IL-Senate backs law to override local gun bans

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mack69

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Senate backs law to override local gun bans
By Christi Parsons, Tribune staff reporter. Tribune staff reporters Ray Long and Lisa Black contributed to this report
Published November 10, 2004

SPRINGFIELD -- The Illinois Senate voted Tuesday to let courts ignore local gun bans in cases where a gun owner uses a firearm in self-defense, overriding by a healthy margin a veto of the measure.

With several members calling it a common sense proposal, senators voted to trump the governor's veto 40-18--with two more affirmative votes than the bill received when legislators passed it last spring.

Commonly known as the "Wilmette bill," the measure surfaced as a result of the case of Hale DeMar, who shot an intruder in his Wilmette home last winter and was cited for violating a village ordinance against possession of a handgun.

Critics of the bill agree with Gov. Rod Blagojevich that the measure unjustly trumps the right of local officials to decide such matters for themselves. But supporters say that burglars and others who intrude into private homes and businesses ought to be on notice that the occupants may be armed.

"Maybe this will send a message," said Sen. George Shadid (D-Edwards). "You're not going to break into somebody's home without some repercussions."

Late last month, a Cook County judge dismissed DeMar's claim that the law violated his constitutional rights. He faces a fine for the ordinance violation and is set to appear in court in December. Efforts to reach DeMar on Tuesday were unsuccessful, and his lawyer declined to comment.

The veto override attempt now moves to the House, which also gave the bill strong support when it originally passed in the spring.

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Late last month, a Cook County judge dismissed DeMar's claim that the law violated his constitutional rights.

This reads like it is from a different planet. This kind of stuff is so wrong.
 
Yahoo, and then some

Nice to see the legislature finding a pair in a desk drawer somewhere.

First piece of good gun news in Illinois in years.

Now if they will tell Lisa ("don't argue with me or I'll tell my Daddy and he runs everything in Illinois"), Madigan to shut up. sit down and start working on the indictments of Daley's cronies we're on the right track.

They have to dump that stupid Illinois AWB next.
 
I still say this is a very bad law, not because of anything to do with guns or self-defense, but because of its legal construction and implications.

It would have been far better to simply acknowledge the right to keep a firearm for personal protection. That would invalidate Wilmette’s ban altogether. As it stands now, the ban is still valid and you’ll be prosecuted if your house happens to burn down and the cops find guns in the rubble.

It's just bad law.
 
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