Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
2/6/2013 7:29:32 PM EDT
Hi there AR15.com

I was hoping I could ask you guys some questions regarding "home rule".

The Cook Ban isn't really enforced but I'd feel comfortable knowing I have a work around or that I am legal pretty much. Also it would be nice to know when ordering stuff online since some people don't want to ship to cook county..

I'm aware of the Illinois constitution it states a municipality's law or ordinance takes priority over a conflicting county law. There is some confusion because people say a community needs to be a home rule municipality for that to happen. But if a town/village/city makes it's own laws and has it's own form of government than pre-emption should apply.

I also want to know is a Home Rule Municipality the same as a Incorporated Municipality? We have our own elections and stuff here

People say Justice isn't on any home rule municipality list  but that is just a tax status correct?
There is a difference between a Home Rule Municipality and "Home Rule" Law based on my interpretation. Home Rule Law merely means that a city's law prevails.

Now Justice is however an incorporated municipality. It seems pretty similar to Home Rule looking at legaldictionary.com
Some people it say it isn't listed on Home Rule Municipality Website but the town does have an ordinance stating:

WEAPON CONTROL

Sec. 3-600.  General Provisions:
Click To View Spoiler

So what really stands out to me is this.
As provided in article VII, section 6© 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.


So right there the Illinois Constitution states that a city ordinance> a county ordinance. The fact that it isn't listed on a home rule municipality website shouldn't matter if it has this next ordinance in place right?

2nd part of the article says this
(2) It is specifically intended that this article shall preempt the Cook County Firearms Dealer's License and Assault Weapons Ban Sec. 3-602.  [/url]Assault Assault Weapon: Any 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.


So this proves the Village had the power to pre-empt county law, this "home rule" law status right?

Further Ordinances
Click To View Spoiler




Now taking the constitution of Illinois into consideration-
Since this ordinance intends to pre-empt Cook County on the date it was drafted then the Village would have to be "Home Rule" in regards to it's own firearm laws  Correct?

Somebody was trying to tell me the village needs to be registered as home rule, and have a conflicting law or ordinance doubtful about.


These laws are still on the books here, basically magazines are reduced to 16 rounds center (conflicts with cook's 10 of any caliber), and Assault Weapons are defined accurately as select fire (conflicts with cook's definition.) They aren't enforced or strict on firearms, but based on the written law the city's laws take priority over any county laws.

Anyone else agree with me? Can anyone help clarify all this? Just wanted to say thank you for your time and I apologize for the long post. Debunking this would make it easier to educate people about shipping things to my address in regards to classifieds sales if anyone had doubts.

Atleast they are honest about what an Assault Weapon is and don't identify by "evil" features.
2/7/2013 2:47:23 AM EDT
[#1]
IM me my attorney teaches a class. Take his class and all will be revealed to you. From a veteran Chicago detective with a law degree.

Now ain't that a whole lot better than getting legal and or dating advice from the Internet?
2/7/2013 7:03:46 AM EDT
[#2]
The Cook Co. ban (which, as you've mentioned, has never been enforced) only applies in unincorporated areas of Cook Co. and in municipalities that don't have their own gun control statutes.  If Justice has it's own "weapons control" ordinances then no, the Cook Co. AWB is pre-empted by that ordinance and the AWB won't apply in Justice.
2/7/2013 8:58:00 AM EDT
[#3]
Appreciate the advice, I'm already taking law classes. I was just wondering how everyone else interpreted this.
2/7/2013 3:03:41 PM EDT
[#4]
Quoted:
The Cook Co. ban (which, as you've mentioned, has never been enforced) only applies in unincorporated areas of Cook Co. and in municipalities that don't have their own gun control statutes.  If Justice has it's own "weapons control" ordinances then no, the Cook Co. AWB is pre-empted by that ordinance and the AWB won't apply in Justice.


This is my understanding of it as well.
2/7/2013 3:47:51 PM EDT
[#5]
Quoted:
The Cook Co. ban (which, as you've mentioned, has never been enforced) only applies in unincorporated areas of Cook Co. and in municipalities that don't have their own gun control statutes.  If Justice has it's own "weapons control" ordinances then no, the Cook Co. AWB is pre-empted by that ordinance and the AWB won't apply in Justice.


I was told that the town must have a specific ordinance exempting them from the "Deadly Assault Weapons Dealer" ordinance and that a homerule town is not necessarily homerule with firearms until this is done. As always, ATF and their go to people at Department Of Revenue could be wrong. Not that it matters since the ban is not currently being enforced and every local shop that used to not be able to sell modern rifles tot eh public is now doing so.