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Murphy backs off gun bill
Daily Southtown (Illinois) ^ | 8/26/05 | Jonathan Lipman

Posted on 08/28/2005 3:24:10 PM PDT by kiriath_jearim

Murphy backs off gun bill

Commissioner says she did not fully understand ordinance when she signed

Friday, August 26, 2005

By Jonathan Lipman Staff writer

Cook County Commissioner Joan Murphy is backing away from a gun-control bill she had pledged to support after getting phone calls from residents opposing it.

The bill, authored by Commissioner Larry Suffredin (D-Evanston), seeks to update the county's 15-year-old assault weapons ban.

Suffredin said the bill is similar to the federal assault weapons ban that expired last year, and it would set a minimum standard for all villages and cities countywide.

Murphy was a co-sponsor when the bill was introduced July 12, along with South Side Commissioner John Daley (D-Chicago). But she said this week she's pulling her support and may vote against it.

"It's because of the number of calls I've received from people I respect, many of them people who have had guns since World War II," Murphy (D-Crestwood) said.

Suffredin said he's not sure how important Murphy's vote will be to get the legislation passed. Daley said Thursday he still backs the bill, and Commissioner Mike Quigley (D-Chicago) said he will ask to join as a co-sponsor.

The county's existing assault weapons ban has been in place since 1993.

"All I ever intended to do was consult with the police departments to update the ordinance, not expand anything, and to try to deal with the public safety," Suffredin said.

The Illinois State Rifle Association distributed a letter Aug. 17 urging members to call commissioners and oppose the bill.

"It is very likely that various police departments will conduct midnight raids on gun owners' homes, as a publicity stunt," the letter says.

Under the proposal, "most of the semi-automatic rifles, pistols and shotguns you own would be banned and subject to confiscation," the letter says

Suffredin disputed the claims, saying all of the guns covered in his bill were illegal under the expired federal ban, and nearly all of them still are illegal under the county's existing ban. Hunting weapons and antique weapons would not be affected, he said.

Murphy said she did not fully understand the ordinance when she agreed to become a co-sponsor.

"After I dissect this a little further, I'll see what changes have been made to the old law," Murphy said. "I will probably speak out against it ... but I may vote 'present.' "

She doesn't agree with the rifle association's claims but also says Suffredin's proposal and the existing county assault weapon ban may be unconstitutional, and have been ineffective.

"Rather than add another law, why don't we just enforce the laws we have?" Murphy said. "The law that was passed was to get assault weapons off the street, but that hasn't really happened has it?"

Murphy said she does not believe most of the people calling her are rifle association members.

Suffredin said his office was "inundated with calls" days after the rifle association letter went out.

The 1993 county law banned assault weapons by specific name, listing 61 different weapon "types," such as an AK-47 assault rifle or Uzi carbine, that cannot be bought, sold, or owned anywhere in Cook County.

The law covers all of unincorporated Cook County and any village in the county without its own weapons ban. Any village that does have a law must adopt rules at least as strict as the county's.

Suffredin's bill would update the names of those 61 weapons and also add a list of general characteristics that define whether a gun not on that list is also an "assault weapon." Those characteristics include any semi-automatic rifle that holds more than 10 rounds, features a pistol grip or has a folding stock.

"I'm not trying to affect any gun owner's ownership," Suffredin said. "Under the existing ordinance they shouldn't have these guns in the first place."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Illinois
KEYWORDS: banglist; billofrights; constitutionlist; donutwatch; gunnazis; jackbootedthugs

1 posted on 08/28/2005 3:24:13 PM PDT by kiriath_jearim
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To: kiriath_jearim

This message is intended for all ISRA Members and gun owners that are
Cook County residents.
Please forward this message to your friends that may not be recipients
of ISRA email alerts.

As a resident of Cook County the future of your gun rights is in
serious jeopardy.

On July 12, 2005 Cook County Board member Larry Suffredin introduced a
county wide assault weapons ban. Under the provisions of this proposed
ordinance, most of the semi automatic rifles, pistols, and shotguns you
own would be banned and subject to confiscation by the Cook County
Sheriff. The ordinance is currently assigned to the Boards committee on
health and hospitals. Without your strong opposition to this proposal, it
will likely be voted into law by the full Cook County Board during the
September 8, 2005 board meeting.

Once the ordinance is passed, you will have 90 days to either demil
semi automatic firearms, move them out of Cook County, or surrender them
to the Cook County Sheriff. Should you fail to do so you will be subject
to a $500 fine and up to 6 months in jail. Given the high profile of
this ordinance, it is very likely that the Cook County Sheriff and Mayor
Daleys CAGE unit will conduct midnight raids on gun owners homes as a
publicity stunt to hype the ban.

ISRA urges you to call your Cook County Commissioner and ask them to
vote against this oppressive ban. As usual this will have no effect on
crime. It will only affect law abiding citizens.


Call your Cook County Commissioner today!



More information on the proposed ban:
Text of the proposed ban on Commissioner Larry Suffredin's website
(webmaster's note: this information is included in-line below for those
receiving [html] formatted email.)

List of Cook County Commissioners and contact information:
Cook County Board of Commissioners Directory



The proposed semi-auto ban:

Amendment to the Cook County Deadly Weapons Dealer Control Ordinance


Date Introduced: 7/12/2005
Date Passed:

Sponsors:
Suffredin Co-Sponsors:
Daley, Murphy
Summary:


This amendment bans the sale and possession of assault weapons by
modifying the definition of assault weapons, adding a characteristic-based
test. Additionally, the proposal bans large capacity magazines that are
capable of holding more than 10 rounds of magazine. Also, the list of
banned weapons is updated to include specific models not covered by
existing county gun laws.






Activity Log:

7/12/2005
Referred to the Committee on Health and Hospitals





Full Text of Legislation:



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 93-0-37, as
amended by Ordinance 93-O-46 and Ordinance 99-0-27, Article I, Section
1-2 by striking and deleting language in section 1-2; and (2) amend
Ordinance 93-0-37, as amended by Ordinance 93-0-46 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 CONSITUTION OF
1970, HEREBY AMEND PORTIONS OF THE ORDINANCE, AS FOLLOWS:



ARTICLE I. GENERAL PROVISIONS



Sec. 1-2. Applicability.

(a) This ordinance article shall control the licensing of all
firearms dealers within Cook County except in 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 ordinance article conflicts with
an ordinance of a municipality, the municipal ordinance shall prevail
within its jurisdiction.



ARTICLE VI. ASSAULT WEAPONS BAN

Sec. 6-1. Definitions.

As used in Article VI of this Ordinance, the following terms shall have
the following meaning:



(a) “Assault weapon" means

(1) Assault Rifles

AK 47 type
86S type

AK 47S type
86S7 type

AK 74 type
87S type

AKS type
Galil type

AKM type
Type 56 type

AKMS type
Type 565 type

84S1 type
Valmet M76 type

ARM type
Valmet M78 type

84S1 type
M76 counter sniper type

84S3 type
FAL type

HK91 type
L1A1A type

HK93 type
SAR 48 type

HK 94 type
AUG type

G3SA type
FNC type

K1 type
UZI carbine

K2 type
Algimec AGMI type

AR 100 type
AR 180 type

M24S type
MAS 223 type

SIG 550 SP type
Beretta BM59 type

SIG 551SP type
Beretta AR70 type

Austrailian Automatic
CIS SR88 type

Arms SAR type
Ruger Mini 14/5F

SKS type with detachable
Springfield Armory SAR-48

magazine
Springfield Armory BM-59

Federal XC-900 and XC450
Bushmaster Auto Rifle

Feather AT-9 Auto Carbine
Auto-Ordinance Thompson M1

Goncz High Tech Carbine
Auto-Ordinance Thompson 1927A1

Colt AR-15
TEC 9 type

Iver Johnson PM30 P Paratrooper

(2) Assualt Pistols

Uzi Type
Sepectre Auto type

Heckler & Koch Sp-89 type
Sterling Mark 7 type

Austrailian Automatic Arms SAP type

(1) A semiautomatic rifle that has the capacity to accept a
detachable magazine and one or more of the following:

(A) A pistol grip;

(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) A pistol grip;

(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 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) M1 Carbine;

(xii) Saiga;

(xiii) SAR-8, SAR-4800;

(xiv) SKS with detachable magazine;

(xv) SLG 95;

(xvi) SLR 95 or 96;

(xvii) Steyr AUG;

(xviii) Sturm, Ruger Mini-14;

(xix) Tavor;

(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or

(xxi) 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 utlizies 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) manufacture of assault weapons

(32) 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 14
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;

(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.

(a) Whenever any firearm or large capacity magazine is
surrendered or confiscated pursuant to the terms of this division, 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.


2 posted on 08/28/2005 3:30:44 PM PDT by KeyLargo
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To: kiriath_jearim

Another example of Murphy's Law.


3 posted on 08/28/2005 3:30:51 PM PDT by Paleo Conservative (France is an example of retrograde chordate evolution.)
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To: Paleo Conservative

Sickens me how intellectually bankrupt some people can be.. AS i said once and ill say agin, Never ever should any one register or turn in any of their guns.. Since some liberals realize that the AWB has no chance of immediatly passing at the federal level, they now are concentrating on states, cities , and counties... If anybody here gets any wind of similar legislation being proposed anywhere at any level of govt POST IT! Ill be sure to give the appropriate office a call along with many other people here.

As an NRA member i encourage all of you to join the NRA and even GOA


4 posted on 08/28/2005 3:55:26 PM PDT by BigTom85
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To: kiriath_jearim; All

5 posted on 08/28/2005 3:55:59 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: Allosaurs_r_us; Abram; AlexandriaDuke; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
6 posted on 08/28/2005 3:56:29 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: kiriath_jearim
"Under the existing ordinance they shouldn't have these guns in the first place."

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." Second Amendment to the U.S. Constitution

7 posted on 08/28/2005 4:00:11 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: Travis McGee; Joe Brower

ping


8 posted on 08/28/2005 4:00:36 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: kiriath_jearim
Commissioner says she did not fully understand ordinance when she signed

She promises next time she'll look down the barrell of each and every gun to try and understand before she signs ...

9 posted on 08/28/2005 6:15:04 PM PDT by TexGuy
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To: KeyLargo
BTTT Just received this email and now calling the Board. I currently reside in DuPage and returning to Cook to live in my childhood home. How I dread dealing with CROOK County again!
10 posted on 09/01/2005 10:41:02 AM PDT by endthematrix ("an ominous vacancy"...I mean, JOHN ROBERTS now fills this space!)
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