Posted on 02/20/2007 6:22:16 AM PST by Copernicus
My mouth could be classified as a machine gun, able to spit out cuss words at 250wpm. What shall happen to my mouth?
Here's the latest home rule 'assault weapons ban' passed under the table in Cook County. Daley and his his toadies at work.
06-O-50
ORDINANCE
Sponsored by
THE HONORABLE LARRY SUFFREDIN, COUNTY COMMISSIONER
Co-Sponsored by
THE HONORABLE JOHN P. DALEY AND JOAN PATRICIA MURPHY
COUNTY COMMISSIONERS
Amendment to the
“Cook County DEADLY WEAPONS DEALER CONTROL Ordinance”
WHEREAS, the Federal assault weapons ban, of the Violent Crime Control and Law Enforcement Act of 1994, as amended, 18 USC Sec. 921 et seq. expired on September 13, 2004; and
WHEREAS, the County Board desires to (1) amend Ordinance 93-O-37, as amended by Ordinance 93-O-46 and Ordinance 99-O-27, Article I, Section 1-2 by striking and deleting language in section 1-2; and (2) amend Ordinance 93-O-37, as amended by Ordinance 93-O-46 and Ordinance 99-O-27, Article VI, by deleting and adding language as stricken through and underlined below.
NOW, THEREFORE, PURSUANT TO THE HOME RULE AUTHORITY OF THE COOK COUNTY BOARD OF COMMISSIONERS, AS VESTED IN IT BY THE ILLINOIS CONSTITUTION OF 1970, HEREBY AMEND PORTIONS OF THE ORDINANCE, AS FOLLOWS:
ARTICLE I. GENERAL PROVISIONS
Section 1-2 Applicability.
(a) This article shall control the licensing of all firearms dealers within Cook County except in home rule municipalities which have a separate municipal ordinance specifically regulating the licensing of firearms dealers.
(b) Pursuant to Article VII, Section 6(c) of the 1970 Constitution of the State of Illinois, if this article conflicts with an ordinance of a home rule municipality, the municipal ordinance shall prevail within its jurisdiction.
ARTICLE VI. ASSAULT WEAPONS BAN
Section 6-1 Definitions.
As used in Article VI of this Ordinance, the following terms shall have the following meaning:
(a) “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 10 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 5 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.
(b) “Assault weapon” does not include any firearm that has been made permanently inoperable, or satisfies the definition of “antique firearm,” stated in this Ordinance, or weapons designed for Olympic target shooting events.
(c) “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.
(d) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 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 10 rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.
(e) “Muzzle brake“ means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(f) “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
Section 6-2 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 non-functioning 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 6-2 of this Ordinance.
(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 Ordinance, 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.
Section 6-3 Destruction of weapons confiscated.
Whenever any firearm or large capacity magazine is surrendered or confiscated pursuant to the terms of this Ordinance, the Sheriff shall ascertain whether such firearm is needed as evidence in any matter.
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.
Approved and adopted this 14th day of November 2006.
It's only helpful if Fedgov would follow court rulings.
The money quote from US v. RIA
In sum, since enactment of 18 U.S.C. sec. 922(o), the Secretary has refused to accept any tax payments to make or transfer a machinegun made after May 19, 1986, to approve any such making or transfer, or to register any such machinegun. As applied to machineguns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional. Accordingly, Counts l(a) and (b), 2, and 3 of the superseding indictment are
DISMISSED.
Problem is that ruling only addresses those parts of the NFA supplanted by 922(o). May not have to pay the $200 tax, but now you can't even have something that you otherwise would have been willing to pay the tax on.
Fully automatic anything is outright banned if made after '86, and priced into oblivion if made before.
So if you have an MG and use this for a defense? What exactly happens? Has anyone tried using it as precendent setting decisions?
I guess they haven't been told about the Ruger Mini-30 (which fires the same ammo as the AK-47)
As long as King Richard is safe...
Actually, if you look at the ruling, the justification for sect. 922 even being constitutional was based on the ability of congress to tax. Take away the tax nexus, and the entire edifice falls.
This is why Fedgov never appealed the decision. They aren't willing to take the chance on the supremes ruling against them, and thus destroy the entire house of cards they've built their dreams of civilian disarmament upon.
I haven't found any cases where it was used effectively. I have found a few cases that appealed to it as precident, and was accepted as such by the court in question, but the courts tap danced around its aplicability to the situation at hand.
If the NRA was really interested in getting rid of gun control laws, this is the type of case that would be brought and pushed all the way though the system as noisily as possible. Unfortunately, the NRA is more interested in self-perpetuation than removing its reason for existance.
(beyond the educational works they do.)
Now if I could just remember which case established that NFA was legal only because it was a _tax_ instead of a _ban_, I could end 922(o).
IIRC, reference to this was made in one of the two cases I cited earlier. I'll have to read through them both to find it though.
If I had the money, I'd absolutely take this all the way to the supreme court.
I don't have the money in the normal sense.
I do, however, have enough for basic filings.
Rattle the cage hard enough and the money will show up.
Actually, I think the case is very straightforward, no major money needed.
The key case is Sonzinsky, which one of your links indirectly references. Thanks!
bow and arrow time
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