legal in cook county?


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biggmacc
October 21, 2009, 11:29 PM
Hello everyone, I was looking to buy a .22 rifle either a colt m4 ops or Smith & Wesson m&p15. But I'm not sure if they are legal in cook county, in Illinois. If anybody can help me out I'd appreciate it,thanks.

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mptrimshop
October 21, 2009, 11:31 PM
where do you live in cook county......it's illegal to have a fire arm if you live in Chicago city limits.

biggmacc
October 21, 2009, 11:40 PM
I live in streawood I can own pistols here and rifles, but not sure if those rifles fall into the assault weapons ban, but there is a shop in cook county that says they sell the colt

mptrimshop
October 21, 2009, 11:42 PM
there is no .... "assault weapons ban" your all good bro buy away!!!

BluesDancer
October 21, 2009, 11:43 PM
I live in Cook county, and I believe you can. Here is the breakdown of what I know:

If you look up cook county ordinances, it would lead you to believe that it is illegal to own a semi-automatic rifle in all of cook county, with the exception of Des Plaines because they have exercised home rule over the Blair-holt assault weapons ban. However, I went to a gun shop that was in Cook County, but NOT in Des Plaines - and saw that they carried semi-auto rifles. Therefore this leads me to believe that semi-auto rifles are legal in most places of cook county outside of the chicagoland area. However, I would not take my word for it - I will give you some phone numbers (second phone number is the gun shop I mentioned above, which is not in Des Plaines) to call to ask more knowledgable people:

Maxons Gun Shop, Des Plaines, IL - Phone: 1-847-298-4867
A Gun Shop whose name I forgot, Mount Prospect, IL: 1-847-956-1133

NukemJim
October 22, 2009, 06:33 AM
there is no .... "assault weapons ban" your all good bro buy away

Uhmm If there is now AWB then would you please explain the following ?

06-O-50

ORDINANCE

Sponsored by

THE HONORABLE LARRY SUFFREDIN, COUNTY COMMISSIONER

Co-Sponsored by

THE HONORABLE JOHN P. DALEY AND JOAN PATRICIA MURPHY

COUNTY COMMISSIONERS



Amendment to the

“Cook County DEADLY WEAPONS DEALER CONTROL Ordinance”



WHEREAS, the Federal assault weapons ban, of the Violent Crime Control and Law Enforcement Act of 1994, as amended, 18 USC Sec. 921 et seq. expired on September 13, 2004; and



WHEREAS, the County Board desires to (1) amend Ordinance 93-O-37, as amended by Ordinance 93-O-46 and Ordinance 99-O-27, Article I, Section 1-2 by striking and deleting language in section 1-2; and (2) amend Ordinance 93-O-37, as amended by Ordinance 93-O-46 and Ordinance 99-O-27, Article VI, by deleting and adding language as stricken through and underlined below.



NOW, THEREFORE, PURSUANT TO THE HOME RULE AUTHORITY OF THE COOK COUNTY BOARD OF COMMISSIONERS, AS VESTED IN IT BY THE ILLINOIS CONSTITUTION OF 1970, HEREBY AMEND PORTIONS OF THE ORDINANCE, AS FOLLOWS:



ARTICLE I. GENERAL PROVISIONS



Section 1-2 Applicability.



(a) This article shall control the licensing of all firearms dealers within Cook County except in home rule municipalities which have a separate municipal ordinance specifically regulating the licensing of firearms dealers.



(b) Pursuant to Article VII, Section 6(c) of the 1970 Constitution of the State of Illinois, if this article conflicts with an ordinance of a home rule municipality, the municipal ordinance shall prevail within its jurisdiction.



ARTICLE VI. ASSAULT WEAPONS BAN



Section 6-1 Definitions.



As used in Article VI of this Ordinance, the following terms shall have the following meaning:



(a) “Assault weapon” means:



(1) A semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:





(A) Only a pistol grip without a stock attached;



(B) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;



(C) A folding, telescoping or thumbhole stock;



(D) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or



(E) A muzzle brake or muzzle compensator;



(2) A semiautomatic pistol or any semi-automatic rifle that has a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;



(3) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:



(A) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;



(B) A folding, telescoping or thumbhole stock;



(C) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;



(D) A muzzle brake or muzzle compensator; or



(E) The capacity to accept a detachable magazine at some location outside of the pistol grip.



(4) A semiautomatic shotgun that has one or more of the following:



(A) Only a pistol grip without a stock attached;



(B) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;



(C) A folding, telescoping or thumbhole stock;



(D) A fixed magazine capacity in excess of 5 rounds; or



(E) An ability to accept a detachable magazine;



(5) Any shotgun with a revolving cylinder.



(6) Conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person;





(7) Shall include, but not be limited to, the assault weapons models identified as follows:


(A) The following rifles or copies or duplicates thereof:



(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;



(ii) AR-10;



(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;



(iv) AR70;



(v) Calico Liberty;



(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;



(vii) Fabrique National FN/FAL, FN/LAR, or FNC;



(viii) Hi-Point Carbine;



(ix) HK-91, HK-93, HK-94, or HK-PSG-1;



(x) Kel-Tec Sub Rifle;



(xi) Saiga;



(xii) SAR-8, SAR-4800;



(xiii) SKS with detachable magazine;



(xiv) SLG 95;



(xv) SLR 95 or 96;



(xvi) Steyr AUG;



(xvii) Sturm, Ruger Mini-14;



(xviii) Tavor;



(xix) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or



(xx) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).



(B) The following pistols or copies or duplicates thereof:



(i) Calico M-110;





(ii) MAC-10, MAC-11, or MPA3;



(iii) Olympic Arms OA;



(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or



(v) Uzi.



(C) The following shotguns or copies or duplicates thereof:



(i) Armscor 30 BG;



(ii) SPAS 12 or LAW 12;



(iii) Striker 12; or



(iv) Streetsweeper.



(b) “Assault weapon” does not include any firearm that has been made permanently inoperable, or satisfies the definition of “antique firearm,” stated in this Ordinance, or weapons designed for Olympic target shooting events.



(c) “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.



(d) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include the following:



(1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.



(2) A 22 caliber tube ammunition feeding device.



(3) A tubular magazine that is contained in a lever-action firearm.



(e) “Muzzle brake“ means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.



(f) “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.



Section 6-2 Assault weapons and large capacity magazines - Sale prohibited - Exceptions.



(a) No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine. This subsection shall not apply to:





(1) the sale or transfer to, or possession by any officer, agent, or employee of Cook County or any other municipality or state or of the United States, members of the armed forces of the United States; or the organized militia of this or any other state; or peace officers to the extent that any such person named in this subsection is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine and does so while acting within the scope of his or her duties;



(2) transportation of assault weapons or large capacity magazine if such weapons are broken down and in a non-functioning state and are not immediately accessible to any person.



(b) Any assault weapon or large capacity magazine possessed, sold or transferred in violation of subsection (a) of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of Section 6-2 of this Ordinance.



(c) Any person found in violation of this section shall be sentenced to not more than six months imprisonment or fined not less than $500.00 and not more than $1,000.00, or both.



(d) Any person who, prior to the effective date of the ordinance codified in this Ordinance, was legally in possession of an assault weapon or large capacity magazine prohibited by this section shall have 90 days from the effective date of the ordinance to do any of the following without being subject to prosecution hereunder:



(1) To remove the assault weapon or large capacity magazine from within the limits of the County of Cook; or



(2) To modify the assault weapon or large capacity magazine either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon or large capacity magazine; or



(3) To surrender the assault weapon or large capacity magazine to the Sheriff or his designee for disposal as provided below.



Section 6-3 Destruction of weapons confiscated.



Whenever any firearm or large capacity magazine is surrendered or confiscated pursuant to the terms of this Ordinance, the Sheriff shall ascertain whether such firearm is needed as evidence in any matter.



If such firearm or large capacity magazine is not required for evidence it shall be destroyed at the direction of the Sheriff. A record of the date and method of destruction an inventory or the firearm or large capacity magazine so destroyed shall be maintained.



Approved and adopted this 14th day of November 2006.



Also IIRC correctly firearms can be added just by some county official (Do not recall who offhand) without legaslative input.

I also understand that there are some areas/cities in Cook Count where this law does not apply. I do not understand that part. IANAL and would check with one first.

NukemJim

biggmacc
October 24, 2009, 04:19 AM
So I called the state police and they said if a dealer in Illinois sells it it's legal in Illinois and hung up,but what about cook county? Maxons said they are legal in c.c

Ohio Gun Guy
October 24, 2009, 07:56 AM
makes me sick that this goes on in the US.

Sounds like an infringement to me!:fire:

mjrothjr
October 24, 2009, 08:24 AM
I think it depends on whether a local municipality has home rule powers. The assault weapons ban applies in all unincorporated areas of Cook County, but not necessarily within the boundaries of municipalities that are home rule municipalities under the Illinois constitution.

biggmacc
October 25, 2009, 08:49 PM
Well just got back from cabela's and they had both rifles for sale and its cook county, ***? I don't get it if these rifles fall in the "assault " category why would they be sold in cook county? Well I also called a gun shop across the street from the Chicago city limits and they said they are illegal and that they only carry hunting rifles. I will call the village tomorrow and see what they say

danbrew
October 25, 2009, 09:34 PM
It's pretty simple - possession and sale are two completely different things. You can run down to the Cabela's in Hoffman Estates (which is in Cook County) and they'll sell you whatever. Rifle, shotgun, pistol, scary gun, whatever. You happen to reside in Cook County? You've got some screwed up gun laws there. They'll arbitrarily tell you that what you just bought is bad.

I've got many friends in Cook County that have lots of pistols. Of course I live in Kane County...!

:D

BrianB
October 25, 2009, 10:04 PM
My suburb in Cook County enforces their home rule rights. The local PD informed me that in the Village Limits, they consider me under state law, not Cook County ordinances. I don't know about Streamwood, but am sure the local PD would let you know their stance.

biggmacc
October 26, 2009, 12:21 AM
What exactly does this mean
(d) “Large capacity magazine” means any capacity to accept more than 10 rounds, following:(1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.(2) A 22 caliber tube ammunition feeding device.(3) **A tubular magazine that is firearm
So you think I should call the police station and ask
them any questions I have? Also is there a site where I can find out what city's and village have handgun ban? Thanks

rikman
October 26, 2009, 01:04 AM
biggmacc,

From the ISP website, I don't see any ordinances for Streamwood.

http://www.isp.state.il.us/foid/ordinances.cfm

Rikman

stickhauler
October 26, 2009, 02:51 AM
Truckers are not allowed to use radar detectors in trucks, every truck stop sells them, even in states where they're illegal in every vehicle, like Virginia. The truck stops also sell 10 meter radios (Ham Band radios), they're illegal for use by unlicensed radio operators. Most truckers use them, and most stay on the citizens band frequencies, some don't.

Just because someone sells it legally doesn't mean it's legal for you to own and use.

I see people selling parts to convert semi-auto rifles to full auto fire, they're illegal unless you pay for the tax stamp for full auto parts. Even if I can buy it it sure as hell don't mean I can legally possess it.

gorak
December 4, 2009, 03:43 AM
Yeah this is all very confusing. Maxon's sells AR-15 Type Rifles, and high capacity AR magazines, and allows you to shoot an AR type rifle at their range. You would think that these are also covered under the ban and that if Des Plaines did not have home rule that they would not be allowed to sell them. However anytime I or anyone else ask about bringing an AK type rifle to shoot at their range they simply state "No, AK's are Illegal in Cook County." So Des Plaines is either home rule, or cook county is only enforcing the Ordinance with the exact list of rifles that are listed under the ban.

psi2941
December 8, 2009, 03:45 AM
basically yes there is an AWB in cook county but no one enforces it. So most likely if you get stop by a cop in cook county play it safe and say no to searches. Second don't piss off the cop because i have not heard a single person get arrested or fined from this law and i'm sure u don't want to be the first.

if you going to call your local police department call from a different phone

seanie!
December 8, 2009, 02:14 PM
Yeah this is all very confusing. Maxon's sells AR-15 Type Rifles, and high capacity AR magazines, and allows you to shoot an AR type rifle at their range. You would think that these are also covered under the ban and that if Des Plaines did not have home rule that they would not be allowed to sell them. However anytime I or anyone else ask about bringing an AK type rifle to shoot at their range they simply state "No, AK's are Illegal in Cook County." So Des Plaines is either home rule, or cook county is only enforcing the Ordinance with the exact list of rifles that are listed under the ban.
As a Cook County resident, you can purchase any weapon listed under the AWB for Cook County, but you cannot legally possess it in Cook County.

biggmacc
December 8, 2009, 08:06 PM
(a) No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine.

There is a bunch of shops in cook county selling them,o well I'm still getting one.I'd rather be caught with it, than caught with out it.
I called the village and left a message in the Sargent's voicemail but he never returned my call to my 773 area code cellphone.
I wonder if my xd40 is considered an assault weapon? it holds 12 in the clip.

psi2941
December 10, 2009, 04:49 AM
I bought my hand gun in cook county (XDM) it came with 2-16mag clip. with that said YES the law is in the books but NO one enforces it. With that said don't be careless! don't say yes to searches and reduce your contact with the cops.

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