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Cities/Counties in Illinois that ban assault weapons?


Texasgrillchef
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Which cities/counties in Illinois ban assault weapons? And

High capacity magazines? Of any size? 10 round, 15 round or 17 round?

 

I am thinking Highland Park, Chicago and Cook County. Are there any others? what about Deerfield? Or was theirs overturned?

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Welcome Texasgrillchef.

 

I'm not arguing semantics because in the case of firearms, it is more than that.

My AR15s came with 30 round magazines as standard equipment. In the eyes of the manufacturer and most AR owners, that is typical.

In the eyes of the media and the low information voter, that is extreme.

Don't fall into the trap of media speak.

 

I'm not a resident but those who are may jump in later to correct and/or update the information below.

 

COOK COUNTY

(excludes City of Chicago, which has its own restrictions)

RIFLES

  • Semiautomatic rifles are prohibited.
  • AR or AK pattern receivers are prohibited.
  • Lever-action rifles of any caliber with a tubular feeding device are permitted.
  • Bolt-action rifles of any caliber with a fixed or detachable magazine that does not exceed 10 rounds are permitted.
  • Pump-action .22LR rifles with tubular magazines are permitted.
  • Single-shot rifles are permitted.

SHOTGUNS

Prohibited: a semiautomatic shotgun that has one or more of the following:

  • Only a pistol grip without a stock attached;
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; A folding, telescoping, or thumbhole stock;
  • A fixed magazine capacity in excess of five rounds; or
  • An ability to accept a detachable magazine.
  • Any shotgun with a revolving cylinder is prohibited.
  • Any shotgun with a fixed magazine capacity in excess of 5 rounds is prohibited.

HANDGUNS

Prohibited: are semiautomatic pistols that have a detachable magazine AND two or more of the following:

  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand
  • A folding, telescoping or thumbhole stock
  • Barrel shroud
  • Muzzle brake / muzzle compensator
  • Capacity to accept a detachable magazine outside the pistol grip

ACCESSORIES / AMMUNTION

  • Box-type detachable magazines with a capacity over 10 rounds are prohibited only for long-guns. No collapsible, folding or thumbhole stocks.
  • No flash hiders.
  • No accessory capable of functioning as a protruding grip that can be held by the non-trigger hand.
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From Wikipedia

 

The possession of firearms that have been variously defined as assault weapons is also illegal in Lincolnwood, Skokie, Evanston, Highland Park, North Chicago, Melrose Park, Riverdale, Dolton, Hazel Crest, Homewood, and the part of Buffalo Grove that's in Cook County. The storage or transportation of assault weapons is restricted in Morton Grove, Winnetka, Country Club Hills, and University Park.[85][86][87][88][89][90][91] Sales and transfers of assault weapons are prohibited in Niles.[92][93][94]In December 2015 the U.S. Supreme Court declined to hear the case of Friedman v. Highland Park, a challenge to that city's assault weapons ban.[95] Deerfield had passed an ordinance in 2013 that regulated the storage and transportation of assault weapons and high capacity magazines; in April 2018 the ordinance was amended to ban possession.[96][97] On June 12, 2018 the law was blocked from going into effect by a Lake County Circuit Court judge who held that the ordinance violates a state preemption statute.[98][99] On March 22, 2019 the judge ruled that the law was invalid, and permanently barred the village from enforcing it.[100] On June 12, 2019, Deerfield's appeal was dismissed on procedural grounds.[99]

 

https://en.m.wikipedia.org/wiki/Gun_laws_in_Illinois

 

By law the ISP is “supposed to” maintain a list of towns with copies of their ordinances but it isn’t very accurate IMHO.
https://www.ispfsb.com/Public/Firearms/MunicipalOrdinances.aspx

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As you see, most of these rifle/mag bans in the muni codes are in the NE part of the state (and maybe some places around St Louis) and were passed in the time frame given before the state took preemption. The state also has handgun preemption.

 

IIRC, Cook Co has a 10rd ban on their books and Chicago 15 which are the more popular limits in muni-codes. Any charges Ive read associated have been add-ons in conjunction with other criminal activity charges.

Edited by InterestedBystander
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Today, I received in my regular U.S. mail, my official mail-in Illinois voting ballot. “I had ordered it online through my local board of elections, available in my location”. I rarely vote, but I completed the ballot and will mail it out tomorrow. I found the options and instructions to be user-friendly. Two polling questions which especially caught my attention were “If those with higher incomes should be taxed higher”, but also interesting to me was the question below on my ballot:

 

“Should the State of Illinois restrict the sale or possession of firearms that have been defined as assault weapons or of magazines that can hold more than a certain number of rounds of ammunition?”

 

In my other beliefs to try to mitigate mass shootings, I struggled with that question, despite my owning a few guns already. A beloved civilian relative of mine happened to be involved in a fire fight with a few armed perps who attacked him. He shared that for him, it made a difference that he had more rounds in his magazine, and believes that was why the shooters subsequently fled the scene.

 

I never thought I’d say this again, but from a humble person who was reluctant to vote; “Your voice can be heard my brothers and sisters, which-ever way you vote”.

 

If you are from this area, here’s a link to Chicago Board of Elections for mail order ballots option, or if you can make it to the polls, good for you, and thank you:

 

https://chicagoelections.gov/en/vote-by-mail.html

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(and maybe some places around St Louis)

 

Im curious about this.... Im unaware of anything near St Louis...... not disputing it.... but living in this area Id love to know about any laws Im probably breaking
I am not sure and probably should not have posted conjecture. Given its urban metropolitan area and I thought I had read about a county/city with a ban nearby but I could certainly be wrong and confusing it with someplace else who may have tried passing one and failed. Edited by InterestedBystander
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To all who replied....

I don’t agree with any of the Bans on these so called definitions of firearms and their bans. I am very much hoping that Miller v Becerra case goes to the US Supreme Court and wins. Along with Duncan v Becerra.

 

However, in the mean time, I do have several weapons that I like to travel with that will sometimes fall under these bans, and sometimes they won’t. Go figure. I have several handguns with threaded barrels with muzzle breaks on them.

 

Since I am a traveler, this can pose issues if I am stoped in a routine traffic stop in an area where these might be considered illegal. So I would prefer to know which areas have these stupid AWB’s so that I can make detours around them, and thus keep my spending of dollars out of those areas. If I absolutely must enter one of those areas, I will make arrangements to remain legal.

 

 

Thank you everyone for taking the time to respond.

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(and maybe some places around St Louis)

 

Im curious about this.... Im unaware of anything near St Louis...... not disputing it.... but living in this area Id love to know about any laws Im probably breaking

In my attempt to locate towns with AWB’s and magazine limitations, and the fact I will be in the St. Louis area, the only town I cam across that had additional restrictions and a AWB and magazine restrictions was the town of Swansea. However, the ordinances I read were from prior to 2013. So I don’t know how accurate they are, or if they have been updated.

 

Luckily for me, I won’t be anywhere near the town of Swansea, IL.

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As long as you are traveling with weapons secured in accordance with FOPA (unloaded, locked in a container), you can go anywhere with them, including places with bans. You just can't take them out of the car.

 

That hasn't stopped cops from seizing them in some places, making owners just through hoops to get them back, but I don't think any IL municipalities have ever done so. It's mostly CA, NJ, and NY that subject people to such caprice.

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From the 2017 ISP transporting brochure:

 

IF A NON-RESIDENT IS VISITING ILLINOIS,

HUNTING, OR TRAVELING WITH A FIREARM,

HOW DO THEY LEGALLY TRANSPORT IT?

 

Non-residents are not required to have an Illinois FOID card but must be legally eligible to possess or acquire firearms and ammunition as determined by their home state. In order to comply with Illinois statutes while transporting a firearm, it must be:

1. Broken down in a non-functioning state; or

2. Not immediately accessible; or

3. Unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container.

4. A non-resident who has a valid Concealed

Carry License from their home state may carry

a concealed firearm within a vehicle traveling

through Illinois. If the non-resident leaves

the vehicle unattended, the firearm must be

stored concealed in a case inside the locked

vehicle or locked container within the vehicle

out of plain view. For the purpose of subsection

430 ILCS 66/65(B), a case includes a glove

compartment or console that completely

encloses the concealed firearm or ammunition,

the trunk of the vehicle, or a firearm carrying

box, shipping box, or other container.

 

HOW DO I TRANSPORT A FIREARM

THROUGH AN ILLINOIS COMMUNITY WITH AN

ORDINANCE THAT PROHIBITS FIREARMS OR

HANDGUNS?

 

Illinois Unlawful Use of Weapons Act does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. Per Illinois statute 430 ILCS 65/13.3, every municipality must submit to the Illinois State Police a copy of every ordinance adopted that regulates the acquisition, possession, sale or transfer of firearms. The Illinois State Police publishes a copy of the ordinances submitted on its Department web site at www.ispfsb.com. It is recommended you contact the local municipality regarding their firearm ordinances to ensure you are in compliance.

Edited by InterestedBystander
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From the 2017 transporting brochure:

IF A NON-RESIDENT IS VISITING ILLINOIS,

HUNTING, OR TRAVELING WITH A FIREARM,

HOW DO THEY LEGALLY TRANSPORT IT?

Non-residents are not required to have an Illinois FOID card but must be legally eligible to possess or acquire firearms and ammunition as determined by their home state. In order to comply with Illinois statutes while transporting a firearm, it must be:

1. Broken down in a non-functioning state; or

2. Not immediately accessible; or

3. Unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container.

4. A non-resident who has a valid Concealed

Carry License from their home state may carry

a concealed firearm within a vehicle traveling

through Illinois. If the non-resident leaves

the vehicle unattended, the firearm must be

stored concealed in a case inside the locked

vehicle or locked container within the vehicle

out of plain view. For the purpose of subsection

430 ILCS 66/65(B), a case includes a glove

compartment or console that completely

encloses the concealed firearm or ammunition,

the trunk of the vehicle, or a firearm carrying

box, shipping box, or other container.

HOW DO I TRANSPORT A FIREARM

THROUGH AN ILLINOIS COMMUNITY WITH AN

ORDINANCE THAT PROHIBITS FIREARMS OR

HANDGUNS?

Illinois Unlawful Use of Weapons Act does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. Per Illinois statute 430 ILCS 65/13.3, every municipality must submit to the Illinois State Police a copy of every ordinance adopted that regulates the acquisition, possession, sale or transfer of firearms. The Illinois State Police publishes a copy of the ordinances submitted on its Department web site at www.ispfsb.com. It is recommended you contact the local municipality regarding their firearm ordinances to ensure you are in compliance.

Wouldn’t the FOPA act cover someone who is traveling between two otherwise legal cities in IL through a town that their firearm isn’t legal, providing that they are following the FOPA requirements?

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From the 2017 ISP transporting brochure:

IF A NON-RESIDENT IS VISITING ILLINOIS,

HUNTING, OR TRAVELING WITH A FIREARM,

HOW DO THEY LEGALLY TRANSPORT IT?

Non-residents are not required to have an Illinois FOID card but must be legally eligible to possess or acquire firearms and ammunition as determined by their home state. In order to comply with Illinois statutes while transporting a firearm, it must be:

1. Broken down in a non-functioning state; or

2. Not immediately accessible; or

3. Unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container.

4. A non-resident who has a valid Concealed

Carry License from their home state may carry

a concealed firearm within a vehicle traveling

through Illinois. If the non-resident leaves

the vehicle unattended, the firearm must be

stored concealed in a case inside the locked

vehicle or locked container within the vehicle

out of plain view. For the purpose of subsection

430 ILCS 66/65(B), a case includes a glove

compartment or console that completely

encloses the concealed firearm or ammunition,

the trunk of the vehicle, or a firearm carrying

box, shipping box, or other container.

HOW DO I TRANSPORT A FIREARM

THROUGH AN ILLINOIS COMMUNITY WITH AN

ORDINANCE THAT PROHIBITS FIREARMS OR

HANDGUNS?

Illinois Unlawful Use of Weapons Act does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. Per Illinois statute 430 ILCS 65/13.3, every municipality must submit to the Illinois State Police a copy of every ordinance adopted that regulates the acquisition, possession, sale or transfer of firearms. The Illinois State Police publishes a copy of the ordinances submitted on its Department web site at www.ispfsb.com. It is recommended you contact the local municipality regarding their firearm ordinances to ensure you are in compliance.

Wouldnt the FOPA act cover someone who is traveling between two otherwise legal cities in IL through a town that their firearm isnt legal, providing that they are following the FOPA requirements?
I think so, but IANAL. Edited by InterestedBystander
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As far as handguns which includes AR and AK style pistols, Illinois exclusively controls regulations and municipality and county bans should be considered as voided. However, without case law, this has gone untested. Unfortunately with magazine bans, they do appear to be valid. Illinois failed to include wording in the statutes that would have preempted pistol magazines. Although basically a pistol is useless without a magazine, because it wasnt spelled out, this is what the places that put limits on capacity have latched onto. Common sense would say that because magazines are essential, they should be assumed to be part of the preemption. But the preemption needs to be updated to include magazines in the actual wording.
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As far as handguns which includes AR and AK style pistols, Illinois exclusively controls regulations and municipality and county bans should be considered as voided. However, without case law, this has gone untested. Unfortunately with magazine bans, they do appear to be valid. Illinois failed to include wording in the statutes that would have preempted pistol magazines. Although basically a pistol is useless without a magazine, because it wasnt spelled out, this is what the places that put limits on capacity have latched onto. Common sense would say that because magazines are essential, they should be assumed to be part of the preemption. But the preemption needs to be updated to include magazines in the actual wording.

While it did not make it into the statute and I would be surprised at any amendments being passed, it is my understanding there is a previously posted link to the audio/transcript of ILGA preemption debate which calls out the intent for magazines to be included.

 

Edit: Mag capacity thread http://illinoiscarry.com/forum/index.php?showtopic=75614&do=findComment&comment=1276861

 

SB114 of the 98th General Assembly was the first trailer bill passed on the FCCA.During House debate, in response to questioning by Representative Sullivan intended to define legislative intent, Representative Phelps responded:

Absolutely, Representative. Any unit or local government cannot regulate how you carry a concealed firearm, where you can carry it, what type of ammunition you can carry, how much you carry, the type of sights you use, the size of the magazine. The total and complete regulation of the carrying of a firearm is the sole exclusive jurisdiction of this Body. Regardless of what the aldermen in the City of Chicago think or want, we... we did not give decision makers on this issue, we are. The state only.

House Floor Debate begins at the bottom of Page 16.
Edited by InterestedBystander
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As far as handguns which includes AR and AK style pistols, Illinois exclusively controls regulations and municipality and county bans should be considered as voided. However, without case law, this has gone untested. Unfortunately with magazine bans, they do appear to be valid. Illinois failed to include wording in the statutes that would have preempted pistol magazines. Although basically a pistol is useless without a magazine, because it wasnt spelled out, this is what the places that put limits on capacity have latched onto. Common sense would say that because magazines are essential, they should be assumed to be part of the preemption. But the preemption needs to be updated to include magazines in the actual wording.

Local ordinance that existed prior to passage of, or were adopted within the 10 days following passage of, the FCCA remain in effect for persons who do not possess a FOID card or Illinois concealed carry license.

 

And, as InterestedBystander posted, legislative intent is to include magazines within the preemption that exists for FOID card holders/licensees.

Edited by mauserme
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As far as handguns which includes AR and AK style pistols, Illinois exclusively controls regulations and municipality and county bans should be considered as voided. However, without case law, this has gone untested. Unfortunately with magazine bans, they do appear to be valid. Illinois failed to include wording in the statutes that would have preempted pistol magazines. Although basically a pistol is useless without a magazine, because it wasnt spelled out, this is what the places that put limits on capacity have latched onto. Common sense would say that because magazines are essential, they should be assumed to be part of the preemption. But the preemption needs to be updated to include magazines in the actual wording.

 

Local ordinance that existed prior to passage of, or were adopted within the 10 days following passage of, the FCCA remain in effect for persons who do not possess a FOID card or Illinois concealed carry license.

And, as InterestedBystander posted, legislative intent is to include magazines within the preemption that exists for FOID card holders/licensees.

So are you saying those laws/ordinances that survived the preemption because they were passed before or within those 10 days are basically invalid and not effective for anyone with a FOID and CCW?

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And as far as mag capacities, I understand what the intent was and if common sense was used there should be no question about handgun magazines being a part of the handgun. But sadly without it being spelled out specifically in the statutes, certain locales keyed in on this loophole and crafted capacity limits. It could easily be rectified by adding it in. It's kind of surprising that the statute specifically mentions handguns and ammunition but not magazines. Because there are many aftermarket manufacturers of magazines, they could almost be looked at as an accessory and therefore, outside of preemption. Again, I dont agree but just playing devils advocate and pointing out the thought process of Chicago, Cook County, Aurora, etc. .
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Here is what the preemption says. Read it and let me know what you think.

Well as if states, by licensees.... therefore if you have a CCW, and in the case of. Illinois resident, the additional FOID, and I guess for Non-residents our additional home resident license in place of the FOID. Then is would be valid. Without a CCW/FOID etc... all bets are off. Lol

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This article offers an interesting take on the subject as well.

https://www.gunrights4illinois.com/blog/the-ar15-pistol-in-chicago/

In the article, at the end it mentions Chicago. The. Gives the layman interpretation...

 

Laymans Interpretation: Clearly the city of Chicago acknowledges the preemption language contained within Illinois law. Therefore any bans on handguns would only apply to those who do not have FOID, and simply be redundant since it is already illegal to own or possess firearms without a FOID, thus making it more illegal-er.

 

While an Illinois resident must have a FOID to be legal, a non-resident does not. Providing her has a LTC/CCW from his home state of residence. Which is also required for NON-Resident Illinois CCWs as well.

 

However, a non-resident still doesnt have. FOID. So I wonder where these leaves a non-resident if in Chicago, even if he has his home state of residence LTC and with or without a non-resident Illinois CCW?

 

Otherwise meaning, that the layman interpretation did not make any mention of Non-resident people with their home state LTC with or without a non-resident IL CCW.

Edited by Texasgrillchef
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