Posted: 9/14/2015 4:11:06 PM EDT
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Why the recent change? Kinda sucks since I've been sending a lot of new shooters your way.
Effective immediately (Sept 14, 2015), Due to company policy we will no longer ship AR/AK style firearms (regardless of caliber) to Cook County Residents to include Aurora, Chicago, and Highland Park. I called up your customer service and was told stripped lowers won't be shipped out to cook county IL. -How is that possible when it is a featureless firearm and has no pistol grip, adjustable stock, etc? It doesn't meet any of the banned features noted in actual AWB ordinances. -What about AR/AK Pistols? These would be pre-empted under state law. http://www.handgunlaw.us/states/illinois.pdf 430 ILCS 66
Section 90. Preemption. The regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or concealed handguns and ammunition for concealed handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Note: All local restrictions on Handguns are null and void. Local Governments can keep their restrictions on long guns and magazine bans for long guns. Also not all cities in Cook County adopted their ban. Some in fact are home rule, and others have adopted ordinances that pre-empt the county wide ban. I believe you need to educate ourselves on our state constitution. My town for example has this stated in their ordinance codes. (1) It is intended that this article shall preempt all Cook County licensing or other regulatory schemes for firearms, firearms dealers and assault weapons. As provided in article VII, section 6(c) of the State Constitution of 1970, if a county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction. (2) It is specifically intended that this article shall preempt the Cook County Firearms Dealer’s License and Assault Weapons and Ammunition Ban Ordinance as now in effect or as may be hereafter amended. (3) Licenses issued pursuant to this article shall be issued separate and apart from any general business license issued by the village. (Ord. 94-29, § 1, 12-27-94) Article 7 of the IL constitution allows municipalities to impose their own firearm laws, and have them pre-empt county laws/ordinances. So further more from my town's code of ordinances (a) Definitions: As used in this section of this article, the following terms shall have the following meaning:
(1) Assault Weapon: Any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically, more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended, for use in converting a weapon into a machine gun, any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. They purposely state the definition of an "Assault Weapon" as a machine gun. Other municipalities have made similar laws/ordinances. It would not be illegal to ship me an AR15, or AK47. But your policy would prohibit me from buying one from you, or even getting a stripped lower (which is a featureless firearm that meets none of the traditional AWB criteria.) Many towns in Cook County actually have their own laws, and some are actually home rule. The Cook County ban mainly applies to unincorporated areas, and a few cities that are on board with the ban. The Illinois State Police website should have a list of firearm ordinances. If there is an AWB adopted by a city, it would be on their website. Also please see the following: Wilson Vs. Cook County The cook county ordinance is currently being contested in court. Because of this the ban is not even being enforced. Also I suggest you try and contact Todd Vandermyde, Illinois Carry would be a good start. He's the NRA lobbyist for Illinois. Also I live in Cook County, but my city has pre-empted itself. Why doesn't this seem to matter? My FFL Dealer is also in Dupage, so why is my residency an issue? The firearm/lower would be getting shipped out of county. what about those who live in cook, but use a FFL in Lake/Dupage/Will County? The people actually affected by the ban, aren't banned from ownership if the firearm is outside of unincorporated cook county to begin with. |
