round mags in Indiana. Nothing over 12 rounds allowed.

“By concord little things grow great, by discord the greatest come to nothing.”
-Roger Williams

 

Second Amendment Foundation Life Member


#13 Jason4567

    Member

  • Members
  • 1,110 posts
  • Joined: 19-March 12

Posted 14 January 2013 - 02:14 PM

It would be a logical next step to register a modified button-AR. I suspect that won't be winnable...just a hunch.


My guess as well. If you are going to try though, do it quick. You would only lose the $15 registration fee if it didn't work out.

IS YOUR RIFLE A GRENADE LAUNCHER? YES NO

From the Chicago Firearm Registration form

#14 Federal Farmer

    David Lawson

  • Members
  • 9,346 posts
  • Joined: 03-January 07

Posted 14 January 2013 - 02:28 PM

It would be a logical next step to register a modified button-AR. I suspect that won't be winnable...just a hunch.


My guess as well. If you are going to try though, do it quick. You would only lose the $15 registration fee if it didn't work out.


I'm not going to mess around with neutered AR's...lol

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#15 Jason4567

    Member

  • Members
  • 1,110 posts
  • Joined: 19-March 12

Posted 14 January 2013 - 02:43 PM

It would be a logical next step to register a modified button-AR. I suspect that won't be winnable...just a hunch.


My guess as well. If you are going to try though, do it quick. You would only lose the $15 registration fee if it didn't work out.


I'm not going to mess around with neutered AR's...lol


Hehe, I meant that for OP, but you should too!

IS YOUR RIFLE A GRENADE LAUNCHER? YES NO

From the Chicago Firearm Registration form

#16 bigwilli

    Member

  • Members
  • Pip
  • 81 posts
  • Joined: 14-August 12

Posted 14 January 2013 - 11:36 PM

Can someone please tell me why the city would ban bayonet mounts? I don't think bayonets are killing people in Englewood... thugs are. :no:

#17 Trevis

    Member

  • Members
  • 2,886 posts
  • Joined: 19-October 07

Posted 15 January 2013 - 08:38 AM

Can someone please tell me why the city would ban bayonet mounts? I don't think bayonets are killing people in Englewood... thugs are. :no:


Because it looks scary, and makes for feel-good Democrat laws. What use is a bayonet mount with no bayonet? It's just political idiocy.

"You know, there are some words I've known since I was a schoolboy: 'With the first link, the chain is forged. The first speech censured...the first thought forbidden...the first freedom denied--chains us all irrevocably.' Those words were uttered by Judge Aaron Satie, as wisdom...and warning. The first time any man's freedom is trodden on, we're all damaged..." - Capt. Jean-Luc Picard

 

“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”

― Lysander SpoonerNo Treason: The Constitution of No Authority

1AApp.jpg


#18 officedrone

    With Liberty and Justice for all

  • Supporting Members Team
  • 3,492 posts
  • Joined: 28-June 12

Posted 15 January 2013 - 10:20 AM

Can someone please tell me why the city would ban bayonet mounts? I don't think bayonets are killing people in Englewood... thugs are. :no:


Because it looks scary, and makes for feel-good Democrat laws. What use is a bayonet mount with no bayonet? It's just political idiocy.


They're only banned if they're in conjunction with a removable magazine. Apparently those two features combined make a rifle extra deadly. I have my SKS at home with the cool looking folding bayonet, it's ok because the magazine is fixed. But I have to keep my MAS-44 at the range because it has a removable magazine and the spring bayonet.

You can either had a removable mag and none of the other stuff, or any one or all of the other stuff and a fixed magazine. It's a totally pointless restriction.

“By concord little things grow great, by discord the greatest come to nothing.”
-Roger Williams

 

Second Amendment Foundation Life Member


#19 d38runner

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 472 posts
  • Joined: 26-December 12

Posted 15 January 2013 - 10:28 AM

I thought there was precedent in Chicago for registering a bullet buttoned AR....If I recall it was a factory model, but not sure why that would matter.


The fact that it might matter is from the SKS ruling. SKS's are registerable if they are in their original fixed magazine configuration. Due to that, the button-AR was registered because it is in its original fixed magazine configuration.

It would be a logical next step to register a modified button-AR. I suspect that won't be winnable...just a hunch.


I know very little about SKSs, although I did read the decision allowing you to register a few of them -- nice victory. Quick question -- if one were to buy an SKS from an online dealer, is it easy to confirm with the seller that the SKS is in its "original fixed magazine configuration"? Can the sellers even verify if this is the case? I would hate to buy one and then the City of Chicago argues that the configuration was altered.

#20 Federal Farmer

    David Lawson

  • Members
  • 9,346 posts
  • Joined: 03-January 07

Posted 15 January 2013 - 10:31 AM

I know very little about SKSs, although I did read the decision allowing you to register a few of them -- nice victory. Quick question -- if one were to buy an SKS from an online dealer, is it easy to confirm with the seller that the SKS is in its "original fixed magazine configuration"? Can the sellers even verify if this is the case? I would hate to buy one and then the City of Chicago argues that the configuration was altered.


All that matters, in my opinion, is that it has the fixed magazine.

Edit: Probably not having a synthetic stock is another good question to ask.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#21 Jason4567

    Member

  • Members
  • 1,110 posts
  • Joined: 19-March 12

Posted 15 January 2013 - 10:46 AM

An SKS can be converted to a detachable magazine, but they aren't common at all. The webpage for the dealer would say if it was fixed.

IS YOUR RIFLE A GRENADE LAUNCHER? YES NO

From the Chicago Firearm Registration form