Beretta CX 4 Storm: Legal in Cook County IL?

[TheUglyHare]

Does anyone know if the CX 4 Storm is banned in Cook County IL? I've heard and read conflicting answers. Some say it is legal, some say it is banned due to the “thumbhole” provision under the Cook County AWB (which I've copied below). The high point carbine (which appears similar in operation to the CX4) seems to be banned by name, so was the CX 4 not around when they wrote the law, or is it fundamentally different in some way? I've seen the CX 4 available in stores here, so I was wondering if anyone knew more about this?

Thanks,
TUH



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DIVISION 4. ASSAULT WEAPONS

Sec. 54-211. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 ten 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.
"Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of "antique firearm," stated in this section, or weapons designed for Olympic target shooting events.
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.
Large capacity magazine means any ammunition feeding device with the capacity to accept more than ten 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 ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.
Muzzle brake means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
Muzzle compensator means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(Ord. No. 93-O-37, § 6-1, 10-19-1993; Ord. No. 93-O-46, § 6-1, 11-16-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 3(6-1), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)

 

[Samuraigg]

Where in Cook County do you live? Some areas are home ruled and have their own firearms provisions, so the AWB doesn't apply there. That could also explain why you may have seen the CX4 in Cook County gun stores. I can buy an AR 15 from the gun shop in Tinley Park (Cook County) and those are definitely illegal in Cook, but we are home ruled here.

 

[Francisco2]

The laws of the entire state are screwed up. Home rule screws things up even more. The firearms transportation laws are further screwed up because of home rule. So, to get back on topic, In unincorporated Cook County the CX4 Storm is illegal since the elections last year. Remember the last question on the ballot card? Now, certain municipalities that have home rule will allow the possession and sale within their limits. Like Samuraigg stated, in Tinley Park an AR-15 is legal but not in other parts of the county. A CX4 is legal in Lyons but not in McCook which is right next to it. I'll complicate it even more. Cook county has a 10-round magazine limit but most municipalities don't due to home rule. Gun stores all around the county can sell normal capacity just not in unincorporated Cook County. Now if I mix in Chicago gun laws it gets wierder. The county ten round mag limit does not affact the internet sale of magazines up to 12 rounds contradicting that law. My Benelli m4 with a standard stock is legal and registerable per local ordinance but not if I swap out the stock with the grip.

 

[TheUglyHare]

Samuraigg - I live in the northern suburb of Skokie.

Francisco2 - Yes I believe I do remember that question - I thought starting off the question with "for the health and safety of children..." was a little shameless on their part.

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So what I gather from what both of you are telling me is that if I were to buy one of these at a reputable store I would probably be in the clear, but I would be in violation if I crossed into Cook county forest preserve land, and any other suburb that bans this weapon, or is not populated enough to have homerule, on my way home?

I didn't realize that municipal homerule could override county law like that.

Thanks,

TUH

 

[Francisco2]

There is a portion in the County AWB that states that it does not affect the laws of municipalities with home rule.

 

[Mannix]

Wow, am I happy Minnesota has state preemption.

So there's an AWB in place in Cook county but municipalities that have a high enough population can pass laws that override the county AWB?

And is it just me, or is their definition of a magazine the definition of a bolt?

the function of which is to deliver one or more ammunition cartridges into the firing chamber

 

[Autolycus]

SamuraiGG nailed it in his post. It depends on where you live. I lived in Orland Park until I moved for school. I believe high-cap mags are legal there. You all are talking about Freddy Bear up in Tinley right?

 

[Neo-Luddite]

Wake me when someone gets charged with either the AW ban in Cook Co. or the mag ban. The only ones effected were the gun shops driven out of business--THEY had to obey the law. The laws aren't worth the paper they are written on, and everyone knows it. Todd Stroger and his ilk really don't have the power to override the Constitution of the State of Illinois at will. The fascist-state mentality of that region, where I grew up, sickens me.

That said, a question of whether something is a Cook Co. legal firearm is probably best answered in practical terms---is there a gun shop there that will sell you one? They have pondered the fine print better than most.
But still, the answer will never be final--the county may zone you out whenever it wants to.

 

[glockman19]

Yes it should be