The great state of Illinois

[rcollier]

First off please remove/move this thread if it is not appropriate
My son lives in Aurora Ill new to town and has been saving and looking to buy a full size M&P 9mm. He and some friends were shooting at a range in town and he asked the owner if he had any M&P's for sale. The gentleman had a nice used full size that was in the price range my son wanted. He promptly told the proprietor to write up the sale. My son handed him his FOID card and was surprised when the owner informed him he couldn't sell him the pistol, when my son inquired why he was told that there was a city ordinance banning the sale of any handgun with a mag capacity over 10. He could have purchased it if he lived in a neighboring city!
Here is my question, my son has a friend who lives in a neighboring community.
If his friend legally purchased the handgun and then they went to a FFL in a different town and transferred the pistol to my son would that be legal?

Thank you for any advice that you care to share

 

[lee n. field]

<sigh>

We have preemption here now, in Ill-i-noise. The proprietor is being cautious.

But, that said

If his friend legally purchased the handgun and then they went to a FFL in a different town and transferred the pistol to my son would that be legal?

This has the feel of a "straw purchase", though not the reality.

Ask your question at illinoiscarry.com.

 

[gbclarkson]

Welcome to Illinois!!! Ha! Municipalities in Illinois vary state and federal gun laws to suit their electorates. The closer to Chicago, the gun laws tend to be more restrictive. I wonder if the range owner could sell the pistol without the magazine(s), if capacity is the only issue. Then your son could add the magazines later.

AFAIK, Illinois FOIDs are usable anywhere in Illinois. I have bought several guns outside of my hometown. But I live downstate; certain Cook County-area towns may reject sales to other certain Northeastern Illinois addresses. Could your son purchase the wanted model in the adjacent town and skip the bureaucratic process of the middle man?

Person to person sales of firearms are allowed in Illinois as long as all of the regulations are adhered to. However, specifically in Aurora, is it illegal to buy or possess high capacity magazines or guns that are capable of accepting high capacity magazines? This question may need to be answered first.

Good luck

 

[ammo.crafter]

WOW!

Ah, now I recall why I relocated to Pennsylvania.

 

[Brutus]

Ah yes the wonderful land of stinken where you get to pay extra taxes to support the pensions of the bureaucrats. Love the latest one from the wonderful land of crook county. A penny for every 22lr. And a nickel a round for all center fires.

 

[JDBerg]

Ah, now I recall why I relocated to Pennsylvania.

I relocated from Pennsylvania to Colorado for work, and the only negative firearm regulation out here is the 15 round mag cap limit.

 

[sigarms228]

I am pretty sure Aurora has a 15 round limit on magazines.

Maybe he should look into a pistol that has that such as the HK VP9, Walther PPQ, etc.

 

[Spats McGee]

A good place to start is here: https://www.municode.com/library/il/aurora/codes/code_of_ordinances

 

[kmw1954]

As goes Cali and NYC so goes Cook County and the 5 surrounding counties. Good Luck. I grew up In McHenry Co. and moved to Wis. in 1984 because I got tired of the Chicago political fallout. I now live 3 miles north of the Illinois state line. Still have family in tat state.

The ban in Aurora is still in effect no matter where in the state you purchase.

 

[rcollier]

So he can not process a handgun with a 17rd mag in Aurora even if he purchased it legally outside of the city? What the hell is the sense in that, like two rounds turn the thing into a killing machine.
Thanks for the info gents. Hopefully he gets transferred this spring and gets the hell out of the Chicago area, it's not like he lives in a bad neighborhood but should be able to defend himself how he chooses.

 

[kmw1954]

As far as I know he can own and possess the gun but not with a magazine with a capacity greater than 10 rounds.

Would need to have an aftermarket or factory 10 round mag.

 

[peggysue]

It is the law. He has a FOID and can get a CCW too. I am sure the OP does not want his son to go to jail and lose his gun rights. Plenty more guns out there. Nothing to get upset about.

 

[Mike38]

It's not an Illinois thing, it's an Aurora thing. Here I sit, less than an hour from Aurora with stacks of 15 round pistol magazines and 30 round rifle magazines, a pistol in my pocket, free to travel anywhere in my county. Us normal folks outside of the cities got it just fine. Illinois ain't as bad as people think it is.

 

[HistoryJunky]

Yep it's just that area. I live right by the Illinois Wisconsin border about 2 hours from Chicago and we have no restrictions other than the FOID card, which is state law.

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[Dave P]

"Nothing to get upset about."

Peggy, peggy, Peggy ... what about that sentence: "shall not be infringed."

 

[alfredr]

"We have preemption here now, in Ill-i-noise. The proprietor is being cautious."

Preemption is in Illinois, but it is in western Illinois, Mercer County; Aurora is in northeastern Illinois, in the Chicago area.

 

[rcollier]

Mike 38
My apologies to the state of Illinois, of course I am sure the entire populous is not anti gun nut jobs. Just found it almost unbelievable when he told me about this. I am certainly aware of these laws but never thought much about it until experiencing it first hand.
I certainly don't want him to break the law, he has decided to hold off for the present time as he really has his sites set on the M&P full size.
Thanks to all who posted.

 

[Armed_Chicagoan]

All local handgun laws are null and void as all things handgun are pre-empted by state law.

The ONLY exception is if the person is an Illinois resident and does not have a FOID card, as pre-emption only covers FOID card holders.

But you still have some FFLs who are ignorant of the laws. And you will find no examples anywhere of prosecutions of violating magazine limits for handguns since handgun laws were pre-empted.

 

[shaunpain]

What the guy above me said. Illinois preempts all handgun and handgun magazine ordinances since 2013. The shop owner is incorrect that he cannot sell it to you, but rather he is unwilling to. If he is genuinely unaware of the law, that is a cause for concern given his choice of propriety and you'd do well to take your future business elsewhere. Being a Chicago resident earns you a defacto ban from all sorts of manufacturers and brokers; in this I speak from experience. Locate your pistol online and have a coffee table FFL accommodate your transfer. Done deal.

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[Armorer-at-Law]

Here is my question, my son has a friend who lives in a neighboring community.
If his friend legally purchased the handgun and then they went to a FFL in a different town and transferred the pistol to my son would that be legal?

Whatever the legalities of one city vs. another in Illinois, this is a classic straw purchase under federal law and is illegal. It matters not that neither are prohibited persons, nor that both transfers are through an FFL. The Supreme Court has made this clear: Abramski v. United States (2014). See https://www.nraila.org/articles/201...aw-purchase-rules-in-abramski-v-united-states