Magazine capacity limits

[Stratomaster18]

Hello,

 

I recently took my CCL renewal class and during it the instructor told us about a defensive incident he was involved in (no shots fired) in the city of Chicago.  While he was legal in handling the situation, the CPD were giving him a hard time and trying to charge him with having mags that exceeded Chicago's limit.  Based on the information presented to me when I was originally licensed, I thought that handguns were preempted under the CCL law thus making these mag limits inapplicable if you have a CCL.

 

Can someone shed some like on this issue for me?  Did CPD have their wires crossed on this info or do it?

 

Thanks!

[soundguy]

When did this happen?

What size magazine did he have?

How did he get out of being charged?

 

Chicago has a 15 round limit on the books. Before McDonald it was 12. It would not surprise me that CPD might not know the law... or even what Chicago's magazine limit is/was.

[Euler]

If the cops seize your mags as contraband, even in error, you'd have to sue to get them back, which would cost more than just buying new mags. That's the game.

 

However, then the cops would also have to fill out forms and file reports. If they're already doing that because they arrested you for something else, it's no big deal for them. But if you're not under arrest, it's extra work they don't want to have to do. That's the game, too.

 

Some people assert that the 15-round limit is criminally enforceable despite state preemption. Some (like me) would assert that it's not. How many hours of a lawyer's time is it worth to you to be right?

 

Carry what you want. If it saves your life, it's worth the hassle.

[Bubbacs]

The answer lies somewhere in between here and.......

 

While he was legal in handling the situation, soooo they didn’t think he was a criminal and therefore was legal.

Annnnd since they wanted to charge him but didn’t Annnd they didn’t take his mags, there is no law which he broke!

im not sure but iirc there hasn’t been anyone actually charged with a mag issue that wasn’t attached to a already other event which triggered the mag question. Annnnd then, the charges for the mag were dropped! It’s the thought around the water cooler that they would NOT want to charge for a mag issue only to have it go to court and they lose. So it’s word of mouth and those that believe one way do this, and those that think another way do that.

 

Good Luck and Welcome to the Forums

 

[Rmac702]

And Cook County still has a 10rd limit on the books.  My FFL, just a few weeks ago,  said it was still legal after the CCL act.  I didn't want to argue with him.

[Bubbacs]

On 9/8/2021 at 9:13 AM, Rmac702 said:

And Cook County still has a 10rd limit on the books.  My FFL, just a few weeks ago,  said it was still legal after the CCL act.  I didn't want to argue with him.

Hard to argue with someone who believes one thing and can’t read the other thing. It’s a art form don’t cha know!

[captdan]

USCCA

 

MAGAZINE LIMITS FOR HANDGUNS? Does Illinois have magazine capacity restrictions for handguns?

No. Although local municipalities imposed magazine limits in the past, the state now has preemption for all handgun laws and has no magazine limits.

[SiliconSorcerer]

Exactly correct, you can legally put a 50 round drum magazine in your glock (ANY HANDGUN) and printing is not illegal, you will however have to ask you local gang member where he got his.

 

[thepointbeing]

Wilson et al v. Cook County US Court Appeals 7th.pdf

[SiliconSorcerer]

"Cook County residents brought a Second Amendment challenge to Cook County's ban on assault rifles and large-capacity magazines" 

For firearms with the exclusion of handguns, magazine capacity on handguns is unlimited anywhere in the state, even a AR-15 pistol with a 30 round. 

 

[Stratomaster18]

Thank you all for your help with this.  This was my original understanding but then I started second guessing myself after hearing that in my class.