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http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/wi/04-29-04-279103.html
DeMar continues fight over village gun ban
BY KEN GOZE
STAFF WRITER
Attorneys for Wilmette resident Hale DeMar are fighting efforts to dismiss a court challenge against the village's ordinance banning handguns, continuing a legal battle which began after DeMar wounded a burglar in his east side home in late December.
In an April 22 hearing, Cook County Circuit Judge Timothy J. Chambers reviewed a series of pre-trial motions filed by the village and DeMar and continued the matter until May 25.
In February, county prosecutors dropped a misdemeanor charge against DeMar for having an expired Firearm Owner Identification card, and had ruled the shooting of burglary suspect Morio Billings to be self-defense.
The village continued its own prosecution under a 15-year-old ordinance which bans handgun possession regardless of the circumstances and carries a fine of up to $750 and confiscation of the weapons. DeMar has not disputed having the gun but filed a counterclaim alleging the ordinance is unconstitutional as applied to his case and violates privacy rights.
The village is seeking to dismiss DeMar's challenge, saying in part that he had no right to keep any guns or ammunition under state law because he had no FOID at the time of the incident. DeMar was not present at last week's hearing, but his attorney, Robert Orman, sought to challenge police information cited in the village's motion.
Orman said he wanted to strike the affidavit of Cmdr. Kyle Perkins, who supervised the investigation and the checking of DeMar's FOID status. Failing that, he wanted the ability to take a deposition from Perkins.
Orman said such pre-trial discovery should be allowed before making a ruling on the village's motion to dismiss DeMar's challenge.
"We got an affidavit. I have a right to go after that affidavit. They raised it," Orman said.
Village Prosecutor Mary Beth Cyze said the motion should be heard first and that Perkins cannot be made to give a deposition under the circumstances.
Chambers set a new date to consider the issues, but said he had been inclined to try the matter in one day. DeMar is making his legal stand in a docket filled mostly with traffic tickets, and the village charge he is facing carries no jail time. Orman said DeMar's counterclaim involves more substantial legal questions than the original charge.
In Springfield, meanwhile, bills aimed at creating a self-defense exception to local gun laws appear to be stalled at least until fall.
The House and Senate each passed a version of the bill in recent months, but Gov. Rod Blagojevich has said the measures appear to be too broadly written and promised to veto them if they reach his desk this year.
The bills have since been referred to rules committees or subcommittees in the opposite chamber.
DeMar continues fight over village gun ban
BY KEN GOZE
STAFF WRITER
Attorneys for Wilmette resident Hale DeMar are fighting efforts to dismiss a court challenge against the village's ordinance banning handguns, continuing a legal battle which began after DeMar wounded a burglar in his east side home in late December.
In an April 22 hearing, Cook County Circuit Judge Timothy J. Chambers reviewed a series of pre-trial motions filed by the village and DeMar and continued the matter until May 25.
In February, county prosecutors dropped a misdemeanor charge against DeMar for having an expired Firearm Owner Identification card, and had ruled the shooting of burglary suspect Morio Billings to be self-defense.
The village continued its own prosecution under a 15-year-old ordinance which bans handgun possession regardless of the circumstances and carries a fine of up to $750 and confiscation of the weapons. DeMar has not disputed having the gun but filed a counterclaim alleging the ordinance is unconstitutional as applied to his case and violates privacy rights.
The village is seeking to dismiss DeMar's challenge, saying in part that he had no right to keep any guns or ammunition under state law because he had no FOID at the time of the incident. DeMar was not present at last week's hearing, but his attorney, Robert Orman, sought to challenge police information cited in the village's motion.
Orman said he wanted to strike the affidavit of Cmdr. Kyle Perkins, who supervised the investigation and the checking of DeMar's FOID status. Failing that, he wanted the ability to take a deposition from Perkins.
Orman said such pre-trial discovery should be allowed before making a ruling on the village's motion to dismiss DeMar's challenge.
"We got an affidavit. I have a right to go after that affidavit. They raised it," Orman said.
Village Prosecutor Mary Beth Cyze said the motion should be heard first and that Perkins cannot be made to give a deposition under the circumstances.
Chambers set a new date to consider the issues, but said he had been inclined to try the matter in one day. DeMar is making his legal stand in a docket filled mostly with traffic tickets, and the village charge he is facing carries no jail time. Orman said DeMar's counterclaim involves more substantial legal questions than the original charge.
In Springfield, meanwhile, bills aimed at creating a self-defense exception to local gun laws appear to be stalled at least until fall.
The House and Senate each passed a version of the bill in recent months, but Gov. Rod Blagojevich has said the measures appear to be too broadly written and promised to veto them if they reach his desk this year.
The bills have since been referred to rules committees or subcommittees in the opposite chamber.
