This is about IL rules/laws.
Say one lives in non-Cook county and gets CCW permit and carries weapon with more than 10 rounds mags.
Now what happens/what is the right thing to do in following situations:
If the person is passing thru cook county, still in car
what if the person in scenario 1 has to step out of the car say to get something quickly, or gets involved in accident
what if the person in scenario 1 has to step out, leaves the gun in car while someone is in the car who does not have CCW permit and cop shows up
what happens if the person works in cook county, leaves the weapon in car
what happens if the person comes across the same situations as in 1, 2, 3 and 4 for village of Deer Field and Aurora where they are their own rules for mags capacity
While I was digging up on this I found following:
** Illinois Firearm Concealed Carry Act
Section 90. Preemption.
The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for 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 handguns and
ammunition for 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.**
I see where you are trying to make a case for state preemption here, but if you get caught with an illegal weapon or high capacity mag in some local jurisdiction, likely it’ll still get confiscated and you’ll have to go to the state supreme court to get it back, at $500/hr for legal time… $50k and a year later, you might get your $600 weapon back.
No you can’t have a mag that could hold more than 10+. So if you are going to be in Cook County you will want to get some mags that have a limited capacity. You may want to think about a larger caliber if you are going to have a restricted round count (i.e. I would rather have 9 rounds of .45 than 9 rounds of 9mm).
Please verify with a lawyer first. It is my understanding that if you have a CCW in IL, then you are subject to the state’s restrictions, not the county’s on your CCW. Therefore, 10+ rounds in a CCW with an IL CCW permit is legal in Cook County. There is a term for this, but I can’t think of it right now… although I really should know it.
However, there were rumors that someone stopped by police in Chicago for a traffic ticket had their magazines confiscated. I do not know if this is true or not. I generally carry a single stack for multiple reasons, including worrying that this might happen to me.
I believe the term you are looking for is preemption. There was a challenge to the 10 round limit in 2018-2019. It made it all the way to the 7th Appellate District court. They upheld the ruling that Cook county can enforce this ban. The only way it will get overturned, is if the case is taken up by SCOTUS. If it was me, going into Cook, I’d be carrying a duty size .45 with 10+1, or an 8 round .357 mag revolver.
IIRC, my USCCA instructor said that the ban was applicable to non-carry firearms, like rifles, and for general FOID holders, but not a CC pistol if one had an IL CCW permit.
Thanks for bringing this up. I noticed varied answers, but each took the time to share their interest and tried to help. As much as I prefer to have more/expanded rights, in err-ing on the side of legal caution, I had read were local laws can still need to be followed, otherwise if not followed, the person risks the legal consequences from the local authorities.
For example, in Chicago, I cannot possess a laser-ed gun. Unless I’m mistaken, I will not carry a weapon in Cook County which has capacity of more than 10 rounds in its magazine. I attached two articles below which share such cautions, on both hand guns and rifles.
For those who reside outside of Cook, and in a county which has more freedom and carrying rights, but may be entering Cook on a regular basis, I wonder if he/she might want to consider purchasing other firearms which have less than 10 round capacity, and not having a laser.
For now, my work and home require I be primarily in Cook, but still a proud CCL/CCW carrier, within the legal limits of course. I’m narrowing down where I’ll be retiring, LOL.
If anyone comes across any other documents which shed more light on Cook and Chicago laws, they’d be helpful, and thanks in advance.
Well, if you are moving downstate, you’ll like to know our houses and taxes are WAAAAYYYY cheaper. For what you’d pay for a decent 3 bed house in Crook County, you can get the same house on 30 acres down here.
