Posted: 7/15/2011 2:19:33 PM EDT
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I had gotten into a discussion today with a coworker who was saying that owning an AR15 is a felony in crook county. Is this true? How does Home Rule surpass the law for crook? He was also arguing that home rule does not over rule county laws and that it is still a felony. I have been searching through documents but I am simply reading about fines if one is not in accordance to the article.
Anyone have anything I can see to clear this up? |
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Don't quote me on this –– I am not a lawyer, not do I play one on TV –– but home rule essentially means that different or similar or contradictory rules are already in place, and those rules have higher authority than the county's.
If there are no rules in place, then the county's rules would intercede and apply in any legal question or interpretation. |
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The Cook County AWB law is under attack by the ISRA. Check the isra.org website for updates on the lawsuit.
Besides, it is my understanding ( I am NOT a lawyer) that no one in Cook has been arrested or prosecuted under the Ban, probably because the lawsuit is NOT complete. |
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On the books, not enforced due to current lawsuits. Supposedly held in the event they arrest some smuck and will use it to "Throw the book" at person with a dogpile of charges. It's pretty common that the states atty normally plays lets make a deal as SOP.
http://www.suffredin.org/legislativelibrary/Legislation.asp?LegislationID=352&Library=cook This all came about from the voters referendum question a few years back. “For the health and safety of children and the entire community, shall the State of Illinois enact a comprehensive ban on the manufacture, sale, delivery and possession of military-style assault weapons and .50 caliber rifles?” Remember? Oh and you as a resident can own an AR 15 or other such evil rifle of restricted item , you just cant keep it within the counties boundaries unless you live in a town that has home rule and specific laws refuting the counties laws on the matter. |
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Quoted:
? If home rule can make there own laws why can't home rule make CCW legal? Because no subdivision of the state can nullify a state law - thus the reason that Peoria Co. couldn't issue CCW a few years ago as they were discussing. Home Rule communities can exempt themselves from County regulations/laws, however. |
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Heres a list of municipalities that are set up with home rule. BUT you need to check each individual town to see if they did anything in regards to any firearms legislation.
http://www.iml.org/page.cfm?key=2 |
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Quoted:
Does anyone have a list of any municipalities in Cook which have excluded themselves from the ban? Maybe ESwanson does. I know a list got around with Quilicy (sp?) the ISRA lawyer for the Stroger lawsuit. There aren't too many, though. I know Berwyn is one. |
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Quoted:
Heres a list of municipalities that are set up with home rule. BUT you need to check each individual town to see if they did anything in regards to any firearms legislation. http://www.iml.org/page.cfm?key=2 To expand on this, just because they have home rule doesn't mean the Cook Co. ordinance wouldn't apply. From what I recall, the individual municipality must have legislated (i.e. have an ordinance) on the topic before it would preempt the Cook Co. ordinance. Of course, there may be a legal gray area as to whether Municipality X's weapons ordinance is actually on the same topic as the Cook Co. AWB. i.e. just because it mentions weapons might not be enough, but on the other hand saying "assault weapons are permitted notwithstanding Cook County's ordinance" is not necessary either. |
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Quoted:
Quoted:
Heres a list of municipalities that are set up with home rule. BUT you need to check each individual town to see if they did anything in regards to any firearms legislation. http://www.iml.org/page.cfm?key=2 To expand on this, just because they have home rule doesn't mean the Cook Co. ordinance wouldn't apply. From what I recall, the individual municipality must have legislated (i.e. have an ordinance) on the topic before it would preempt the Cook Co. ordinance. Of course, there may be a legal gray area as to whether Municipality X's weapons ordinance is actually on the same topic as the Cook Co. AWB. i.e. just because it mentions weapons might not be enough, but on the other hand saying "assault weapons are permitted notwithstanding Cook County's ordinance" is not necessary either. That's why I was wondering if anyone had compiled a list of the Cook County municipalities which had specifically opted out of the ordinance. I have been told Streamwood, Hoffman Estates, Des plains, and now Berwyn but have never seen a complete list that was verified. |
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The state constitution does not allow a home rule entity to make anything a felony short of the state legislature authorizing it and the state legislature has not.
It does not appear the Cook County AWB has ever been actively enforced. I don't know if it has anything to do with the lawsuits or not. |
My shooting instructor is an attorney and ex Chicago cop. I asked him about my village. He said not to worry. The Chief of police in my village said not to worry. My village attorney danced around the issue saying she has heard of no such ban. But would let Cook County Sheriffs enforce any laws . The cops have been to my house over my kids doing stupid shit and I have answered the door with a t shirt with the picture of a AR with a suppressor on the front and they did not even blink or comment on it. I still worry and try to keep a low profile
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