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Chicago Ordinances/Laws for an AR-15


WindyCityGuy

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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.

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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.
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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.com/forum/index.php?showtopic=25170

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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.
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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.municode.com/HTML/13805/level4/PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA.html

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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.

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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

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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!

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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.

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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.

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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.

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