High Cap Mags and Training In Cook County

[BigJim]

I live in Kane County. My carry weapon (S&W M&P) uses what Cook County calls "high capacity" magazines. Am I legally allowed to bring my weapon to a CC class held in Cook County?

[splitime]

I'm not a legal guy, so take this with a grain of salt. But the CCW law has pre-emptd any laws pertaining to pistols, including hicap bans.

[defaultdotxbe]

There is much debate over whether the mags are preempted or not, personally I don't think they are

 

That said, AFAIK the Cook ban is not being enforced so I think you would be OK

[McCroskey]

All handguns and handgun ammo is preempted by the state. A magazine is part of a handgun and required for the handgun to operate normally.

[defaultdotxbe]

The prevailing legal precedent throughout the country is that firearms and magazines are regulated separately. For example a Glock 17 is legal in Chicago but the standard magazines for it are not.

 

Since 10 round magazines exist for most firearms it's difficult to argue any gun actually REQUIRES a standard capacity magazine to function

 

The FCCA does not explicitly preempt magazines, that along with the legal precedent of separate regulation makes me think any litigation on it will probably work against us.

 

Via subspace carrier wave from SGS-3

[kster]

i thought Cook County amended "hicap" to be more than 15rounds.

 

n/m that's for fixed magazines

[defaultdotxbe]

i thought Cook County amended "hicap" to be more than 15rounds.

 

n/m that's for fixed magazines

Chicago upped their cap from 12 to 15 but Cook remains at 10

 

Via subspace carrier wave from SGS-3

[BigJim]

Guess I will buy a 10 round mag just to be safe.

 

Sent from my SPH-L710 using Tapatalk 4

 

 

[handyflyer]

Maxon's in Cook County sells standard capacity magazines.

[Frank]

All handguns and handgun ammo is preempted by the state. A magazine is part of a handgun and required for the handgun to operate normally.

 

+1, that's my opinion, too.

 

But the only opinion that matters in the end, is the judge's.

 

-- Frank

[03rev]

All handguns and handgun ammo is preempted by the state. A magazine is part of a handgun and required for the handgun to operate normally.

 

+1, that's my opinion, too.

 

But the only opinion that matters in the end, is the judge's.

 

-- Frank

 

A magazine is a part of the gun without it it would not function properly.

[defaultdotxbe]

A magazine is a part of the gun without it it would not function properly.

I don't think that argument would hold up in court since a gun will function just fine with a low capacity magazine

 

I'm not endorsing, advocating (or even obeying) the Cook ban but I just think people should know its not a simple open-and-shut case before they choose civil disobedience lol

[03rev]

Since you think they are separate... Do you think Chicago and cook could ban all magazines and get away with it just like lasers.

[defaultdotxbe]

Since you think they are separate... Do you think Chicago and cook could ban all magazines and get away with it just like lasers.

No, since then the argument that a firearm needs a magazine to function becomes valid. As it stands the argument would have to be "the firearm needs a >10 round magazine to function" to be valid

[03rev]

Since you think they are separate... Do you think Chicago and cook could ban all magazines and get away with it just like lasers.

No, since then the argument that a firearm needs a magazine to function becomes valid. As it stands the argument would have to be "the firearm needs a >10 round magazine to function" to be valid

 

But if they can regulate it why can't they ban it?

[kevinmcc]

All handguns and handgun ammo is preempted by the state. A magazine is part of a handgun and required for the handgun to operate normally.

 

I believe the judge will agree that a magazine is only a part and not ammunition nor a handgun by definition.

 

You have to specifically spell out everything for the courts.

 

But I'll probably be one some day testing this as I go to Schaumburg often.

[defaultdotxbe]

Since you think they are separate... Do you think Chicago and cook could ban all magazines and get away with it just like lasers.

No, since then the argument that a firearm needs a magazine to function becomes valid. As it stands the argument would have to be "the firearm needs a >10 round magazine to function" to be valid

 

But if they can regulate it why can't they ban it?

Same reason IL can regulate carry but not ban it

IL can regulate firearms but not ban them

Under Heller/McDonald Chicago could regulate handguns but not ban them

[BigJim]

If you are going into Cook County can you take a "high capacity" mag and only load 10 rounds in it and be legal? After all, if a handgun capable of holding a mag that holds over 10 rounds is legal in Cook if it has a 10 round mag would a higher capacity mag be legal if it held 10 or less rounds? My head hurts from typing that.

[pacorocco]

Can someone post where and when Chicago upped their magazine restriction to 15 rounds from 12 rounds? Everything I find online and states that the current mag restriction is 12 rounds.

[Capt_Destro]

I want to face palm honestly.

1)It was discussed prior to the bill being voted on that handgun magazines would be pre-empted.

2) The magazine law isn't enforced, and I don't believe anyone has ever been charged under it,

3) If you are coming in from out of county, technically you are transporting a firearm and it's magazines which pre-empts you from county restrictions.

4) It can be argued an incorporated municipality is exempt from Cook County Law, let alone a home rule community. So the place you are getting your training at is probably not part of Cook County's ban to begin with.

 

Anything involving pistols can only be regulated at a state level. I'm going to own what ever capacity pistol magazines I want personally. Anyone being charged under the ordinance would be hurting Cook County. You might try to argue that cook/Chicago are not seeing it that way in regards to pre-emption.

-Cook County tried acting like the 7th's ruling was not applicable.

-Cook and Chicago still banned certain pistols that are pre-empted.

-Chicago and lasers..

-Chicago is trying to extort businesses into banning carry through withholding liquor licenses.

 

I'm going to thumb my nose at their unconstitutional laws and ordinances that directly contradict a state law with pre-emption.

[kevin134]

I'm taking the class this weekend in Cook County and the gun I'll use has 13 round capacity and I don't have 10's. I know Midwest in Lyons is NOT regulating what size of mag you can use and the Cook County ban is currently unenforceable until they are done in court(only if they win). As for the Chicago law it does state 15, but also states later that nothing in the bill can preempt state law(not an exact quote)

[Dr. G]

The state CCW law preempts any and all restrictions regarding handguns and magazines. This does not apply to long guns, but only the state can regulate anything regarding handguns.

[WindyCityGuy]

I'm not a legal guy, so take this with a grain of salt. But the CCW law has pre-emptd any laws pertaining to pistols, including hicap bans.

 

I wouldn't bet on that.

[WindyCityGuy]

The state CCW law preempts any and all restrictions regarding handguns and magazines. This does not apply to long guns, but only the state can regulate anything regarding handguns.

 

That is not true. The state CCW law NEVER mentions magazines. You should be careful with the statements you make.

[lockman]

Your pistol is fully preempted, but watch out all the individual parts are not? The magazine is as essential to the proper function of a semiauto pistol as is the trigger spring or ejector.

 

No legal ramblings here just stating the obvious.

[WindyCityGuy]

Your pistol is fully preempted, but watch out all the individual parts are not? The magazine is as essential to the proper function of a semiauto pistol as is the trigger spring or ejector.

 

No legal ramblings here just stating the obvious.

 

You are absolutely right. But as previous posters have stated you have a variety of magazine sizes available that will satisfy both (i) the ability for your firearm to function AND (ii) satisfy a jurisdictions capacity limits. There is plenty of legal precedent on this. The fact that the law did not explicitly state the preemption applied to magazines was a huge fail. Posters on here that state magazine capacities have been preempted are out of their minds.

[03rev]

Your pistol is fully preempted, but watch out all the individual parts are not? The magazine is as essential to the proper function of a semiauto pistol as is the trigger spring or ejector.

 

No legal ramblings here just stating the obvious.

 

 

 

You are absolutely right. But as previous posters have stated you have a variety of magazine sizes available that will satisfy both (i) the ability for your firearm to function AND (ii) satisfy a jurisdictions capacity limits. There is plenty of legal precedent on this. The fact that the law did not explicitly state the preemption applied to magazines was a huge fail. Posters on here that state magazine capacities have been preempted are out of their minds.

 

Todd has said more than once that magazines are preempted.

[WindyCityGuy]

Your pistol is fully preempted, but watch out all the individual parts are not? The magazine is as essential to the proper function of a semiauto pistol as is the trigger spring or ejector.

 

No legal ramblings here just stating the obvious.

 

 

 

You are absolutely right. But as previous posters have stated you have a variety of magazine sizes available that will satisfy both (i) the ability for your firearm to function AND (ii) satisfy a jurisdictions capacity limits. There is plenty of legal precedent on this. The fact that the law did not explicitly state the preemption applied to magazines was a huge fail. Posters on here that state magazine capacities have been preempted are out of their minds.

 

Todd has said more than once that magazines are preempted.

 

Todd saying they are preempted doesn't make it so. My brother is an Assistant States Attorney in Cook County and he says differently. If you feel like taking the chance go ahead. I sure wouldn't.

[Capt_Destro]

Cook county is "special" and I wouldn't take them seriously no offense.

[03rev]

Cook county is "special" and I wouldn't take them seriously no offense.

 

I could care less what Chicago and cook county rules are.