united-states illinois second-amendment local-ordinance
Why can gun shops sell guns in areas with ordinances restricting them?
<p>In Chicago/Riverdale(Cook County) there are local ordinances against owning &quot;assault-style&quot; weapons, yet there are multiple firearms dealers in these cities/villages.</p>
<p>Does the banning of firearms not apply to the sellers?</p>
<p>Does anyone who buys a weapon from here and walks out of the store immediately commit a crime based on ownership alone?</p>
<p><a href="https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2644509" rel="nofollow noreferrer">Chicago Ordinace</a>
<a href="https://en.wikipedia.org/wiki/Gun_laws_in_Illinois" rel="nofollow noreferrer">Wikipedia Reference</a></p>
<blockquote>
<p>It shall be unlawful for a person to import, sell, manufacture, transfer, or possess an assault weapon.</p>
</blockquote>
<p><a href="https://library.municode.com/il/cook_county/codes/code_of_ordinances?nodeId=PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA" rel="nofollow noreferrer">Definition Of Assault Weapon Cook County</a></p>
<p>Many places in cook county sell rifles with muzzle brakes and telescoping stocks which makes a weapon classified as an assault rifle.</p>
<p><a href="https://eaglesportsrange.com/" rel="nofollow noreferrer">Eagle Shooting Range in Cook County,IL</a> sells what cook county classifies as assault weapons.</p>
<p>If you take a look at the weapons on the sale floor here <a href="https://eaglesportsrange.com/gallery/" rel="nofollow noreferrer">here</a> you will see rifles with telescoping stocks and muzzle brakes.</p>
<p>I am a local to this area, there are many different weapons that meet the requirement to be classified as an &quot;assault weapon&quot; (based on the definition).</p>
<p>They are open about these sales too, if you were to call up this store and ask them do they sell a Springfield Saint Edge, they will tell you yes.</p>

<p><a href="https://library.municode.com/il/cook_county/codes/code_of_ordinances?nodeId=PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA" rel="nofollow noreferrer">§Sec. 54-212</a> of the ordinance states</p>
<blockquote>
<p>(a) It shall be unlawful for any person to manufacture, sell, offer or
display for sale, give, lend, transfer ownership of, acquire, carry or
possess any assault weapon or large capacity magazine in Cook County</p>
</blockquote>
<p>So if the gun is an assault weapon, it is not legal to sell. That ends the legal inquiry. Beyond that, we can only conjecture as to possibilities, for example (1) you may be mistaken in your assessment of some particular firearm, (2) the authorities don't know yet so haven't taken action or (3) they do know and they have taken action. Your link did not lead to any obvious things that count as an assault weapon, perhaps you could be more specific.</p>

<h2>An Assault Weapon needs to fit the whole definition</h2>
<p>A rifle is an assault weapon if...</p>
<blockquote>
<p>Assault weapon means:</p>
<p>(1)A semiautomatic rifle that <strong>has the capacity to accept a large capacity magazine</strong> detachable or otherwise <strong>and one or more of the following</strong>:</p>
<p>(A)Only a pistol grip without a stock attached;</p>
<p>(B)Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;</p>
<p>(C)A folding, telescoping or thumbhole stock;</p>
<p>(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</p>
<p>(E)A muzzle brake or muzzle compensator;</p>
</blockquote>
<p>This means it must <strong>both</strong> accept large-capacity magazines (more than 10 rounds) and have one or more of the items A to E. If it does not accept large-capacity magazines (which can be done by modifying the magazine well slightly), it can't meet the assault weapon definition at all.</p>
<p>If the weapon isn't accepting large-capacity magazines, it can have one or even all of the accessories in the A-E list.</p>
<h2>If it is an assault weapon</h2>
<p>If it actually <strong>is</strong> one, then possession and sale are illegal.</p>

<p>Oak Forest Illinois is a home rule town based on that fact the Oak Forest laws trump the Cook County ordinance. This is how gun shops in Cook County legally can sell assault style rifles. Unless the specific village has a ban similar to Cook county that would be the only way it would be illegal. So in summary no laws are being broken.</p>
