Schaumburg Illinois gun laws (Please Help)

[Desert Scorpion]

Hi, I am moving to Schaumburg Illinois in cook county in 5 months and was wandering if it is legal to purchase or posses an handgun and assault type weapons such as semi auto AK's and AR15's. I know there is a ban on handguns and assault weapons in Chicago but heard that small jurisdictions have what is know as HOME RULED laws. Can anyone lead me in the right direction on legal aspects there?

 

[cyclist]

What state do you live in now?

I believe there is an Illinois based firearms rights group, plus the NRA web site has info for the state level. As for local jurisdiction you might be better off contacting the local authorities there before you get there and find out if that is really where you want to live.

For me, personally, I'd rather not live in a state where local municipalities can enact laws stricter than the state level laws. Makes it very difficult to know what is legal where and opens one up to accidental violations.

 

[ilbob]

cook county has banned so called AW.

municipalities are supposed to submit any local gun laws to the ISP and they then publish them on their web site. I am told there are a fair number of municipalities that do not bother to send in their gun ordinances.

http://www.isp.state.il.us/docs/ordinances/schaumbu.pdf

it appears schaumberg has not preempted the cook county ban.

 

[cyclist]

Found this firm with a quick google search:
http://www.chicagocriminallaw.com/PracticeAreas/Weapons-Charge.asp

 

[Megistopoda]

Sir:

You have hit on a very sore and contentious subject.

Please refer to Chapter 54, Article III of the following: http://www.municode.com/Resources/gateway.asp?pid=13805&sid=13

Regarding Schaumberg speficially, the village IS a home rule municipality within Illinois. However, unless the Village has a home rule ordinance regarding firearms that conflicts with the county ordinance (i.e. one that specifically allows the so-called "assault weapons"), then I believe that Schaumberg is subject to the Cook County ordinance.

See here:

Sec. 54-92. 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.(Ord. No. 93-O-37, § 1-2, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(1-2), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)

Regarding handguns, they are completely legal in Schaumberg, as long as the magazines in possession are reduced capacity (10 rounds or less).

This ban is contentious....some people argue that ANY home rule municipality is exempt from the County ordinance. I cannot see how that is true, or defensible. However, and on the other hand, Cook has had an "assault weapon ban" since 1993. How many people have been charged with violating that ban, during these 14 years? Zero. Thus, some argue that it's selectively enforced, at best, and that unless you are committing a crime with a banned weapon, you will not be charged or subject to arrest. Violation is a misdemeanor.

Moreover, you should know that you cannot be charged with possession of a banned firearm anywhere in Illinois if you use that firearm for lawful defensive purposes. Thus, the law is strange....it's illegal for you to possess it (e.g., an AK with 30 round mag) but if you use it in lawful defense per the IL Criminal Code, you cannot be charged with possessing the firearm illegally.

Welcome to Illinois.

 

[scout26]

Please see my location line.

 

[Anotherguy]

If you have the choice you might want to consider moving to Hoffman Estates instead of Schaumburg. It is right next to Schaumburg and the city council of Hoffman Estates passed an ordinance which preempts the Cook County AWB to accomodate the brand new Cabela's in Hoffman Estates. I'm not 100% sure but I believe it was one of the conditions required by Cabela's in order for them to build their new store there.

 

[Neo-Luddite]

No one has, or likely ever will, be charged under the annoying little bill that "Toddles" Stroger passed with his gang. It is not worth the paper it is written on. Neither are they and their ilk. That said, if you *MUST* live in Babylon, don't run down the street telling the locals you have standard cap mags or an AR. If you actually defended yourself with a 'banned' weapon, you would likely not get it back--but the gun itself wouldn't be an issue.

That said, Schaumburg does have an Ikea--that's about it. Move further north, to the other 'Downstate' Illinois if you must live here. Indiana is nicer.

 

[orionengnr]

Hi, I am moving to Schaumburg Illinois in cook county in 5 months

Actually, it's Crook County. Once you live there three months or so you will have plenty of evidence.

I left Rolling Meadows about four years ago. Great neighbors, nice parks, good place to live. I miss a lot of things about it.

I don't miss the Daly-inspired, Blagojevich-supported, Crook County corrupt politician/virulently anti-gun political climate. Oh, and did I mention Dick Durbin and Barack Obama as Senators?

As much as I miss Illinois, I will never return until these crooks are displaced. Not that it will happen within my lifetime...

 

[mballai]

If you live in unincorporated Cook County, you are definitely subject to the potential full wrath of the Cook AWB. AKs have been on the ban list forever. AR-15s and high caps are new to the list and still subject to an ISRA led legal fight with Cook County since the board violated Illinois state law in passing the law's amendment without having it subject to review--like Daley did with Meigs Field in the middle of the night.

Dupage County is still safe.

 

[ShunZu]

If the rest of the nation goes the way of Illinois, I'm moving to friggin Mexico.

 

[Gator]

Hi, I am moving to Schaumburg Illinois in cook county in 5 months

You have my sympathies sir. Living in Crook Co. IL is one short step up from being in prison. My escape is planned for July '08 Can't you go to the DuPage part of Scumburg?

 

[mike101]

Schaumburg is too damned close to Chicago. Run away!

 

[Autolycus]

Try to move into Hoffman Estates as someone else suggested. Its a nice area. I would join ISRA and the NRA. Also check out www.icarry.org for some good information on how to get active here in Illinois.

 

[Desert Scorpion]

Thanks for the good response!!! My other question was if I posses a valid FOID Card and Illinois Drivers Lic can I purchase a gun prefurably an ar-15 anywhere in the state of IL where there is no AWB (Outside of Chicago's borders). Or am I limited to purchase only within Schaumburg since I am a Village reident. I am acctually moving to Las Vegas next year and am staying in Illinois for the next 8 months for work purposes. I currently live in a state right now which has it's own AWB. I have always wanted to own my own AR-15 and will no doubt buy one when in Vegas, but I would like to get it sooner becasue I am afraid by the time I move to Vegas all AR's will be banned in the entire country becasue of next years Presidential ELections. So basically can I buy my AR-15 outside of chicago borders where they are legal then mail it to a close relative in texas for storage till I move out of IL.

 

[Autolycus]

You should be good to buy an AR-15 outside of Cook County limits. Some gunshops maybe hesitant to sell it to you but otherwise you should be good.

 

[scout26]

You can buy firearms anywhere within Illinois if you are a resident and have a valid FOID card. However, if you have a Cook County address, most (if not all) FFL's will sell NOT you an AR, EBR or anything covered under Cook County's AWB. And if they do, expect the CAGE unit to be waiting for you on your doorstep when you return home.

You may have to work in Schaumburg/Cook County, but live in DuPage County.

 

[Desert Scorpion]

Well forget that idea I guess I have to hope they will still be legal on the federal level when I move to Vegas. Thanks guys

 

[Neo-Luddite]

...most (if not all) FFL's will sell NOT you an AR, EBR or anything covered under Cook County's AWB.

None I've ever dealt with--who won't?--name their names--they deserve a smart pranging and loss of revenue. They are of that class of of stool sitters who like to say 'no' (what law was it that someone coined here on THR?). Sure, they should be gentlemen and explain the CAGE unit, etc.--but what Cook County does isn't their concern.

After all, even Mayor Daley kept a shotgun up at his cottage in Michigan City, and we all know about that...
Guns might be stored anywhere where lawful

 

[Gator]

No, don't forget that idea. Check out Village Sports in Arlington Heights (not far from Scumburg). He currently has several very nice used ARs in stock, he's also a retailer for Krebs Custom AKs. He can get SIGs, Galils, DSAs, etc too. I have never had any Cook County dealer question a purchase.

 

[NukemJim]

None I've ever dealt with--who won't?

Forget the name of the store, it is on the south side of Rt 30 near Megasports and The Gun shop, sells safes and firearms. It has been 2 years since I stopped in there but he would not sell to people with a Chi address for any handguns and now EBRs to anyone with a Cook County address.

I have also heard this from some other gun shops cannot recall which ones.

NukemJim

 

[Gator]

I think the answer, paradoxically, is to buy your AR from a Cook county dealer who knows the score, rather than a dealer in another county who doesn't want to bother to learn what's what.

 

[scout26]

Remember that all FFL's call in the NICS check to the ISP who instantly tells the Chicago PD of anyone with a Chicago address who buys a handgun/EBR and the Cook County Sheriff of anyone who buys an EBR.

We recently had a couple members of my club's Pistol Team (who live in Chicago) visited by the CAGE after they purchased new handguns, and CAGE was waiting on their doorsteps and demanding to know where the guns were. (They were stored either at our club or a friends house outside of Chicago.)

Once again if you live outside of Cook County, you can buy any EBR you like. DuPage and Kane County Fairgrounds have monthly gun shows were you can buy all kinds of parts and upper's for AR's and other EBR's. In fact there's guy at every DuPage show that has like 7-9 tables of AR parts and accessories.

 

[eastwood44mag]

Go to Cabela's in Hoffman Estates. They sell EBR's to IL residents with valid FOID cards. You are responsible for it once it leaves the store, though.

 

[Neo-Luddite]

If you must live in Chi, and can't stand to break the law for reasons of your own--register an M-1 Garand. Yeh, it's still chi and crook, co. legal. About the same length as a full-stocked AR15-a2, 2.5 lbs more in weight when loaded. You'll be in compliance with the laws in Babylon--but you will BY NO MEANS have made any compromise whatsoever.

(just my usual 'sollution to all problems is an M-1' plug, my apologies.)