by Yesterday, I posted a notice from the Illinois State Rifle Association that the First District Appellate Court had ordered briefs from both parties in Wilson et al v. Cook County et al. This was a case challenging the constitutionality of the Cook County, Illinois ordinance called the Blair Holt Assault Weapons Ban. I thought it might be helpful to be able for people to read the ordinance in question.
NOTE: This was adopted in 2006 – this is not something new.
DIVISION 4. – BLAIR HOLT ASSAULT WEAPONS BAN [11]
Sec. 54-211. – Definitions.
Sec. 54-212. – Assault weapons and large capacity magazines; sale prohibited; exceptions.
Sec. 54-213. – Destruction of weapons confiscated.
Secs. 54-214—54-240. – Reserved.Sec. 54-211. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Assault weapon means:
(1) A semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:
(A) Only a pistol grip without a stock attached;
(B) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(C) A folding, telescoping or thumbhole stock;
(D) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
(E) A muzzle brake or muzzle compensator;(2) A semiautomatic pistol or any semi-automatic rifle that has a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;
(3) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(A) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(B) A folding, telescoping or thumbhole stock;
(C) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(D) A muzzle brake or muzzle compensator; or
(E) The capacity to accept a detachable magazine at some location outside of the pistol grip.(4) A semiautomatic shotgun that has one or more of the following:
(A) Only a pistol grip without a stock attached;
(B) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(C) A folding, telescoping or thumbhole stock;
(D) A fixed magazine capacity in excess of five rounds; or
(E) An ability to accept a detachable magazine;(5) Any shotgun with a revolving cylinder.
(6) Conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person;
(7) Shall include, but not be limited to, the assault weapons models identified as follows:
(A) The following rifles or copies or duplicates thereof:
(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;
(ii) AR-10;
(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
(iv) AR70;
(v) Calico Liberty;
(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
(viii) Hi-Point Carbine;
(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
(x) Kel-Tec Sub Rifle;
(xi) Saiga;
(xii) SAR-8, SAR-4800;
(xiii) SKS with detachable magazine;
(xiv) SLG 95;
(xv) SLR 95 or 96;
(xvi) Steyr AUG;
(xvii) Sturm, Ruger Mini-14;
(xviii) Tavor;
(xix) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or
(xx) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).(B) The following pistols or copies or duplicates thereof:
(i) Calico M-110;
(ii) MAC-10, MAC-11, or MPA3;
(iii) Olympic Arms OA;
(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
(v) Uzi.(C) The following shotguns or copies or duplicates thereof:
(i) Armscor 30 BG;
(ii) SPAS 12 or LAW 12;
(iii) Striker 12; or
(iv) Streetsweeper.“Assault weapon” does not include any firearm that has been made permanently inoperable, or satisfies the definition of “antique firearm,” stated in this section, or weapons designed for Olympic target shooting events.
Detachable magazine means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
Large capacity magazine means any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.Muzzle brake means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
Muzzle compensator means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(Ord. No. 93-O-37, § 6-1, 10-19-1993; Ord. No. 93-O-46, § 6-1, 11-16-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 3(6-1), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)
Sec. 54-212. – Assault weapons and large capacity magazines; sale prohibited; exceptions.
(a) No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine. This subsection shall not apply to:
(1) The sale or transfer to, or possession by any officer, agent, or employee of Cook County or any other municipality 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; or peace officers to the extent that any such person named in this subsection is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine and does so while acting within the scope of his or her duties;
(2) Transportation of assault weapons or large capacity magazine if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person.(b) Any assault weapon or large capacity magazine possessed, sold or transferred in violation of Subsection (a) of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of Section 54-213.
(c) Any person found in violation of this section shall be sentenced to not more than six months imprisonment or fined not less than $500.00 and not more than $1,000.00, or both.
(d) Any person who, prior to the effective date of the ordinance codified in this section, was legally in possession of an assault weapon or large capacity magazine prohibited by this section shall have 90 days from the effective date of the ordinance to do any of the following without being subject to prosecution hereunder:
(1) To remove the assault weapon or large capacity magazine from within the limits of the County of Cook; or
(2) To modify the assault weapon or large capacity magazine either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon or large capacity magazine; or
(3) To surrender the assault weapon or large capacity magazine to the Sheriff or his designee for disposal as provided below.(Ord. No. 93-O-37, § 6-2, 10-19-1993; Ord. No. 93-O-46, § 6-2, 11-16-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 3(6-2), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)
Sec. 54-213. – Destruction of weapons confiscated.
(a) Whenever any firearm or large capacity magazine is surrendered or confiscated pursuant to the terms of this article, the Sheriff shall ascertain whether such firearm is needed as evidence in any matter.
(b) If such firearm or large capacity magazine is not required for evidence it shall be destroyed at the direction of the Sheriff. A record of the date and method of destruction an inventory or the firearm or large capacity magazine so destroyed shall be maintained.
(Ord. No. 93-O-37, § 6-3, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 3(6-3), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)
I certainly can see why this ordinance was challenged. Under its provisions, a Ruger 10/22 with a Barracuda stock becomes an assault weapon. It utilizes a detachable magazine, Ramline and Butler Creek make greater than 10 round capacity magazines, and the Barracuda stock is a thumbhole stock.
Then there are pistols that are outlawed right up front such as the Ruger Charger and some models (711 and 712) of the Mauser C-96 as both utilize magazines that attach outside the pistol grip.
As to shotguns, the Saigas are a no-no and then there is that mega-assault weapon the Rossi Circuit Judge. The Circuit Judge has a rotary cylinder. Put a extension tube on your Remington 870 in order to compete in 3-gun competitions and you have an assault weapon.
This ordinance is a joke – it was a feel good measure passed by a county Board of Commissioners that didn’t have a clue. And still doesn’t.
You are wrong about an extension tube on a Remington 870 being illegal. The 870 is not semiautomatic and there is no wording in the statute limiting capacity in a pump shotgun, other than the generic 10-Round limitation (and an 11 Round extension tube would stretch all the way to Indiana!). 🙂
Perhaps when you wrote those words, pump shotguns were included in the definition – I know certain aspects of the law were changed after initial passage. For instance, the original law banned the M1 Carbine. Thankfully, that is no longer the case.
The Statute still sucks though.