Cook County and Municipal Assault Weapons Ordinances

Before the Protect Illinois Communities Act established a statewide assault weapons ban in January 2023, several local jurisdictions in Illinois had already enacted their own restrictions. These local ordinances were grandfathered under Illinois's 2013 firearms preemption law, which generally bars municipalities from regulating firearms but preserves ordinances that were in effect before the preemption statute took effect. As a result, residents in these jurisdictions may be subject to local restrictions that are broader or more stringent than the state ban.^[1]

Illinois Firearms Preemption

Illinois enacted a general firearms preemption provision as part of the Firearm Concealed Carry Act in 2013, which prohibits local governments from enacting new ordinances that regulate the possession, carrying, or transportation of firearms in ways that are more restrictive than state law. However, the statute explicitly preserved all local firearms ordinances that were in effect before the preemption date. This means municipalities that already had assault weapons bans on the books were allowed to keep them.^[1]

Cook County Blair Holt Assault Weapons Ban

Cook County enacted the Blair Holt Assault Weapons Ban, which applies throughout unincorporated Cook County and to any municipality within Cook County that has not enacted its own ordinance on the subject. The Cook County ordinance bans a list of semiautomatic firearms by name and by features, and its definitions are in some respects broader than the state PICA definitions. The ordinance also prohibits large-capacity magazines, with the county defining "large capacity" as more than 10 rounds for all firearms -- a lower threshold than PICA's 15-round handgun limit.^[2]

Municipal Ordinances

Several municipalities within Cook County have enacted their own assault weapons ordinances that operate independently of the county ban. These municipalities include:^[2]

• Buffalo Grove
• Dolton
• Evanston
• Hazel Crest
• Homewood
• Lincolnwood
• Riverdale
• Skokie

Each of these municipalities has its own definitions, exemptions, and penalty structures. Firearms owners in these jurisdictions must comply with both the municipal ordinance and the state PICA provisions, and where the two conflict, the more restrictive regulation applies.

Chicago

The City of Chicago maintains its own comprehensive firearms ordinances, including registration requirements that predate the 2013 preemption law. Chicago's firearms regulations are among the most restrictive in the state and have been the subject of multiple legal challenges, including the landmark McDonald v. City of Chicago (2010) Supreme Court decision that incorporated the Second Amendment against state and local governments. Chicago's current ordinances operate alongside state law, and firearms owners in Chicago must comply with both city and state requirements.^[3]

Interaction Between Local and State Bans

With PICA now in effect statewide, the practical significance of the local ordinances has shifted. In jurisdictions where the local ban is narrower than PICA, the state ban governs. In jurisdictions where the local ban is broader -- such as Cook County's 10-round magazine limit for all firearms -- the local ordinance imposes additional restrictions beyond state law. Firearms owners in Cook County and the municipalities listed above should review both the local ordinance and PICA to determine which items are restricted in their jurisdiction.^[1]

Bevis v. City of Naperville

The interaction between local and state assault weapons bans is at the center of Bevis v. City of Naperville, a federal case challenging the City of Naperville's local assault weapons ordinance alongside the state PICA ban. This case has been consolidated with other PICA challenges at the Seventh Circuit Court of Appeals. A federal district court issued a permanent statewide injunction against the bans on November 8, 2024, but the Seventh Circuit stayed the injunction on December 5, 2024. The outcome of this case will affect both local and state bans.^[4]