ILLINOIS CCW 10 ROUND LIMIT ENFORCED?

[marathonrunner]

Guys, I been told in Illinois, our CCW law preempts any municipal laws so currently it appears we can carry our weapons with high cap magazines. However, local cities like Chicago has on their books a 15 round limit and everywhere else it is 10 rounds. Been told some cops will arrest you regardless of the law in spite of the fact it would be dismissed in court. I don't see how they can arrest you if CCW law preempts and if you ask me, this is totally unconstitutional.

Even if you can get it dismissed, you will have an arrest on your record. nobody seems to know here in Chicago

 

[Rick_A]

I think any law that makes criminals of law abiding citizens is unconstitutional by definition and unenforceable, but unfortunately that's not how it works.

 

[Donn]

Don't know why any of this should come as a surprise, after all it is the People's Republic of Illinois. The powers-that-be in Springfield and Chicago City Hall aren't going to roll over any time soon. They're going to continue down the Anti road, courts and the Constitution be damned. I feel for those of you still there. Glad I got out when I did.

 

[RalphMP9FS]

Currently, in Illinois, the only magazine restriction that's supposed to be in force today is for long guns (rifles) only, and that's a 10 round restriction. However, there are several online stores that won't ship anything firearms related to Chicago or Cook County, and a couple won't ship to Illinois.

Preemption.
The regulation, licensing, possession, registration, and transportation of concealed
handguns and ammunition
for concealed 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 restric
tions on licensees or concealed handguns and ammunition for concealed 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.
Note:
All local restrictions on Handguns are null and void. Local Governments can keep their restrictions
on long guns
and magazine bans for
long guns
.

 

[ispcapt]

Currently, in Illinois, the only magazine restriction that's supposed to be in force today is for long guns (rifles) only, and that's a 10 round restriction. However, there are several online stores that won't ship anything firearms related to Chicago or Cook County, and a couple won't ship to Illinois.

The state of IL does not have mag restrictions for any type of firearm.
You are correct on the preemption.

 

[Harkrader]

I hope nobody thought Illinois would simply roll over on this. They can easily duplicate - or exceed - the state of Kalifornia laws and it will take decades of lawsuits to change them. Look at what WDC is doing. Again, did anyone really think they would just roll over?
As to doing anything that is contrary to a law, however unconstitutional you "know" or think it is, do you really want to be the test case? As one person here noted, you will still have the arrest on your record.

 

[Mcwsky09]

Doesn't stop them from charging you with things like disorderly conduct or resisting arrest. My opinion is that in cases where the only resisting or disorderly conduct was in direct response to false accusations and misinterpretation of the applicable laws should also be dismissed - and that any case where the officer is found to be in the wrong all record of the arrest etc should be permanently expunged so that it does not cause you trouble at a future date.

 

[SMSgt]

LEOs can arrest you for anything. In turn they can be sued for anything. Whether either side prevails is questionable. A lawyer can get you arrest record expurged if charges are dismissed.

 

[BudMan5]

Guys, I been told in Illinois, our CCW law preempts any municipal laws so currently it appears we can carry our weapons with high cap magazines. However, local cities like Chicago has on their books a 15 round limit and everywhere else it is 10 rounds. Been told some cops will arrest you regardless of the law in spite of the fact it would be dismissed in court. I don't see how they can arrest you if CCW law preempts and if you ask me, this is totally unconstitutional.

Even if you can get it dismissed, you will have an arrest on your record. nobody seems to know here in Chicago

I have to wonder why you didn't pose this question on Illinois Carry where you are a forum member? As far as "nobody seems to know here in Chicago" what do you base that on? The administration of Illinois Carry does know and Todd Vandermyde the NRA lobbyist for Illinois is a member there and probably the most knowledgeable expert on Illinois gun laws that there is and he could also answer your question. But, as you already know, this question has been questioned and answered ad nauseam on Illinois Carry since the new law passed on July 9, 2013.

The Illinois preemption law rules out handgun magazine restrictions. The on ly magazine restrictions that remain are in Cook County and Aurora IL and that pertains to rifles, not handguns.

Sorry, but I have to question your motives in making this post.

 

[doc84]

Have you consulted with anyone who has been admitted to the IL bar AND is versed in these types of issues?