Cook County vs. State Law:
Navigating Local Firearms Ordinances

As a home-rule unit under the Illinois Constitution, Cook County may enact firearms ordinances beyond state requirements where state law has not preempted local regulation. For the roughly 5.2 million residents of Cook County, this creates a layered regulatory environment where compliance with state law alone may not be sufficient.^[1]

Cook County's Home-Rule Authority

Article VII, Section 6 of the Illinois Constitution makes home rule units of any county which has a chief executive officer elected by the electors of the county and of any municipality which has a population of more than 25,000. Cook County voters elect the president of the county board. Except as limited by Section 6, a home rule unit may "exercise any power and perform any function pertaining to its government and affairs." The General Assembly may provide specifically by law for the exclusive exercise by the State of a power or function of a home rule unit. Because the Illinois General Assembly has not fully preempted local firearms regulation, Cook County may enact more restrictive firearms ordinances within the authority state law leaves to home-rule units.^[1]

The Blair Holt Assault Weapons Ban

Cook County's Blair Holt Assault Weapons Ban (Cook County Code, Sections 54-210 to 54-215) makes it unlawful for any person to manufacture, sell, give, lend, transfer, acquire, carry or possess an assault weapon or a large capacity magazine in Cook County. Under Section 54-210(b), a municipal ordinance that conflicts with the county ban prevails within the municipality's jurisdiction. The Cook County ban predates the state's Protect Illinois Communities Act (Public Act 102-1116) and is in some respects broader than the state ban. While the state ban took effect on January 10, 2023, the Cook County ordinance covers categories of weapons and features that may differ from the state's definitions.^[2]

In areas where both apply, a firearm owner must comply with both laws. A firearm that is legal under the state ban may still be prohibited under the Cook County ordinance if it falls within Cook County's broader definition of an assault weapon.

Municipal Ordinances Within Cook County

Several municipalities within Cook County have enacted their own assault weapons ordinances, which prevail over a conflicting county ordinance within their jurisdictions. These municipalities include Buffalo Grove, Dolton, Evanston, Hazel Crest, Lincolnwood, Riverdale, and Skokie.^[2] Qualifying local assault weapons ordinances may be amended under 430 ILCS 65/13.1(c). A firearm owner who moves between municipalities within Cook County may need to verify compliance with each jurisdiction's specific ordinance.

Chicago's Firearms Ordinances

Chicago maintains its own firearms regulatory framework that is distinct from both Cook County's ordinances and state law. Chicago's former handgun registration requirements were invalidated to the extent they conflicted with the 2013 state preemption law for FOID card holders and concealed carry licensees. Under 430 ILCS 66/90, handgun registration by concealed carry licensees is an exclusive state power, and inconsistent local ordinances enacted on or before the Act's effective date were invalidated in their application to those licensees. The grandfather window in 430 ILCS 65/13.1(c) covers assault weapon ordinances only. Chicago residents must comply with the city's remaining firearms ordinances and applicable county and state requirements. A municipal ordinance prevails within the city when it conflicts with a home-rule county ordinance.^[1]

Practical Implications for Cook County Residents

The layered regulatory environment in Cook County creates several practical challenges for firearm owners:

• Compliance with multiple laws: A Cook County resident must comply with federal law, Illinois state law, the Cook County ordinance, and potentially a municipal ordinance, all at the same time. State preemption can invalidate local restrictions, and a municipal ordinance prevails over a conflicting home-rule county ordinance within the municipality.
• Transport across jurisdictions: A firearm that is legal in one Cook County municipality may be prohibited in another. Under 430 ILCS 65/13.1(b), the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card is an exclusive power and function of the State.
• Assault weapons definitions: The Cook County ban, the state ban, and individual municipal bans may each define "assault weapon" differently. A firearm that is not classified as an assault weapon under one definition may be classified as one under another.
• Grandfathering provisions: The state's grandfathering provision under the Protect Illinois Communities Act does not replace the need to check any applicable local assault weapons ordinance preserved by 430 ILCS 65/13.1(c).

Firearm owners in Cook County should consult the specific ordinances applicable to their municipality of residence and any municipalities they regularly travel through. The Cook County ordinance applies to all persons in Cook County, and a municipal ordinance that conflicts with it prevails within the municipality.^[2]

State Preemption Limitations

Under the Firearm Concealed Carry Act (430 ILCS 66/90), regulation, licensing, possession, registration, and transportation of handguns and handgun ammunition by licensees are exclusive state powers. Inconsistent local ordinances enacted on or before the Act's effective date are invalid in their application to those licensees. Preemption does not reach every area of firearms law. Assault weapons ordinances enacted on, before, or within 10 days after July 9, 2013, survive under 430 ILCS 65/13.1(c). Local authority is also limited by 430 ILCS 65/13.1(b), which reserves handgun regulation and the transportation of any firearm and ammunition by a valid FOID card holder to the state. This split structure is what allows Cook County and its municipalities to maintain some firearms regulations that exceed state standards.^[3]