Am I reading the new legislation passed in November accurately...that in Cook County not only are "assault weapons" banned, but so are magazines in excess of ten rounds?
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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.

Seems like a fair reading of the ordinance.

"Large capacity magazine" is defined in Section 6-1 as: "any ammunition feeding device with the capacity to accep tmore 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 accomodate more than 10 rounds.

2. A 22 caliber tube ammunition feeding device.

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

You know what else gets banned by this so-called "high capacity" restriction?

Enfield 2A/2A1 rifles. The 7.62 mags technically have a 12-round capacity.

What bullshit.

Quoted: You know what else gets banned by this so-called "high capacity" restriction? Enfield 2A/2A1 rifles. The 7.62 mags technically have a 12-round capacity. What bullshit.

You can buy a 10 round mag for the Enfield 2A.  I know this because the mag that came with mine (from AIM Surplus) had a broken spring, so I ordered a replacement mag which was 10 rounds.

I ended up just swapping the new mag spring into the old mag.  In fact, if you would like my 10-round mag BODY (no spring), it's yours!


Isn't Cook Co. wonderful?

Geez....this county oh hell....state really torques me.....

Quoted: Quoted: You know what else gets banned by this so-called "high capacity" restriction? Enfield 2A/2A1 rifles. The 7.62 mags technically have a 12-round capacity. What bullshit. You can buy a 10 round mag for the Enfield 2A.  I know this because the mag that came with mine (from AIM Surplus) had a broken spring, so I ordered a replacement mag which was 10 rounds. I ended up just swapping the new mag spring into the old mag.  In fact, if you would like my 10-round mag BODY (no spring), it's yours! Isn't Cook Co. wonderful?

Thanks for the offer, but I don't have a 2A/2A1 (just the .303s), and I sure as hell don't live in Cook. I was just making a point that they effectively banned even an "old school" bolt rifle.

I'm just waiting for the day when some group goes for far as to simply have a bayonet lug be enough to declare a weapon "evil" (heck, even a detachable mag and a bayo lug, since that again bans the Enfields).

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:

This looks like its not even grandfathered in

or possess

if I am readying this correct!  Is this what we are looking for the state!

Also does this mean any cities within crook county?  If so this is really going to suck big time.

Wait, I am reaching here, if I am reading this correctly this only pertains to people selling within crook county, not people selling out of the tyrant county to people who lives in crook county?

Right?

Quoted: Thanks for the offer, but I don't have a 2A/2A1 (just the .303s), and I sure as hell don't live in Cook. I was just making a point that they effectively banned even an "old school" bolt rifle. I'm just waiting for the day when some group goes for far as to simply have a bayonet lug be enough to declare a weapon "evil" (heck, even a detachable mag and a bayo lug, since that again bans the Enfields).

Ah, point taken.  But it's no surprise.  Once you start down the path of gun control, there is no happy middle ground, only the eventual banning of everything.

Quoted: Wait, I am reaching here, if I am reading this correctly this only pertains to people selling within crook county, not people selling out of the tyrant county to people who lives in crook county? Right?

Well if you are relying on the title of the ordinance

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

that is not determinive.  The title could be "Daley wears red socks and has a black mustache," and it wouldn't matter.  What matters is the ordinance language and it seems broad enough to effect a ban of magazines over 10 rounds:

(a)        No person shall . . . acquire or possess any . . . large capacity magazine. (b)        Any . . . large capacity magazine possessed . . . in violation of subsection (a) of this section is hereby declared to be contraband and shall be seized and disposed of . . .

So if Joe from some town Crook County goes to a gun show in Peoria and buys a hi-cap mag from Sam for cash, would Sam be a criminal and can be prosecuted by Cook County or Joe when he gets home.

Quoted: So if Joe from some town Crook County goes to a gun show in Peoria and buys a hi-cap mag from Sam for cash, would Sam be a criminal and can be prosecuted by Cook County or Joe when he gets home.

Honestly, I don't know.  If Sam doesn't live in Cook Co. or travel to Cook Co., then would Cook be able to "reach him"?

I really don't know if there is such a thing as statewide "extradition" for an offense committed in another county.

Sam wouldn't have committed a statewide crime, so....

My head hurts...

my head always hurts worrying about all these stupid laws!  thats why I drink!

Quoted: Quoted: So if Joe from some town Crook County goes to a gun show in Peoria and buys a hi-cap mag from Sam for cash, would Sam be a criminal and can be prosecuted by Cook County or Joe when he gets home. Honestly, I don't know.  If Sam doesn't live in Cook Co. or travel to Cook Co., then would Cook be able to "reach him"? I really don't know if there is such a thing as statewide "extradition" for an offense committed in another county. Sam wouldn't have committed a statewide crime, so.... My head hurts...

If he brought the mag home with him into Cook, then we could be prosecuted under this new regulation. However, if he bought a "hi cap" mag, but kept it outside of Cook, he'd be good to go. You can own the banned items - you just can't keep them in Cook.

(Note that IANAL (yet) - and I've based this primarily on (d)(1) above)

Quoted: Quoted: Quoted: So if Joe from some town Crook County goes to a gun show in Peoria and buys a hi-cap mag from Sam for cash, would Sam be a criminal and can be prosecuted by Cook County or Joe when he gets home. Honestly, I don't know.  If Sam doesn't live in Cook Co. or travel to Cook Co., then would Cook be able to "reach him"? I really don't know if there is such a thing as statewide "extradition" for an offense committed in another county. Sam wouldn't have committed a statewide crime, so.... My head hurts... If he brought the mag home with him into Cook, then we could be prosecuted under this new regulation. However, if he bought a "hi cap" mag, but kept it outside of Cook, he'd be good to go. You can own the banned items - you just can't keep them in Cook. (Note that IANAL (yet) - and I've based this primarily on (d)(1) above)

Sam was the dealer.  I was talking about the dealer, not the purchaser.  At least that is what I thought I was talking about.

I need a drink.

Are grandfathered/pre-ban mags still good to go for you guys?  If so, I have a bunch of pre-ban mags for various firearms that I would happily sell to anyone in cook county for what it would cost me to replace.  

Got quite a few pre-bans for MK23/USP Tacs, AR15's, Beretta 92fs...and I think thats about it.

That's really nice of you, Marksman!

But, I don't read anything about a grandfather clause in the language of this bill. Regardless, I think that many of the folks in Cook are covered under their own town codes so I figure many are still unaffected.

As a side note, isn't it highly unusual to not include a grandfather clause in laws? Or is it ok since they are ridding the streets of evil criminals like those who post here? I went to lunch the other day in a town in Cook and I looked around and thought of all of the old men in the bar who may have chosen a Highpower over a 1911 and how they are now legally criminals...Pathetic, really.

Does'nt the chain of command of laws to FED/STATE/COUNTY/CITY, what I am saying does'nt the county law override the city ordanance?  
Saying the City ordanance can not be more leaniant that county but it can be more stricter.

Quoted: Does'nt the chain of command of laws to FED/STATE/COUNTY/CITY, what I am saying does'nt the county law override the city ordanance?   Saying the City ordanance can not be more leaniant that county but it can be more stricter.

I would like a bit of discussion in regards to this point. I remember from the other thread reading about Berwyn/Arlington Heights laws and it sure seems like they have given the county the brush-off. Regardless, this is a home-rule county, correct? One of the laws authors even mentioned this only affects unincorporated counties (when was the last time a county trooper drove through those area's?) and those without laws of their own. I know Oak Park and Willmette have tough laws but that is as far as I know.

Quoted: Quoted: Quoted: Quoted: So if Joe from some town Crook County goes to a gun show in Peoria and buys a hi-cap mag from Sam for cash, would Sam be a criminal and can be prosecuted by Cook County or Joe when he gets home. Honestly, I don't know.  If Sam doesn't live in Cook Co. or travel to Cook Co., then would Cook be able to "reach him"? I really don't know if there is such a thing as statewide "extradition" for an offense committed in another county. Sam wouldn't have committed a statewide crime, so.... My head hurts... If he brought the mag home with him into Cook, then we could be prosecuted under this new regulation. However, if he bought a "hi cap" mag, but kept it outside of Cook, he'd be good to go. You can own the banned items - you just can't keep them in Cook. (Note that IANAL (yet) - and I've based this primarily on (d)(1) above) Sam was the dealer.  I was talking about the dealer, not the purchaser.  At least that is what I thought I was talking about. I need a drink.

Yes, I'm an idiot.

However, applying the same section I was looking at, Sam would also not be a criminal, since the clause implies that the authorities in Cook only have authority within Cook, and have no power whatsoever outside of their county (the way it should be, IMO).

Quoted: Quoted: Does'nt the chain of command of laws to FED/STATE/COUNTY/CITY, what I am saying does'nt the county law override the city ordanance?   Saying the City ordanance can not be more leaniant that county but it can be more stricter. I would like a bit of discussion in regards to this point. I remember from the other thread reading about Berwyn/Arlington Heights laws and it sure seems like they have given the county the brush-off. Regardless, this is a home-rule county, correct? One of the laws authors even mentioned this only affects unincorporated counties (when was the last time a county trooper drove through those area's?) and those without laws of their own. I know Oak Park and Willmette have tough laws but that is as far as I know.

if a city can have a more leanient law then maybe I can get my city to do conceal carry!

Quoted: Quoted: Quoted: Does'nt the chain of command of laws to FED/STATE/COUNTY/CITY, what I am saying does'nt the county law override the city ordanance?   Saying the City ordanance can not be more leaniant that county but it can be more stricter. I would like a bit of discussion in regards to this point. I remember from the other thread reading about Berwyn/Arlington Heights laws and it sure seems like they have given the county the brush-off. Regardless, this is a home-rule county, correct? One of the laws authors even mentioned this only affects unincorporated counties (when was the last time a county trooper drove through those area's?) and those without laws of their own. I know Oak Park and Willmette have tough laws but that is as far as I know. if a city can have a more leanient law then maybe I can get my city to do conceal carry!

Ha!

Quoted: I would like a bit of discussion in regards to this point. I remember from the other thread reading about Berwyn/Arlington Heights laws and it sure seems like they have given the county the brush-off. Regardless, this is a home-rule county, correct? One of the laws authors even mentioned this only affects unincorporated counties (when was the last time a county trooper drove through those area's?) and those without laws of their own. I know Oak Park and Willmette have tough laws but that is as far as I know.

We debated this and couldn't come to a clear cut answer here:

www.ar15.com/forums/topic.html?b=8&f=23&t=249347&page=4

Quoted: if a city can have a more leanient law then maybe I can get my city to do conceal carry!

I can't lay my hands on any specific authority for the proposition this second, but I very seriously doubt a municipality can countermand or pass and ordinance that conflicts with state law.

FWIW, Art. 7, Sec. 6(d)(2) of the Illinois Constitution provides:

"A home rule unit does not have the power . . . (2) to define and provide for the punishment of a felony."

So, conversly, a municipality should not be able to say that something already a felony under state law should not be a felony in their jurisdiction.

Oh this is all to confusing!

Quoted: Oh this is all to confusing!

+1

First of all, condolences to any of you who live in Cook county.  It's horrible but not surprising.  It'll be a perfect model for statewide and (post '08 elections) nationwide legislation.  

For now, anyone who needs a place to store their evil weapons until they can figure out a long-term solution can email me at bea1tim3 AT gmail DOT com.  I'll do whatever I can to help and am not looking to make any money.

By the way, when will we say "Enough is enough!" ?

Quoted: Quoted: Oh this is all to confusing! +1

Adding to the confusion is that there are at least two Cook County commissioners who seem to be under the impression that a revised version of the ordinance passed (the one KingC posted), despite what is posted on the county clerk's website. I am still hounding mine to get to the bottom of this.

Quoted: First of all, condolences to any of you who live in Cook county.  It's horrible but not surprising.  It'll be a perfect model for statewide and (post '08 elections) nationwide legislation.   For now, anyone who needs a place to store their evil weapons until they can figure out a long-term solution can email me at bea1tim3 AT gmail DOT com.  I'll do whatever I can to help and am not looking to make any money. By the way, when will we say "Enough is enough!" ?

Yes, I bet many pass this off as "that's only Cook County".  The truth is that this crap will spread out from here.  This is an attack on all of our rights.  Even if you don't live in the jurisdiction, you need to help fight for the cause.

This sucks for all you guys living in cook. This new law is very complex. I am reading that it is illegal to posses or own any of these restricted items, but at the same time it is legal to transport these item as long as they are broken down to a non-funtioning state and not "accessible". Would'nt some one transporting a broken down "evil black rifle" in a trunk of a car and inside of a case still be considered in possession of such rifle. I would like to see Mr. Daley and our wonderful state governer go into Cabrini Green "as a team" and other crime ridden areas in the city of Chicago and conficate "assault weapons" that real criminals use. Also good luck on getting a gangbanger from chicago to jump in his/her car and drive to a cook county police station and turn in his hi-cap mags or "assault weapons" or even a lorcin .22 lr.