Illinois Assault Weapons Ban Proposed - NO GRANDFATHERING

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breakingcontact;

No, it's really more like "Chicago Vs. Everyone Else".

All of the downstate Democrats have historically voted pro-gun, including East St. Louis, surprisingly enough.

It just so happens that Chicago is predominantly Democrats.

(There *are* a few Republicans around Chicago, they withheld their vote this time due to Republican caucus calling for a no-vote on "political games". HOWEVER, many of those Chicago republicans are VEHEMENTLY anti-gun.)

NOTE: Which is why the amount of votes they had is VERY CONCERNING. There are more than enough Republicans around Chicago who will vote with the Chicago Machine when this comes to a floor vote, and it could VERY easily throw them over the simple majority they need to pass it without pre-emption.

The only hope we have then is successfully lobbying county by county to pass ordinances ALLOWING "assault weapons", since they could override state law due to home rule. I'm not 100% confident my county would do this, but I'd sure as hell push for it, if it came to pass. Strongly.
 
NOTE: That'd put Illinois in a very strange predicament. If the state passed an assault weapons ban WITHOUT pre-emption it would allow individual counties and cities > 25,000 to pass home rule ordinances ALLOWING "assault weapons/high capacity magazines".

So we could end up with a patchwork of odd laws, where I might not be able to drive a rifle to a range 3 counties over, or even own one at all.

(We're like that right now with Alcohol here, we have dry / wet counties and cities).
 
Right, of course...and those downstate conservative Democrats just by being Democrats help put Democrats in leadership positions to get these bills introduced/moved through committees and voted on in the first place. The good ol downstate Democrats need to get on board with the Republicans.

What a mess your state is in. I hope you all find a way to fix it all. Glad to see you are close to concealed carry. Hate to see the rest of your gun laws turn out like Colorado is going. And with those unfunded pension obligations I don't have any idea how the state is going to move forward economically.
 
Well, to be honest, the downstate Democrats are like the Democrats of old, before the party went totally nuts. They're the Democrats akin to those of my Grandfather's generation.

The Democrats of Chicago (and the Republicans, for that matter) are control freaks. They fear everything, therefore feel they must control everything. Oh, and profit. They want to collect the most revenue they possibly can, so they can increase handouts, so they can get re-elected, so they can increase taxes and tolls and fees, so they can increase handouts, so they can get re-elected.... ad naseum.
 
Trent said:
NOTE: That'd put Illinois in a very strange predicament. If the state passed an assault weapons ban WITHOUT pre-emption it would allow individual counties and cities > 25,000 to pass home rule ordinances ALLOWING "assault weapons/high capacity magazines".

So we could end up with a patchwork of odd laws, where I might not be able to drive a rifle to a range 3 counties over, or even own one at all.

(We're like that right now with Alcohol here, we have dry / wet counties and cities).
Click to expand...
I'm not sure that is correct. If there is an Illinois criminal statute that says "you can't do X", no municipality (even if home rule) can pass a law nullifying the state law. Without preemption a home rule municipality could pass more stringent laws or pass related laws in the same field, but home rule units can't outright contradict state laws.
 
Phatty;

Yup, you're absolutely right. I had that backwards in my head for some reason!

So if they get a simple majority we're pretty much screwed... that's not good.

Edit; that would explain the Phelps amendment to it that he withdrew, that was a rather innocuous amendment (Can't tax ammo or something) except it said it pre-empted home rule; which would raise the vote count required to 71...
 
UNCONSTITUTIONAL -- And the legal thicket that's going to get dived into is the "uninfringed" provisions of the 2nd Amendment.

I'm thinking the progressives in this nation are underestimating the breadth and depth of the armed electorate.
 
Trent said:
Yeah, back in 2006. That was a heck of a great ruling for Illinois residents as it changed the transportation rules (as seen by State's Attorney and police), allowing us to carry unloaded weapons in the glove box with a loaded magazine next to them.

Still a far cry from true self defense, but at least puts you a few seconds closer to it... assuming you don't bungle the mag / speedloader loading process under pressure.
Click to expand...
Trent, I know that this is technically legal, but don't you think one would get arrested if officer friendly pulled you over and you had a gun in the glove box (with a loaded magazine removed by also in the glovebox)? I'm just sayin'.....

Let me know your thoughts, and THANKS for all the work that you do!

Warner
 
You could either keep a print out of the supreme court ruling, or pull up google on your smartphone. :)

Google search on this

(I carry this way all the time, as long as the center console or glove box has a "latch" it's considered a container.)
 
Here's the ruling itself.

http://www.state.il.us/court/OPINIONS/SupremeCourt/2009/October/106367.pdf

Based on the foregoing, we find, in the case at bar, that the center
console of a vehicle falls within the ordinary definition of case. A
center console is a receptacle that contains or holds something. As
such, we find that defendant’s conduct falls within the exception set
forth in section 24–1.6(c)(iii). In so finding, we note that our result is
controlled by the plain language of section 24–16(c)(iii) as enacted by
the legislature. We are not at liberty to depart from the language
employed. Whether the statute is wise or the best means to achieve
the desired result are matters left to the legislature, not this court
Click to expand...
 
lilguy; start a thread on it, and ask. :)

(I did the same thing once to find a lawyer for someone; but that lawyer isn't taking new clients right now, and they're a long way from you anyway.)

Warners;

I have one friend who has been arrested a couple of times on unlawful use of weapons and had the case dropped each time - after a weekend stay in jail. He's a member of this board.

I've got my own (long) stories about that too, but I've already told them here once, and don't want to clutter up the thread. :)
 
Trent said:
lilguy; start a thread on it, and ask. :)

(I did the same thing once to find a lawyer for someone; but that lawyer isn't taking new clients right now, and they're a long way from you anyway.)

Warners;

I have one friend who has been arrested a couple of times on unlawful use of weapons and had the case dropped each time - after a weekend stay in jail. He's a member of this board.

I've got my own (long) stories about that too, but I've already told them here once, and don't want to clutter up the thread. :)
Click to expand...
Yeah, I've read several stories about this, ALL which have led me to the belief that for me, it's not worth the hassle. Now, if LOTS of people started doing this, getting arrested, and getting the cases dropped, maybe it would bring this to light and help to educate the cops. I have a couple of cop friends on the local force (one of them is my FFL in fact), and they all tell me that they would arrest someone who was carrying in that manner, even after I pointed out the law to them. So there you go.....

Warner
 
Last edited:
Yeah... Unloaded. In a case. Zipped shut. Ammo somewhere else. AND still arrested for 'having a gun accessible'

Three times so far. I've never tried the center consel or the glove box, but can guess what would happen...

The first thing the DA does after a night in jail, is offer you a bargain. Plead guilty to a lesser charge, like an invalid FOID card, and give up the weapon. Sometimes they make you wait till Monday to see a judge to set bail.

First time: Shotgun in case. Hatchback car, gun in hatchback. Pulled over on a weekend. Never told why. East Peoria police, Tazewell Co. Officer noticed the shotgun, checked it, and let me go. His boss had me arrested the next day. Notice to appear. Hired a lawyer, went to court, Judge dismissed.

Second time: Fanny pack gun case with pistol, ammo in glove box. Peoria City. Four friends at 9pm on a Tuesday at a gas station after leaving a coffee shop. Everyone pulled out and frisked, car searched under protest. Never told why I was "stopped" (I was getting gas while a friend bought cigarettes) The pistol was found, nothing else. (Felony charge at that time) Weekend in jail, $1000 bail. Hired the same lawyer, saw the judge, charges dropped. The city police did not want to give the ammo back after the judge dropped the charges. (I got the ammo back)

Third time: Gun case, pistol, ammo in glove box. East Peoria, Tazewell Co. Pulled over in parking lot for not using signal to change lanes while in traffic. License suspended for an insurance ticket. (I was mailed a 'random' proof of insurance notice, and while I responded and had insurance, it never got filed... I was told...) The deputy wrote the ticket, and told my buddy to drive after this. Then walked over to the jeep, and climbed it. (we were returning a movie, and were outside the vehicle when he 'stopped' us) I asked him what he was doing. and he said searching my vehicle. I said I did not want him searching it. He said no problem, he was arresting me for driving on a suspended license. Handcuffed and set in his car. Dog was called. Dog alerted. car was searched. By no less than six officers and deputies. search went on for two hours after they found my pistol. Nothing else was found. Car was towed and impounded. I spent the weekend in jail. Bail was $4000. my buddy was told to walk home.

I had a copy of the law the second two times. The second time they refused to listen to me, or read the statute. (I mean rudely ignore me and I was not about to raise my voice) Third time they would not get it, or read it. I told the deputy the page number of the exception, and the statute number from memory. The book was in sight in his shoulder bag in his car. He started to pull out the book, then said he was not going to look it up.


TMMV!:D
 
cauldron said:
Yeah... Unloaded. In a case. Zipped shut. Ammo somewhere else. AND still arrested for 'having a gun accessible'

Three times so far. I've never tried the center consel or the glove box, but can guess what would happen...

The first thing the DA does after a night in jail, is offer you a bargain. Plead guilty to a lesser charge, like an invalid FOID card, and give up the weapon. Sometimes they make you wait till Monday to see a judge to set bail.

First time: Shotgun in case. Hatchback car, gun in hatchback. Pulled over on a weekend. Never told why. East Peoria police, Tazewell Co. Officer noticed the shotgun, checked it, and let me go. His boss had me arrested the next day. Notice to appear. Hired a lawyer, went to court, Judge dismissed.

Second time: Fanny pack gun case with pistol, ammo in glove box. Peoria City. Four friends at 9pm on a Tuesday at a gas station after leaving a coffee shop. Everyone pulled out and frisked, car searched under protest. Never told why I was "stopped" (I was getting gas while a friend bought cigarettes) The pistol was found, nothing else. (Felony charge at that time) Weekend in jail, $1000 bail. Hired the same lawyer, saw the judge, charges dropped. The city police did not want to give the ammo back after the judge dropped the charges. (I got the ammo back)

Third time: Gun case, pistol, ammo in glove box. East Peoria, Tazewell Co. Pulled over in parking lot for not using signal to change lanes while in traffic. License suspended for an insurance ticket. (I was mailed a 'random' proof of insurance notice, and while I responded and had insurance, it never got filed... I was told...) The deputy wrote the ticket, and told my buddy to drive after this. Then walked over to the jeep, and climbed it. (we were returning a movie, and were outside the vehicle when he 'stopped' us) I asked him what he was doing. and he said searching my vehicle. I said I did not want him searching it. He said no problem, he was arresting me for driving on a suspended license. Handcuffed and set in his car. Dog was called. Dog alerted. car was searched. By no less than six officers and deputies. search went on for two hours after they found my pistol. Nothing else was found. Car was towed and impounded. I spent the weekend in jail. Bail was $4000. my buddy was told to walk home.

I had a copy of the law the second two times. The second time they refused to listen to me, or read the statute. (I mean rudely ignore me and I was not about to raise my voice) Third time they would not get it, or read it. I told the deputy the page number of the exception, and the statute number from memory. The book was in sight in his shoulder bag in his car. He started to pull out the book, then said he was not going to look it up.


TMMV!:D
Click to expand...
It would be nice if you had any of these incidents on video tape. Sure sounds like harassment and false arrest to me. Then again, I'm no lawyer.....

Warner
 
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