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:
(a) Title: This article shall be known as the JUSTICE FIREARMS AND [/url]ASSAULT weapons. 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.
(2) It is specifically intended that this article shall preempt the Cook County Firearms Dealer's License and Assault 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.
(2) Assault Ammunition: A detachable magazine capacity of which is more than sixteen (16) rounds center fire.
( :cool: assault weapon or weapon or assault ammunition to any officer, agent or employee of the village or any other municipality, county, body, politic or state, or of the United States, members of the armed forces of the United States; or the organized militia of this or any other state, and peace officers to the extent that any such person is otherwise authorized to acquire or possess an assault ammunition and is acting within the scope of his or her duties;
b. The possession for sale and distribution or the sale to, or the acquisition or possession of assault ammunition by persons employed to provide security for armored carriers or mobile check cashing services while in the course of such duties, while commuting directly to or from the person's place of employment, and while at the person's home, if the assault weapons if such weapon or assault ammunition possessed, sold or transferred in violation of subsection ( :cool:(1) of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with as provided in subsection ( :cool:(4)c of this section.
(3) Any person found in violation of this section shall be fined not less than two hundred fifty dollars ($250.00) per day and not more than five hundred dollars ($500.00) per day, or both.
(4) Any person who, prior to the effective date hereof, was legally in possession of an assault ammunition prohibited by this section, shall have fourteen (14) days from the effective date hereof to do any of the following without being subject to prosecution hereunder:
a. To remove the assault weapon either to render it permanently inoperable or to permanently make it a device no longer defined as an assault Weapons Confiscated:
(1) Whenever any firearm or ammunition is surrendered or confiscated pursuant to the terms of this article, the chief of police shall ascertain whether such firearm or ammunition is needed as evidence in any matter.
(2) If such firearm or ammunition is not required for evidence, it shall be destroyed at the direction of the chief of police. A record of the date and method of destruction and inventory of the firearm or ammunition so destroyed shall be maintained.
(Ord. 94-29, § 3, 12-27-1994)
(Ord. 94-29, § 3, 12-27-1994)
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
BookmarkARTICLE I. IN GENERAL
BookmarkSec. 7-1. Criminal code adopted.
There is hereby adopted the Illinois statute entitled the Criminal Code of 1961, as now or hereafter amended, which is incorporated in this section as if set out at length herein. An officer issuing a citation or complaint may issue it by using any of the sections of the Criminal Code of 1961. All citations or complaints so issued shall be issued in the name of the village and shall be referred to in the citation or complaint as an ordinance violation. The penalties specified in section 1-7 of this Code of Ordinances shall apply to such violations.
State law reference-Criminal Code of 1961, Ill. Rev. Stat. Ch. 38, § 1-1 et seq.
BookmarkSec. 7-2. Definition.
For the purposes of this article the term "firearm" means any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any other part or parts of such weapon.
(Code 1972, § 6-4-1)
State law reference-"Firearm" defined, Ill. Rev. Stat. Ch. 38, § 83-1.1.
BookmarkSec. 7-3. Unlawful possession of firearm.
(a) Any person under eighteen (18) years of age, any narcotic addict, any person who has been convicted of a felony under the laws of this state or any other jurisdiction within five (5) years from release from the penitentiary or within five (5) years of conviction if a penitentiary sentence has not been imposed, and any person who has been released from a mental institution or from the custody of the juvenile division of the state department of corrections within the last five (5) years, or is mentally retarded, and any person who possesses any firearm, the possession of which is prohibited by any state or federal law relating to weapons or firearms, shall be ineligible to register pursuant to this article. Any purported registration by any of the above described persons shall be null and void.
(b) A person may not possess or harbor any firearm, whether concealed or not concealed, if such person is ineligible to register himself with the licensing authority pursuant to the provisions of this article.
(c) Any person who violates subsection (a) or (b) shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first offense and not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for the second offense and shall be punished as a misdemeanor for each subsequent offense by incarceration in the county jail for a term not to exceed six (6) months under procedures set forth.
(d) It shall be unlawful for any person to carry in any vehicle or about his person, except when on his land or in his own abode or fixed place of business, any rifle, shotgun, or other firearm; provided that this subsection shall not apply to:
(1) Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer.
(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
(3) Members of the armed services or reserve forces of the United States or the Illinois national guard or the reserve officers training corps, while in the performance of their official duty.
(4) Special agents employed by a railroad to perform police functions, or employees of a detective agency, watchman, guard or patrolman agency, licensed by the state, while actually engaged in the performance of the duties of their employment, or while commuting between their homes and places of employment.
(5) Agents and investigators of the Illinois Crime Investigating Commission authorized by the commission to carry weapons, while on duty in the course of any investigation for the commission.
(6) The manufacture, transportation, or sale of weapons to persons authorized under law to possess them.
(7) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using their firearms on such target ranges.
(8) Duly authorized military or civil organizations while parading, with the special permission of the governor.
(9) Licensed hunters or fishermen while engaged in hunting or fishing.
(10) Transportation of weapons broken down in a nonfunctional state or not immediately accessible.
(e) Any person violating the provisions of subsection (d) shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(Code 1972, §§ 6-4-2--6-4-6)
State law references-Unlawful use of weapons, Ill. Rev. Stat. Ch. 38, § 24-1; unlawful use of weapons by felons, Ill. Rev. Stat. Ch. 38, § 24-1.1; exemptions, Ill. Rev. Stat. Ch. 38, § 24-2; "mental retardation" defined, Ill. Rev. Stat. Ch. 91 1/2, § 1-116.
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.
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