(IL) Police seize 'weapons of war'

[Drizzt]

Police seize 'weapons of war'

Man could face federal charges, officer escapes injury after a shot is fired

BY CASEY MOFFITT
STAFF WRITER

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives are testing a cache of weapons seized from a Wheeling home in the early hours of July 19 to see if federal charges can be brought against a man arrested by local police that day.

Wheeling police arrested Gregory A. Banks, 43, of 496 Isa Drive, and charged him with aggravated discharge of a weapon and reckless discharge of a weapon after police said Banks fired an AK-47 at a police officer.

Officer James Theberge arrived at Banks' home at 1:57 a.m. July 19 after a female resident of the home called police to report a disturbance, said John Stone, Wheeling's deputy police chief. Theberge said he saw Banks outside the home with an AK-47 assault rifle before the man went back inside. Theberge said a shot was then fired from the house, hitting the ground just feet away from him.

Theberge called for assistance and more officers surrounded the home, which is located less than a quarter mile away from Twain Elementary School's entrance. Banks and three other people walked out of the house about 10 minutes after it was surrounded. Stone said Banks told police the gun went off "by accident."

Police entered the home and pulled out nearly a dozen guns, ammunition, a variety of knives and stacks of fireworks. Police also found phony badges, a gas mask, a ballistic helmet and a multitude of accessories for the guns, including a bayonet, a silencer and a shotgun hand stock.

The guns pulled from the home included an AK-47, a 12-gauge shotgun, two military style AR-15s, an Uzi-like M-11 and a Russian SKS assault rifle. Police also found other pistols and revolvers.

"(Banks) was using the weapons to scare the people of the house," Stone said of the incident leading police to the scene. "There was some kind of dispute between Banks and the owner (of the home)."

Stone said Banks lives in the house, but he does not own it.

Banks was the only person arrested last week. He posted bond Wednesday, said a spokesman from the Clerk of the Circuit Court's Office. He is scheduled to appear in court in Rolling Meadows Aug. 5.

Stone said Banks has a valid Firearm Owners Identification Card. All the guns can be possessed legally, Stone said, but altering them or accessorizing them with such things as bayonets or silencers can lead to federal gun charges.

"(Banks) said he bought them on the Internet," Stone said. "We don't know his motivation for having them."

No federal charges had been filed against Banks as of Monday.

Stone described Banks as "dangerous," given the amount and types of guns police found in his house.

"The last time I shot an AK-47 was in Vietnam, so that tells you what kind of weapons we're dealing with," Stone said. "These are weapons of war."

Stone also said police believe Banks is on medication. Prescription pill containers found in the home had Banks' name on the label and included antidepressants.

http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/wh/07-28-05-640158.html

eh, just file suit against the guns....

 

[SmershAgent]

Stone described Banks as "dangerous," given the amount and types of guns police found in his house.

Wow. He's dangerous because of that, but not because he may have fired on an officer? I wonder what Stone would call me if he saw the weapons in my house.

Stone said Banks has a valid Firearm Owners Identification Card. All the guns can be possessed legally, Stone said, but altering them or accessorizing them with such things as bayonets or silencers can lead to federal gun charges.

That's true of the silencer (you'll get a state charge for that too, in IL), but aren't federal anti-bayonet laws all gone now?

Theberge called for assistance and more officers surrounded the home, which is located less than a quarter mile away from Twain Elementary School's entrance.

It was nice of the author to include that irrelevant little nugget. I haven't heard anyone scream for more gun control "for the children" in almost 36 hours. I'm sure that will soon change now.

 

[Cesiumsponge]

The guns pulled from the home included an AK-47, a 12-gauge shotgun, two military style AR-15s, an Uzi-like M-11 and a Russian SKS assault rifle. Police also found other pistols and revolvers.

Wow, sounds like normal stuff many of us own.

Police entered the home and pulled out nearly a dozen guns, ammunition, a variety of knives and stacks of fireworks.

Drat. not enough ammo to call it an "arsenal" so they had to list a variety of knives which would cover leathermans and kitchen knives. Plus, they couldn't find anything else to make him sound menacing so they found some flowers and pop-its and list them as fireworks.

"The last time I shot an AK-47 was in Vietnam, so that tells you what kind of weapons we're dealing with," Stone said.

Someone needs to get out more often. I have shot them and seen them multiple times within this year alone.

All the guns can be possessed legally

Yes, which is why they are trying

...to see if federal charges can be brought against a man arrested by local police that day

They have to try fishing for charges now.

Stone described Banks as "dangerous," given the amount and types of guns police found in his house.

He is a dangerous man because he owns legal firearms.

Stone also said police believe Banks is on medication. Prescription pill containers found in the home had Banks' name on the label and included antidepressants.

So what other medications was he on besides antidepressants? Medicine for gout or antibiotics? Oh no! Antidepressants automatically make you dangerous, and so do undisclosed "medicine".

 

[Remington788]

Police entered the home and pulled out nearly a dozen guns

Thats all? Hope they never come to my house.

 

[Ryder]

All these stories read the same to me. Do reporters all work from the same checklist? Or is there only one reporter and all these other guys buy their reports from him?

Gun Confiscation Checklist
Federal laws of no relevance... Check
Possible mental problems... Check
Distance to nearest school... Check


Why do these stories read like they were written by a Martian? No wonder I haven't bought a newspaper in over twenty years.

 

[armoredman]

"UZI-like"? "SKS assault rifle"? Just love it when they have no clue what they're writing about.

 

[dfaugh]

"Weapons of War"

That's a new one for the press, I'll have to add it to my dictionary which currently includes:

"arms cache" = more than 4 guns of any type including any miltary armaments, but expecially any scary looking ("assault rifles") guns and more than 100 rounds of ammunition

"arsenal" = more than 10 guns of any type including any miltary armaments, but expecially any scary looking ("assault rifles") guns and more than 1000 rounds of ammunition-extra points if you have anything that resembles a full auto, even if its a "dummie", or anything that could be converted to full auto, no matter how difficult it might be

 

[longeyes]

the A-word ("arsenal")

The sad and scary thing is the average bloke falls for this disinformation spread by those who should (and maybe do) know better.

 

[DRZinn]

"The last time I shot an AK-47 was in Vietnam, so that tells you what kind of weapons we're dealing with," Stone said.

Amazing how much willful ignorance can be packed into one short sentence.

 

[berettashotgun]

The story is a bunch of B.S.~ but the moron inside the house that got charged had an accidental firearm discharge AFTER the cops showed up? Come on THR members :banghead: ~ read between the lines, the reporter is trying to sensationalize a story about a retard thats GOING to get some jail time for shooting a firearm in city limits (a); and in the general direction of a LEO (b); who (the LEO) was CALLED TO THE RESIDENCE by a tennant (c). That guy is a jerk - he ain't helping any of us. The officer was more than likely misquoted by the reporter, but that dude yaps WAY too much from his statements taken out of context (?). Needs to learn to smile for the camera~ and ****

 

[Moondoggie]

Could someone point me to a source about weapons in proximity to a school?

I live on a dead-end street about 300 feet from an elementary school and the only way in/out is right past it.

I would also hate to read the newspaper article following a search of my home.

 

[Jeff White]

Well let's look and see if he was properly charged:

(720 ILCS 5/24‑1.2) (from Ch. 38, par. 24‑1.2)
Sec. 24‑1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:

(1) Discharges a firearm at or into a building he or she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;

(2) Discharges a firearm in the direction of another person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;

(3) Discharges a firearm in the direction of a person he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;

(4) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a firearm in the direction of a person he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties; or

(7) Discharges a firearm in the direction of a person he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes.
(b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.
(c) For purposes of this Section:
"School" means a public or private elementary or secondary school, community college, college, or university.
"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
(Source: P.A. 90‑651, eff. 1‑1‑99; 91‑12, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99; 91‑434, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

It seems that paragraph (3) applies. Here is the cite for Reckless discharge of a firearm:

(720 ILCS 5/24‑1.5)
Sec. 24‑1.5. Reckless discharge of a firearm.
(a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
(b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
(c) Reckless discharge of a firearm is a Class 4 felony.
(d) This Section does not apply to a peace officer while in the performance of his or her official duties.
(Source: P.A. 88‑217.)

It also seems to apply. The reference to the school may be because a violation of subsection (a) (3) is a Class X felony if it occurs within 1000 feet of a school.

It sounds to me like he was properly charged. Villification of the offender in the press is standard procedure in our legal system. Its unfortunate but true. Perhaps we need laws that prohibit the police and prosecutors from publically commenting on cases until after they have been through the court.

It's also unfortunate that the federal import ban and all of the administrative rulings that enforce it are still in effect. But yes, there are still federal laws on what you can do with a weapon that is covered by the import ban, things like attaching bayonets, flash suppressors etc. are illegal unless the weapon has so many US made parts in it as not to be considered imported. We have threads on what you can do to AKs and SKSs here all the time. Silencers are illegal in Illinois except for federally licensed manufacturers.

I don't know why anyone is surprised that the press would report on this. Did you really expect to see: Law Abiding Gunowner Has Negligent Discharge And Is Hauled Off To Jail By Overzealous Local Authorities

I fail to see why anyone is surprised and shocked. If you are arrested, expect the press to make you out to be a cross between Charles Manson and Hannibal Lector, and expect the police and prosecutor to help them vilify you. It's the American way of doing things. Newspapers are in the business of selling papers and story like that sells. Last I checked people were still buying the National Enquirer and the rest of the supermarket tabloids. It's only natural the local fish wrapper would want to cash in on the public's thirst for sensationalism.

Jeff

 

[Standing Wolf]

Theberge called for assistance and more officers surrounded the home, which is located less than a quarter mile away from Twain Elementary School's entrance.

Well, heck, that makes it umpty-seventeen times more dangerous.

 

[TheEgg]

knowingly or intentionally:

How do you prove or disprove state of mind? Often very hard to do. But it seems to me to be key to the charge. IF it really was an AD/ND, the charge should fail......

But I also find it likely, based on the info available, that the yahoo is going to be doing some time inside.

That does not excuse the silly anti-gun foofoo in the article and spewed by the police spokesman.

 

[Control Group]

The article is rampant sensationalism, of course. Which shouldn't come as a surprise to anyone, really.

But the best case scenario here (given the information at hand) is an ND. And if you're going to ND, you'd best not do it in the vicinity of an officer, or you can expect to do time.

Really, I have no problem with this. I ought to be accountable for every round that leaves the muzzle of a gun I'm in possession of.

 

[Don Gwinn]

There are three parties being discussed:

1. The idiot with the guns.
2. The cops.
3. The reporters.

I don't think anyone is defending the idiot, and I don't think anyone is denigrating the cops.

The reporters, on the other hand. . . .

 

[Hypnogator]

Banks fired an AK-47 at a police officer.

And we're not reading his obituary because.....

 

[Cyanide_357]

Man... would I be in trouble if the cops saw my collection... which includes such scary items as a AK (norinco), AR15, russian sks, benelli m1 tactical, hk usp tactical... and there are 9 more in my collection... and I'm only 20.

Also probably would look good that I have a bunch of glass test tubes, beakers/flasks, suringes that I got when I thought I would seek a career in chemistry (before I chemistry in high school and a bad teacher scrapped that outlook - I took to computers after that)...

And if that wasn't bad enough... I have an old (1955?) postal scale that my dad picked up about a month ago.

I bet those last two paragraphs would get twisted to make me look like I'm involved in drugs (ontop of being a gun nut)... though I have never tried drugs, I don't smoke, and have had very little alcohol in my life... and I have been on the deans list for the past two years (first two years of college - all quarters) and haven't has so much as a traffic ticket (knock on wood).

I guess I'm just lucky not to live in Illinios... but I'm going to make sure that I will live in a free state.

Cyanide

 

[DRZinn]

How do you prove or disprove state of mind? Often very hard to do. But it seems to me to be key to the charge.

It's the key to most crimnal charges.

 

[scout26]

"The last time I shot an AK-47 was in Vietnam, so that tells you what kind of weapons we're dealing with," Stone said.

Hmmm, Vietnam was roughly 40 years ago, so I guess he's refering to mostly C&R's ?????