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AR15.COM
1/30/2010 7:45:07 PM EDT
I know someone who moved to Palos from Iowa. He has an AR back at his folks in IA and wants to bring it here. I heard somewhere that the assault weapons ban in Cook Co. applies only to unicorporated areas. Is this true, or is it a complete county-wide ban.

Thanks!
1/30/2010 9:42:52 PM EDT
[#1]
Quoted:
I know someone who moved to Palos from Iowa. He has an AR back at his folks in IA and wants to bring it here. I heard somewhere that the assault weapons ban in Cook Co. applies only to unicorporated areas. Is this true, or is it a complete county-wide ban.

Thanks!


My guess would be that it applies to the whole county. I don't see why the ban would be just for unincorporated areas of Cook. So, I would think (and I could be talking out of my ass btw) that it probably applies to the whole county.  Better safe than sorry on the interpretation of that shithole ordinance. Here are some interesting reads:

http://www.isra.org/legislation/cook_county_awb.shtml

http://illinoiscarry.com/forum/index.php?showtopic=18736

I've tried looking for the exact ordinance and have trouble finding it.
1/31/2010 1:10:56 AM EDT
[#2]
Cook County does indeed have an "assault weapon" ban. The law is poorly written and could be interpreted to ban virtually any long gun. To my knowledge (and I have been studying this subject closely for a long time), no one has ever been convicted under the law.

The law applies to all parts of Cook County except those municipalities that have passed "home rule" laws that specifically void the AWB. I believe Schaumburg and Hoffman Estates are two such municipalities. There may be others.

The good news is that there is a case currently before the Illinois Supreme Court that seeks to invalidate the Cook County AWB. The case is Wilson v. Chicago. The only information I can find online about it is here:

http://www.state.il.us/court/opinions/AppellateCourt/2009/1stDistrict/August/1081202.pdf

A speaker at a recent Illinois State Rifle Association legislative brief mentioned that the decision on this case would likely be delayed until the US Supreme Court rules on McDonald v. Chicago, which seeks to apply the Second Amendment to the states. Since McDonald v. Chicago is widely expected to be decided in favor of law-abiding gun owners in June 2010, I am optimistic that Wilson v. Chicago will also be decided in our favor. In other words, the Cook County AWB is likely to be struck down this summer.

My advice would be to keep the AR out of state until later this summer when the Cook County AWB is sent to the trash heap where it belongs. If that's not possible, keep the rifle at home and keep a low profile. Don't show it to your neighbors and be discrete when you put it in your trunk to take it to the range.
1/31/2010 1:30:46 AM EDT
[#3]

  Cook county isn't as bad as people think it is. This comes up here almost weekly.

 Unicorporated  Cook has a AWB.

 Most villages are home rule, which means they have to have a ordinance against so

  called assault weapons to make them illegal.  AR's , AK's ect. are legal in most of Cook.

  Unicorporated  Cook, Chicago and I believe Palatine are not –– there may be more.

 Call your local police dept and ask.

 Darn it –– gun shops in Cook sell AR's and Ak's –– yes they are legal in most of Cook.

  Also Carbelas in Hoffman is in Cook –– Gat a few miles west is Kane  ( last monthes arfcom arguement)
1/31/2010 6:01:33 AM EDT
[#4]
Quoted:

  Cook county isn't as bad as people think it is. This comes up here almost weekly.

 Unicorporated  Cook has a AWB.

 Most villages are home rule, which means they have to have a ordinance against so

  called assault weapons to make them illegal.  AR's , AK's ect. are legal in most of Cook.

  Unicorporated  Cook, Chicago and I believe Palatine are not –– there may be more.

 Call your local police dept and ask.

 Darn it –– gun shops in Cook sell AR's and Ak's –– yes they are legal in most of Cook.

  Also Carbelas in Hoffman is in Cook –– Gat a few miles west is Kane  ( last monthes arfcom arguement)


Looked up palos heights' website, and according to that, they are NOT a home-rule village. SO... I guess I'll be telling my buddy to keep his rifle in IA.

1/31/2010 7:10:53 AM EDT
[#5]
Quoted:
Cook County does indeed have an "assault weapon" ban. The law is poorly written and could be interpreted to ban virtually any long gun. To my knowledge (and I have been studying this subject closely for a long time), no one has ever been convicted under the law.

The law applies to all parts of Cook County except those municipalities that have passed "home rule" laws that specifically void the AWB. I believe Schaumburg and Hoffman Estates are two such municipalities. There may be others.

The good news is that there is a case currently before the Illinois Supreme Court that seeks to invalidate the Cook County AWB. The case is Wilson v. Chicago. The only information I can find online about it is here:

http://www.state.il.us/court/opinions/AppellateCourt/2009/1stDistrict/August/1081202.pdf

A speaker at a recent Illinois State Rifle Association legislative brief mentioned that the decision on this case would likely be delayed until the US Supreme Court rules on McDonald v. Chicago, which seeks to apply the Second Amendment to the states. Since McDonald v. Chicago is widely expected to be decided in favor of law-abiding gun owners in June 2010, I am optimistic that Wilson v. Chicago will also be decided in our favor. In other words, the Cook County AWB is likely to be struck down this summer.

My advice would be to keep the AR out of state until later this summer when the Cook County AWB is sent to the trash heap where it belongs. If that's not possible, keep the rifle at home and keep a low profile. Don't show it to your neighbors and be discrete when you put it in your trunk to take it to the range.


I'm keeping my fingers crossed.

1/31/2010 10:25:32 AM EDT
[#6]

Don't call the cops to find out the law. You will get same number of opinions as the number of officers you ask.
They just arrest people and make charges.
The aftermath is not their concern. It really depends on what you were doing at the time you
were "caught" and whether the officer is anti gun or not.