User Panel
User Panel
User Panel
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Posted: 10/3/2005 5:10:22 PM EDT
[#1]
James, first off, welcome to the board.
 I've been looking for the last half hour for the actual Cook County Assault weapons ban that is suppose to exist. I haven't found anything other than a Ordinance for Firearms dealers permits and bans. Meaning they can't sell certain things, etc, etc. But I haven't found any ordinance banning the ownership of any type of firearm in Cook County. As to any specific city/town/village you are looking at moving to inside crook county, visit the ISP website Here If the city is listed than they have some sort of firearms laws other than state laws. Click on the town and view the PDF file to find out the do's and don'ts for that location. If anyone can find the actual County ordinance please post a link to it, as I haven't been able to find it. I'd like to include it in the Important Info thread at the top of the forum. Thanks. |
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Posted: 10/3/2005 6:30:18 PM EDT
[#2]
Just buy it and have an out of county FFL transfer it.
Wow, that was easy. 
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Posted: 10/3/2005 7:27:30 PM EDT
[#3]
Here is another link that may help you out. Link to info
IllinoisCarry.com Dedicated to advancing concealed carry legislation in Illinois. |
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Posted: 10/3/2005 7:31:11 PM EDT
[#4]
Careful my man, you will have a "useful idiot" claiming a COC violation.
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Posted: 10/4/2005 2:42:51 AM EDT
[#5]
Well, as you may have seen in the AR forum, it is a little late. (where's the thumbs up icon?) The weapon was purchased in another county where there are no such problems. Of course, being unsure of legality, I would never bring the rifle into Cook County without knowing whether or not it's legal. I have multiple options for storing the weapon in places other than Cook County. Not_so_Clever, what's a COC violation? Isn't this something? It wouldn't mean dick, I know, but if I did run into problems with LE, I could claim an extensive amount of research on this issue with no clear cut answer. How am I supposed to follow the law if no one can tell me what the law is? When I talked to the Cook County Sheriff (who btw was none too pleased with the administration. Pretty cool dude and very helpful), and I really didn't get a firm answer, I asked him OK, what would you do if you pulled me over and found the weapon in my possession (locked up in the trunk properly and all)? Again, no definative answer. Anyway, thanks for the responses guys. Who wants to fill me in on the Buffalo Range? I didn't find a website. Is there one? |
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Posted: 10/4/2005 4:38:14 AM EDT
[#6]
There is a Cook County AWB. I have the text on a pdf. Basically, if you live in an unicorporated area or a place like Oak Park, Morton Grove, you have some things to consider. First, Colt AR15's specifically are named (other brands/ AR15 type not mentioned so you might technically get away with them). Next forget about anything AK type, HK type, FNC, Aug, AR180, detachable mag SKS, Mini14 folder, or just about any thing else that was in production or exisitance in 1993 when Dick "less" Phelan decided to violate our rights. However, if you live in a town with a gun shop, which generally means its own gun laws, which superceed county law, you are okay to have the evil stuff. Just be sure they don't state they do not superceed county law, as Oak Park's code states.
The other thing is that just last month a revised AWB was supposed to have been brought for a vote but died in commitee, (some would say thanks to us on some level). It would ban just about everything for those in the unicorporated areas and Oak Park. Lets keep an eye out for it just in case they try to bring it back. |
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Posted: 10/4/2005 4:41:07 AM EDT
[#7]
The other thing, is that you mentioned calling the county sheriff. Waste of time. Cook county has been in violation of state law for several years by not submitting their ordinance to the state police for posting, despite the ordinance being on the books for years before the state law mandating all gun laws be submitted to the ISP for posting. Maybe those crooks think that county government does not qualify as a municipality and is there for exempt.
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Posted: 10/4/2005 5:37:52 AM EDT
[#8]
Thanks LD. Good info and the first definative answer I have received.
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Posted: 10/4/2005 5:44:58 AM EDT
[#9]
I too have the text in .pdf format. If I remember correctly, someone on the Illinois Forum took the time to type out the text so that we could post it in the forum. I will try to find the post. If I find it, maybe Cody can add a link to one of the tacked threads above. |
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Posted: 10/4/2005 7:11:16 AM EDT
[#10]
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Posted: 10/4/2005 7:32:17 AM EDT
[#11]
FWIW, I think one can extrapolate what the Cook Co. AWB presently says by reviewing Commissioner Suffredin's proposed amendment on his website (until he takes it down out of embarrassment, that is):
www.suffredin.org/LegislativeLibrary/Legislation.asp?LegislationID=123&Library=cook#log (The proposed amendment has apparently been tabled amid controversy and the successful intervention of some of the very members of this board. That topic was the subject of a couple other threads on this board, notably: HERE, HERE, and HERE ) BTW, how they could construe a GI M1 Carbine as an "assault weapon" is beyond me. |
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Posted: 10/4/2005 7:58:46 AM EDT
[#12]
Just wanted to update my own question after speaking with a LEO in my locality. I was directed to this particular officer as someone who is very knowledgable regarding firearms law in Illinois.
Basically, I was told my Bushmaster AR is (currently) perfectly legal to possess in Cook County, with the possible exception of unincorporated areas. Legality of the weapon in unincorporated Cook County is questionable. FWIW. |
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Posted: 10/4/2005 12:13:24 PM EDT
[#13]
This was posted by LoadedDrum last year, I have copied it into here, and will put a copy of it into the Important Info Thread tacked at the top of the forum.
This is from the first version 93-0-37 ORDINANCE Sponsored by THE HONORABLE RICHARD J. PHELAN, PRESIDENT AND JOHN H. STROGER, JR. COUNTY COMMISSIONER WHEREAS, the proliferation of firearms dealers and the easy access to firearms and ammunition has become a concern of public health, safety, and welfare for the citizens of Cook County; and WHEREAS, of the 4500 trauma cases handled this year at Cook County Hospital 1,000 were due to gun shot wounds; and WHEREAS, there are more federally licensed firearms dealers in Cook County than there are gas stations; and WHEREAS, it is estimated that one in twenty high school students has carried a gun at least once in the past month; and WHEREAS, the proximity of a gun shop to a school sends a message to children about the level of acceptability of guns in our society; and WHEREAS, there is no legitimate sporting purpose for the military style assault weapons now being used on our streets; and WHEREAS, both the Federal Gun Control Act of 1968, 18 U.S.C. d927, and the Illinois Firearms Owners Identification Card Act, 430 ILCS 65/12.1, specifically provide that they do not preempt further local regulation of the sale and possession of firearms; NOW THEREFORE PURSUANT TO THE HOME RULE AUTHORITY OF THE COOK COUNTY BOARD OF COMMISSIONERS AS VESTED IN IT BY THE ILLINOIS CONSTITUTION, BE IT ORDAINED: ARTICLE I. GENERAL PROVISIONS. Section 1-1. Title. This ordinance shall be known as the “Cook County Firearms Dealer’s License and Assault Weapons and Ammunition Ban Ordinance.” Section 1-2. Applicability. (a) As provided in Article VII, Section 6(c) of the State of Illinois Constitution of 1970, if this Ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction. (b) If a municipality licenses firearms dealers under a municipal ordinance, apart from any other general business license issued by the municipality, this Ordinance shall not apply within that municipal jurisdiction with the respect to such license. In all other circumstances, this Ordinances shall be enforceable within the municipal jurisdiction to the extent permitted under the Illinois Constitution. Section 1-3. Deferability. If any section, subsection, paragraph, sentence or clause of this ordinance or the application thereof to any person is for any reason deemed to be invalid or unconstitutional, such decision shall not affect, impair or invalidate any remaining portion, section or part thereof or application of this ordinance to any other person. Section 1-4. Effective Date. Article II of this Ordinance shall take effect January 1, 1994. All other provisions shall take effect 30 days after passage of this ordinance. ARTICLE II. FIREARMS DEALER’S LICENSING./*leaving this section out for now since it does not affect most of us*/ This is the revision that came out a little later: 93-0-46 ORDINANCE Sponsored by THE HONORABLE RICHARD J. PHELAN, PRESIDENT AND JOHN H. STROGER, JR. COUNTY COMMISSIONER The Cook County Firearms Dealer’s License and Assault Weapons and Ammunition Ban Ordinance is amended by deleting and adding language as stricken through and underlined as follows: Article I. General Weapons. Section 1-1. Title. This ordinance shall be known as the “Cook County Firearms Dealer’s License and Assault Weapons and Article III. Assault Weapons and Section 3-1. Definitions. As used in Article III of this Ordinance, the following terms shall have the following meaning; (a) “Assault weapon” means: (1) Assault Rifles AK 47 TYPE 86S TYPE AK 47S TYPE 86S7 TYPE AK 74 TYPE 87S TYPE AKS TYPE GALIL TYPE AKM TYPE TYPE 56 TYPE AKMS TYPE TYPE 565 TYPE 84S1 TYPE VALMET M76 TYPE ARM TYPE VALMET M78 TYPE 84S1 TYPE M76 COUNTER SNIPER TYPE 84S3 TYPE FAL TYPE HK91 TYPE L1A1A TYPE HK93 TYPE SAR 48 TYPE HK94 TYPE AUG TYPE G3SA TYPE FNC TYPE K1 TYPE UZI CARBINE K2 TYPE ALGIMEC AGMI TYPE AR100 TYPE AR180 TYPE M24S TYPE MAS 223 TYPE SIG 550SP TYPE BERETTA BM59 TYPE SIG 551SP TYPE BERETTA AR70 TYPE AUSTRALIAN AUTOMATIC ARMS SAR TYPE CIS SR88 TYPE RUGER MINI 14/5F SKS TYPE WITH DETACHABLE MAGAZINE SPRINGFIELD ARMORY SAR-48 SPRINGFIELD ARMORY BM-59 FEDERAL XC-900 AND XC450 FEATER AT-9 AUTO CARBINE GONCZ HIGH TECH CARBINE TEC 9 TYPE COLT AR-15 IVER JOHNSON PM30 P PARATROOPER BUSHMASTER AUTO RIFLE AUTO-ORDINANCE THOMPSON M1 AUTO-ORDINANCE THOMPSON 1927A1 (2) Assault Pistols UZI TYPE HECKLER & KOCH SP-89 TYPE AUSTRALIAN AUTOMATIC ARMS SAP TYPE SPECTRE AUTO TYPE STERLING MARK7 TYPE Section 3-2. Assault weapons (a) No person shall sell, offer, or display for sale, give, lend, transfer ownership of or acquire or possess any assault weapon (1) the sale or transfer to, or possession by any officer, agent, or employee of the 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, and peace officers to the extent that any such person is otherwise authorized to acquire or possess an assault weapon or (3 2) manufacture of assault weapons; (4 3) transportation of assault weapons if such weapons are broken down and in a non-functioning state and are not immediately accessible to any person. (b) Any assault weapon (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 $1000.00 or both. (d) Any person who, prior to the effective date other ordinance codified in this ordinance, was legally in possession of an assault weapon (1) To remove the assault weapon or (2) To modify the assault weapon either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon; or (3) To surrender the assault weapon Approved and adopted this 16th day of November, 1993 This is the Newest version and Amendments to the above ordinances, starting in 1999. ORDINANCE Sponsored by THE HONORABLE JOHN H. STROGER, JR., PRESIDENT, JOHN P. DALEY, JOSEPH MARIO MORENO, HERBERT T. SCHUMANN, JR., PETER N. SILVESTRI, TED LECHOWICZ, ROBERTO MALDONADO, MIKE QUIGLEY, JERRY BUTLER, ALLAN C. CARR, EARLEAN COLLINS, GREGG GOSLIN, WILLIAM R. MORAN, DEBORAH SIMS, BOBBIE L. STEELE, AND CALVIN R. SUTKER, COUNTY COMMISSIONERS AN ORDINANCE REPEALING IN PART AND AMENDING THE "COOK COUNTY FIREARMS LICENSE AND ASSAULT WEAPONS DEALER’S BAN ORDINANCE" AND CREATING A NEW ORDINANCE ENTITLED THE "COOK COUNTY DEADLY WEAPONS DEALER CONTROL ORDINANCE" WHEREAS, Cook County, like many other counties, is faced with an unacceptably high level of violent crime. WHEREAS, one of the major contributors to the level and severity of violent crime in Cook County is the widespread availability of firearms. WHEREAS, guns cause more death and destruction than any other weapon commonly available in our society today - routinely accounting for approximately three-quarters of all homicides committed in this County, and costing our citizens millions of dollars in associated costs for healthcare, police and the criminal justice system. WHEREAS, current state law contains gaping loop holes and unacceptable provisions that allow dangerous and unchecked transfers of guns at gun shows and multiple sales to straw purchasers who transfer guns to criminals and youths. These loop holes have become black holes for unlawful sales and the proliferation of guns on our streets which are being used to maim and murder in our communities. WHEREAS, the Cook County Board of Commissioners declares that in order to promote and protect the health, safety and welfare of the citizens of Cook County, it is necessary and in the best interest of the public to strictly control and regulate the sale and transfer of firearms within this County. WHEREAS, the undercover investigations that formed the basis for the lawsuit filed in 1998 by Cook County and the City of Chicago against certain gun dealers and manufacturers demonstrate that, contrary to popular belief, the guns used by street gangs and criminals to terrorize our community are not being obtained illegally on the street. They are being purchased in our own licensed, gun dealerships. Moreover, studies performed by the State’s Attorney’s Office showed that 71% of defendants charged in unlawful weapons cases had some form of gang affiliation, and a significant percentage of those defendants were under the age of 21. WHEREAS, a report released in June, 1999, based upon information from the Bureau of Alcohol, Tobacco and Firearms identified seven suburban Cook County gun shops which sold more than 3,600 guns that were traced to crimes committed between 1996 and 1998, including one gun shop which was the source of 1,176 crime scene guns - the second most of any gun shop in the nation. WHEREAS, the County Board finds that these investigations and statistics provide compelling proof that gun dealers licensed to conduct business in Cook County have abused the privilege afforded to them and must be more strictly controlled, regulated and, ultimately, put out of business if they continue to act irresponsibly. WHEREAS, it is time to eliminate this nuisance and to address the gun related epidemic of violence through the Cook County Deadly Weapons Dealer Control Ordinance. WHEREAS, the Cook County Deadly Weapons Dealer Control Ordinance will, among other things, prevent gun shops from transferring guns to those likely to misuse them by imposing more rigorous background requirements on gun shop employees, requiring a more thorough disclosure by individuals before they are sold a gun, raising the minimum age for buying a gun, more strictly regulating the location and concentration of gun shops to protect our children and our communities, eliminating the gun show loop hole, limiting the number of guns that may be purchased to one per month, freezing the number of gun shops at the current number and by requiring all guns to be equipped with safety devices at the time they are sold. WHEREAS, the County Board desires to: (1) adopt a new ordinance to regulate gun sales in Cook County which shall be called the "Cook County Deadly Weapons Dealer Control Ordinance"; and (2) amend Ordinance 93-O-37 by repealing Article I and Article II thereof as previously amended by Ordinances 93-O-46 and 94-O-33; and (3) amend Ordinance 93-O-37, as previously amended by Ordinance 93-O-46, by renumbering Article III Sections 3-1, 3-2 and 3-3 thereof, as Article VI sections 6-1, 6-2 and 6-3, respectively, of the Cook County Deadly Weapons Dealer Control Ordinance. NOW THEREFORE, PURSUANT TO THE HOME RULE AUTHORITY OF THE COOK COUNTY BOARD OF COMMISSIONERS AS VESTED IN IT BY THE ILLINOIS CONSTITUTION, BE IT ORDAINED: ARTICLE I. GENERAL PROVISIONS -------------------------------------------------------------------------------- Title Section 1-1 This ordinance shall be known as the "Cook County Deadly Weapons Dealer Control Ordinance." Applicability Section 1-2 (a) This ordinance 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 ordinance conflicts with an ordinance of a home rule municipality, the municipal ordinance shall prevail within its jurisdiction. Severability Section 1-3 If any section, subsection, paragraph, sentence or clause of this ordinance or the application thereof to any person is for any reason deemed to be invalid or unconstitutional, such decision shall not affect, impair or invalidate any remaining section, subsection, paragraph, sentence or clause hereof or the application of this ordinance to any other person. Effective Date Section 1-4 Except as otherwise provided below, this ordinance shall take effect six months after its Savings Clause Section 1-5 This Ordinance shall not affect any act done, ratified, or canceled; any right occurring or established; or any action or proceeding had or commenced in administrative, civil, or criminal cause on or before the effective date of this Ordinance. Any such action or proceeding that pertains to a right, power, duty, or function provided for or arising out of any Ordinance that is pending or in existence on the effective date may be prosecuted, defended, or continued by or on behalf of the parties to such action or proceeding. ARTICLE II. DEFINITIONS -------------------------------------------------------------------------------- Definitions Section 2-1 As used in the Cook County Deadly Weapons Dealer Control Ordinance: (a) "Antique firearm" means (1) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (2) any replica of any firearm described in subparagraph (1) if such replica - (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. (b) "Engaged in the business" means a person who devotes time, attention and labor to selling or otherwise dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. (c) "Department of Revenue" or "Department" means the Cook County Department of Revenue. "Director" means the Director of the Cook County Department of Revenue. (d) "Firearm" shall mean any pistol, revolver, rifle, shotgun, machine gun, assault weapon or other device that fits within the definition of "Firearm" contained in the Illinois Firearm Owners Identification Card Act, 430 ILCS 65/1.1. (e) "Gun show" means any bona fide showing, display or exhibition of firearms conducted for a temporary time period at a temporary location and sponsored by a national, state, or local organization, or any affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms. (f) "Gun shop" means the premises where any federally licensed firearms dealer, excluding any person licensed solely as a "collector" pursuant to Section 923(b) of Title 18 of the United States Code, engages (g) "Handgun" shall mean any pistol, revolver, or any other firearm capable of being concealed upon an individual. (h) "Person" means any individual, public or private corporation, partnership, firm, society, unincorporated association or other legal entity. (i) "Public park" means any land or buildings set apart for public recreation and owned by any unit of government and any land owned by the Forest Preserve District of Cook County. (j) "Relative" means a son, daughter, mother, father, sister or brother. (jk) "School" means any public or private elementary or secondary school, community college, college or university. (kl) "State’s Attorney" means the State’s Attorney of Cook County or his or her designee. ARTICLE III. DEADLY WEAPONS DEALER LICENSE AND GUN SHOW PERMITS -------------------------------------------------------------------------------- Section 3-1 License and permit required (a) It shall be unlawful for any person required to be licensed under federal law to engage in the business of dealing in firearms, to engage in the business of dealing, selling, bartering, trading, or to give away or otherwise transfer, any firearm, without securing a Cook County Deadly Weapons Dealer License. A Cook County Deadly Weapons Dealer License shall be required in addition to any other license required by law. (b) A Cook County Deadly Weapons Dealer License shall not be required by any person licensed solely as a "collector" pursuant to Section 923(b) of Title 18 of the United States Code and possessing only a federal "collector’s" license as defined in 27 C.F.R Part 178. ( (1) Application for a gun show permit must be made no later than 30 days prior to the date the show is to take place. Only those persons possessing a federal firearms dealer license may apply for a gun show permit. (2) No permit shall be issued unless the applicant presents sufficient evidence to the Department of Revenue demonstrating that the applicant has arranged to have appropriate security present throughout the duration of the gun show. (3) No permit shall be issued unless the show has been reported to and recognized by the Illinois Department of State Police. (4) No more than three permits shall be issued to conduct a gun show at any single location during any six month period. (5) No more than three permits shall be issued to the same organization, group or affiliated organization during any six month period. (6) No permit shall be issued to conduct a gun show at any single location for any two consecutive weeks. (7) No gun show may be held for more than 3 of any seven consecutive days. Section 3-2 Application process. The Director of the Department of Revenue shall promulgate reasonable rules and regulations necessary to carry out the duties, responsibilities and requirements imposed by this ordinance; including, but not limited to, developing reasonable procedures consistent with existing practices of regulating persons conducting gun shows or engaged in the business of dealing in firearms. (1) Any rules or regulations promulgated under this Ordinance shall be filed in the Department of Revenue’s principal office and shall be made available for public inspection. Copies shall be made available upon request and payment of a reasonable fee as determined by the Department to cover the cost of providing the copy. (2) In addition to any other rights provided by law, the Director may, with the assistance of any federal, state or local law enforcement agency, enter the premises of any gunshop licensed under this Ordinance during business hours (including any places used by the gunshop for storage) for the purpose of inspecting or examining the inventory of ammunition or firearms, or the records or documents relating to the sale, acquisition, storage or transfer of ammunition or firearms at the gunshop, if such inspection is performed: (i) In the course of a reasonable inquiry relating to any civil, criminal or administrative action relating to this Ordinance brought by or against the licensee or persons other than the licensee; or (ii) To insure or compel compliance with the provisions of this Ordinance. (3) Any inspections or examinations performed pursuant to this Section shall be done in a reasonable manner designed to minimize, to the extent reasonably possible, any interference with the licensee’s ability to conduct business. (b) All applications for a Deadly Weapons Dealer License or gun show permit under this ordinance shall be made in writing to the Department of Revenue on a form provided for that purpose. In addition to any other information required by this ordinance or by the Department of Revenue, each application for a license or permit shall include: (1) The applicant’s full name, any aliases by which he or she has been known, a copy of the applicant’s federal firearms dealer’s license, driver’s license or state identification card and State of Illinois Firearms Owner’s Identification Card, a full set of his or her fingerprints in digital format or a sample fingerprint in digital format that may be used to verify electronically the applicant’s identity, or a statement under oath by the applicant that, to the best of his or her knowledge and belief, the equipment necessary to obtain such digital fingerprints was not available to gun dealers in Cook County at the time the application was submitted, his or her social security number and the address and telephone number where he or she resides and proposes to conduct the gun show or engage in the business of dealing in firearms; and, (2) If the applicant is a corporation, the corporate name, business, and principal place of business of the applicant; the date and state of incorporation; and the names and residence addresses of the corporate officers and directors, the names and addresses of all individuals that own 10% or more of the stock in the corporation, its registered agent and a list of all affiliated corporations noting whether any are engaged in the business of dealing in firearms; and, (3) If the applicant is a partnership, the name, business address and telephone number of the principal office or place of business; the names, addresses and telephone numbers of all partners noting whether any are engaged in the business of dealing in firearms; and the name, address and telephone number of a person authorized to receive notices issued pursuant to this ordinance; and, (4) Every person applying for a Deadly Weapons Dealer License must submit a list of the names and addresses of all individuals whom the applicant employed at the licensed gun shop over the twelve months prior to the date of application unless the licensee employs 25 or more individuals in which case, the licensee need only submit the names and addresses of those employees that were involved in the transfer, sale, handling, assembly, shipping, packing, receiving, display or demonstration of firearms or ammunition in the gunshop, or who could obtain access to firearms or ammunition in the gun shop. All applicants must also submit (5) Every person applying for a Deadly Weapons Dealer License must submit documentation demonstrating that, at the time the application is submitted, he or she possesses a valid federal firearms dealer’s license (6) A response given under oath by the applicant affirming or denying each subsection of Section 4-1(4)(b) of this Ordinance. In the case of a corporation, a separate response shall be submitted by each of the corporate applicant’s officers, directors and all individuals owning 10% or more of the stock in the corporation. In the case of a partnership, a separate response shall be submitted by each partner. (c) Upon receiving any application for a Deadly Weapons Dealer License or gun show permit, the Department of Revenue shall request the State’s Attorney to verify the information contained in the application and to issue a legal opinion as to whether or not the person qualifies for a Deadly Weapons Dealer License or gun show permit. The Department of Revenue shall use its best efforts to approve or deny all applications for a Deadly Weapons Dealer License or a gun show permit within 30 days after receiving all information required by this Section. (d) The Department of Revenue shall deny an application for a Deadly Weapons Dealer License to any person who, at the time the application is made, does not possess a valid Federal Firearm Dealer’s License, an Illinois Firearms Owner’s Identification Card and a valid Cook County issued Firearms Dealer’s License or Deadly Weapons Dealer License for a gun shop located at the same location for which the license is sought, (e) The Department of Revenue shall deny an application for a Deadly Weapons Dealer License or gun show permit to any person who has been convicted of any felony in any jurisdiction and may deny an application for a Deadly Weapons Dealer License or gun show permit to any person who fails to answer affirmatively to each subsection of Section 4-1(4)(b) of this Ordinance, or who has been found in violation of any federal, state or local law or ordinance relating to the sale, transfer or use of firearms or any other deadly weapon described in Section 24-1 of the Illinois Criminal Code of 1961, 720 ILCS 5/24-1 or if he or she, or his or her spouse or relative, has ever served as a corporate officer or director of, or owned 10% or more of the stock in, or been a partner of, ( Section 3-3 Gun shop employee background checks Before any person may be hired as an employee at a gun shop licensed under this ordinance, the holder of that license shall perform a background check to determine whether the potential employee possesses the requisite character and fitness to deal in firearms unless the licensee employs 25 or more individuals in which case, the licensee need only perform a background check on those employees that will be involved in the transfer, sale, handling, assembly, shipping, packing, receiving, display or demonstration of firearms or ammunition in the gunshop, or who could obtain access to firearms or ammunition in the gun shop. No Deadly Weapons Dealer Licensee with fewer than 25 employees may employ a person to work in the Section 3-4 License and gun show permit fee (a) The annual fee for a Deadly Weapons Dealer License shall be $1,000 which amount shall be paid each year on or before the anniversary of the issuance of the license. (b) The fee for a gun show permit shall be $250. (c) Any person licensed under this Ordinance who purchases electronic equipment such as Livescan or similar equipment, that is used by the licensee to verify, electronically, the identity of every person seeking to purchase a firearm from that licensee either through the submission of digital fingerprints, digital photographs or other digital or electronic means, shall be entitled to deduct the original cost of such equipment (up to a maximum of $500) during each year that such equipment is in use. Section 3-5 Non-transferability. (a) No license issued under this Ordinance may be transferred or assigned to any other person or to any other location unless the Department of Revenue first reviews and approves of the transfer or assignment following the submission of a new application pursuant to the standards and provisions of Section 3-2 of this Ordinance. Section 3-6 Limitation on concentration. (a) No Deadly Weapons Dealer License may be issued to any person seeking a license to operate a gun shop in Cook County which will be located within five miles of any other gun shop within or outside of Cook County as measured from the property lines of the respective properties. (b) No Deadly Weapons Dealer License may be issued to any person seeking a license to operate a gun shop in Cook County which will be located within one mile of any public or private school or public park as measured from the property lines of the respective properties. (c) The provisions of subsections (a) and (b) of this section shall not apply if the current or former owner of the gun shop for which the Deadly Weapons Dealer License is sought possessed a Cook County Firearms Dealer’s License or Deadly Weapons Dealer License to operate a gun shop at the same location for which the current license is sought, for the year prior to the year in which the current license is sought. (d) Any gun shop owner that is in possession of a valid Cook County Firearms Dealer’s License or Deadly Weapons Dealer License, may file a written petition with the Director of the Department of Revenue requesting that he or she be granted an exception to subsections (a) and/or (b) of this section, but in no event may the Director grant any exception that would allow any gun shop to be located less than .25 miles from any public or private school or public park as measured from the property lines of the respective properties. (1) The petition shall include: a statement by the applicant asserting why he or she believes an exception to these subsections is necessary and why, if granted, it would not endanger the health, safety or welfare of the community; evidence, including photographic or other visual evidence, depicting the area where the applicant proposes operating the gun shop, which evidence shall include graphic depictions identifying the location of all parks and schools that are less than one mile away and all gun shops that are less than five miles away from the proposed location; a statement by the applicant regarding any special precautions or efforts the applicant will make to ensure that the health safety and welfare of the community would not be endangered should the exception be granted; and any other evidence or arguments that the applicant believes support his or her request for an exception. (2) Within 14 days after receiving the petition for an exception, the Director may request the applicant to submit additional information, or respond to additional questions the Director deems necessary to render a decision. Upon receiving all information requested, the Director shall review the petition and all evidence submitted and issue a decision granting or denying the request within 30 days from the date all requested information was received. (3) If a person wishes to appeal the decision of the Director denying the request for an exception under this Section, that person shall seek appeal pursuant to the provisions of section 3-8 of this Ordinance. Section 3-7 Revocation of license. (a) The Deadly Weapons Dealer License shall be considered immediately and automatically revoked at the time any of the following occurs, and any firearm transfers by the licensee after any of the following occurs shall be considered a violation of this ordinance: (1) The licensee transfers a firearm to any person whom the licensee knows, or reasonably should know, is acquiring the firearm, not for his or her own use, but for the purpose of transferring it to another who could not legally obtain the firearm (commonly known as a "straw purchaser.") (2) The licensee is convicted of any felony in this or any other jurisdiction; (3) The licensee’s federal firearms dealer’s license or Illinois Firearm Owner’s Identification Card is revoked or expires. (b) The Department of Revenue may revoke the Deadly Weapons Dealer License if: (1) The licensee or any related person is found to be in violation of any federal, state or local law or regulation relating to the sale, transfer or use of firearms or any other deadly weapon described in Section 24-1 of the Illinois Criminal Code of 1961, 720 ILCS 5/24-1 or; (2) The licensee fails to comply with any provision of this ordinance. Section 3-8 Appeal of revocation or denial (a) Any person wishing to appeal the denial or revocation of any Deadly Weapons Dealer License, the denial of a request for an exception to section 3-6 of this Ordinance or the denial of a request for the transfer of a firearm, must, within 28 (b) The hearing officer may: (1) examine any books, papers, records, memoranda or other evidence bearing upon the business, activities or criminal or mental health background of the appellant; (2) request the Circuit Court to issue subpoenas requiring the attendance of any person having personal knowledge of any contested issue; (3) request the Circuit Court to issue subpoenas duces tecum for the production of books, records, papers, memoranda or other documents or evidence; (4) administer oaths; (5) take testimony; (6) make rulings as to the admissibility of evidence; and, (7) take any other action as may be required for the expeditious conduct of the hearing. (c) The hearing officer is not bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony or receiving evidence shall invalidate any order, decision, ruling or recommendation of the hearing officer or final decision of the Director. (d) The Department’s books, papers, records and memoranda or parts thereof may be proved in any hearing or legal proceeding by the original documents or by reproduced copy under the certificate of the Director. Without further proof, the original documents or reproduced copy shall be admissible into evidence before the Department. (e) If the Circuit Court issues a subpoena duces tecum, the following rules shall apply: (1) service shall be made as provided by the Illinois Civil Practice law, 735 ILCS 5/2-201 et seq.; (2) fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of Cook County and shall be paid after the witness is excused from further attendance; (3) when a subpoena or subpoena duces tecum is issued at the instance of either party, the hearing officer may require that party to bear the cost of services and witness fees. The hearing officer may require a deposit to cover the cost of service and witness fees. (f) Any party to a hearing may apply to any judge of the Circuit Court of this State for enforcement of any subpoena or subpoena duces tecum issued by a hearing officer holding a hearing authorized by this ordinance. (g) At any hearing held under this ordinance, the Director’s initial decision to deny or revoke a license or exception to any provision of this Ordinance shall be prima facie correct and the person contesting the decision shall have the burden of proving with books, records, documents and other evidence that it is incorrect; (h) At the conclusion of the hearing, the hearing officers shall make a recommendation to the Director. The Director shall adopt, reject or modify the recommendation based on a review of the record within 30 days of receiving the hearing officer’s recommendation, and shall issue a final decision. The Director shall give written notification to the licensee of the Director’s decision and a brief recitation of the reasons for such decision. (i) A person seeking judicial review of the Director’s final decision shall do so in the Circuit Court of Cook County and shall bear the cost of certification. If the protesting party prevails on appeal, the Department shall reimburse that party for the cost of certification. (j) Items constituting the record may include notices and demands; the initial decision; the written protest and petition for hearing; all relevant pleadings, briefs and memoranda of law; evidence admitted at the hearing; the transcribed testimony given at the hearing; the recommendation of the hearing officer; and the final decision of the Director. (k) If the appellant fails to appear at the hearing, the Department of Revenue may enter a default order in favor of the County requiring payment to the County of an administrative penalty which amount shall be not less than $100 and not more than $500 to cover fees and costs incurred by the County in connection with the administrative proceedings. If the Director of the Department of Revenue or the hearing officer ARTICLE IV. FIREARM TRANSFER VIGILANCE PROCEDURES -------------------------------------------------------------------------------- Section 4-1 Pre-transfer fitness verification process Before transferring possession of any firearm pursuant to a sale, barter, gift, trade or other transfer within Cook County, any person possessing a Cook County Deadly Weapons Dealer License, or conducting a gun show pursuant to a permit obtained under this ordinance, in addition to any other information required by law, for each firearm sought to be transferred, must submit to the (1) A written report containing the name, address, telephone number, social security number, and age of the person to whom the licensee or permit holder proposes transferring the firearm (hereafter, the "purchaser"), the date on which the purchaser applied for, solicited or requested the transfer, the type, model and a description of the firearm, the manufacturer of the firearm, the price of the firearm, the serial number of the firearm, the purchaser’s state driver’s license number or state issued identification card number, copies of all state and federal forms prepared in connection with the transaction, and if the purchaser is a resident of Illinois a photocopy of the purchaser’s Firearm Owner’s Identification Card, (2) An electronic sample of the purchaser’s fingerprints or documentation stating that an electronic sample of the purchaser’s fingerprints has been submitted for analysis to the Illinois State Police or such other agency as designated by the Department of Revenue or a statement, signed and sworn to under oath by the purchaser and the licensee attesting under oath to the fact that, to the best of their knowledge and belief, at the time the purchase was sought the equipment necessary to submit an electronic sample of the purchaser’s fingerprints was not available to gun buyers and dealers in Cook County; and, (3) A signed statement by the purchaser authorizing the State’s Attorney’s Office and (4) A statement, signed and sworn to by the purchaser, attesting under penalty of perjury to the fact that: (a) He or she is a peace officer, a law enforcement officer, a member of the Armed Services or Reserve Forces of the United States, a member of the Illinois National Guard, a Federal official required to carry a firearm, a United States Marshal, or, a person authorized to carry a firearm under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, and employed regularly as a private security contractor, private detective, private alarm contractor or security guard (b) He or she: (i) Is 21 years of age or over; and (ii) Has never been convicted of a felony under the laws of this or any other jurisdiction; and (iii) Is neither an alcoholic nor addicted to narcotics; and (iv) Has not been a patient in a mental institution within the past 5 years; and (v) Is not mentally retarded or mentally ill; and (vi) Is not an alien who is unlawfully present in the United States under the laws of the United States; and (vii) Has never been subject to an order of protection prohibiting him or her from possessing a firearm, or restricting his or her access to or contact with any other person; and (viii) Has not been convicted within the past 5 years of battery, assault, misdemeanor aggravated assault, or any offense that is substantially similar to any of these offenses in this or any other (ix) Has not been convicted within the past 5 years of domestic battery or a substantially similar offense in this or any other (x) Has no criminal charges pending against him or her in any jurisdiction other than misdemeanor charges relating to (xi) Has not purchased or otherwise obtained a firearm within the past 30 days; and (xii) Has never been prohibited from acquiring or possessing a firearm by any federal, state or local law, law enforcement agency, branch of federal or state military or by order of any court in this or any other jurisdiction. (5) Upon receiving the information required by this Section, the Department of Revenue shall request the State’s Attorney to conduct a good faith search of available records to verify said information and to issue a legal opinion to the Department of Revenue approving or denying the transfer of the firearm to the purchaser. It shall be unlawful for a person possessing the Deadly Weapons Dealer License or a gun show permit to transfer any firearm without first receiving written permission to transfer the firearm from the Department of Revenue. Upon receiving all information required by this section, the Department of Revenue shall use its best efforts to issue a decision approving or denying the transfer within three business days of receipt (6) The provisions of subsection (2) Section 4-2 Mandatory pre-verification prohibition on transfer to certain individuals No person possessing a Cook County Deadly Weapons Dealer License or gun show permit may sell or otherwise transfer any firearm to any person who fails to provide all information required by section 4-1 of this ordinance. In no event may a person possessing a gun show permit or licensed under this Ordinance transfer a firearm to any person who Section 4-3 One gun per month limitation No person possessing a Cook County Deadly Weapons Dealer License or gun show permit may Section 4-4 Prohibition against sale of firearms without safety devices It shall be unlawful for any person possessing a Cook County Deadly Weapons Dealer License or gun show permit to transfer any firearm which does not contain a safety mechanism such as a trigger lock, cable lock, combination handle lock or solenoid use-limitation device, that substantially hinders the use of the firearm by children under the age of 17 or other unauthorized users. This provision shall not apply to the transfer of antique firearms for which no safety device is available. Section 4-5 Background check fee (1) Except as specified in subsection (3) of this Section, every person seeking to obtain a firearm from a person possessing a Cook County Deadly Weapons Dealer License or Cook County gun show permit shall pay a fee of $50 which fee shall be used to offset the costs of conducting a fingerprint and background check to verify the information required to be provided by section 4-1 of this ordinance. (2) The provisions of this section 4-1 shall have an effective date of July 1, 2000, or such other date as may be specified by the Cook County Board of Commissioners. (3) The payment of the fee specified in subsection (1) of this Section shall not be required if the Department of Revenue, the State’s Attorney’s Office or the Illinois State Police should acquire and make available to gun shops or gun shows regulated by this Ordinance, technology that enables the identity of firearms purchasers to be verified electronically by the Department of Revenue, the State’s Attorney’s Office or the Illinois State Police, through the submission of digital photographs, single fingerprint samples or other electronic means. In that case, the fees shall be limited to the amount actually incurred in utilizing this technology. ARTICLE V. PENALTIES -------------------------------------------------------------------------------- Section 5-1 (a) Any person violating or failing to comply with any of the provisions of the Cook County Deadly Weapons Dealer Control Ordinance, shall be subject to immediate forfeiture of his or her Cook County Deadly Weapons Dealer License and/or a fine of not less than $500 and not more than $5,000 for each violation in addition to any other fines or penalties applicable from any federal, state or local laws or ordinances. Upon receiving information of a violation, the Director of the Department of Revenue (b) If any fine is imposed pursuant to this section, such fine shall constitute a debt due and owing to the County. If the fine is not paid within 30 days after the expiration of the time within which judicial or administrative review of the adverse determination may be sought, or within 30 days after an action seeking review has been resolved in favor of Cook County, the Director of the Department of Revenue or the State’s Attorney (c) The Director of the Department of Revenue or the State’s Attorney ( d) The sale of firearms in violation of this Ordinance is punishable by up to six months imprisonment and/or fine as provided in this Section, in addition to any other applicable fines or penalties. Each sale or act in violation of this Ordinance shall constitute a separate and distinct violation. PART 2. Article I and Article II of Ordinance 93-O-37, as previously amended by Ordinances 93-O-46 and 94-O-33, are hereby repealed. PART 3. Article III, Sections 3-1, 3-2 and 3-3 of Ordinance 93-O-37, as previously amended by Ordinance 93-O-46, is renumbered as Article VI sections 6-1, 6-2 and 6-3, respectively, of the Cook County Deadly Weapons Dealer Control Ordinance. Approved and adopted this 23rd day of November, 1999. The actual Cook County Web version of the above ordinance is here www.cookctyclerk.com/agendas/1999/Nov23/guncontrol/ordinance.htm I have retyped it all into the AR15.COM server, and will now be located here for all eternity.Cook County Assault weapons' Ordinances' |
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Posted: 10/4/2005 5:03:37 PM EDT
[#14]
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Posted: 10/5/2005 4:17:52 AM EDT
[#15]
+1, This would have saved me a month of worries last year. |
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Posted: 10/5/2005 12:47:38 PM EDT
[#16]
Not really, the top two sections are the ones you typed out last year, I just cut and pasted from the archives. So you deserve half the Thanks for the info. 
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Posted: 10/5/2005 4:53:28 PM EDT
[#17]
This is probably why it does not show up in the ATF book of gun laws that you get when you get your C&R. It is supposed to be a comprehensive list, but Cook County is not in there.... |
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