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IL town seizes property to prevent gun sales!

Discussion in 'Legal' started by Autolycus, Jun 11, 2007.

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  1. Autolycus

    Autolycus Member

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    In the land of make believe.
    http://www.dailyherald.com/news/dupagestory.asp?id=298455&cc=d&tc=&t=
     
  2. Autolycus

    Autolycus Member

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    I know the link is dead but I discovered this on another forum and wanted to share. I read about this in some local papers and never got around to posting the articles. Either way I am disgusted.

    I am confused about how a village can make laws affecting things outside its borders. If my shop was not in their borders but a mile outside what gives them the ability or right to pass laws that affect my business?
     
  3. tostada

    tostada Member

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    It's ridiculous ... but I have to wonder if it's any more ridiculous than them shutting down the "spa."

    There are already laws for this stuff. If the spa is actually a whorehouse, they need to shut it down and arrest the proprietor. Likewise, if the gun shop is selling saturday night specials to kids and/or felons, they need to shut it down and arrest the proprietor. Preempting something because it may or may not pan out into something unsavory is asinine.

    I'm actually a little more disturbed by stuff like this and recent eminent domain cases than any gun-related stuff.
     
  4. jad0110

    jad0110 Member

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    I like how a lot of politicians and political activists have a hissy fit over Bush's foreign policy of "preemption", but it is perfectly okay to use said policy against our own citizens.
     
  5. Browns Fan

    Browns Fan Member

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    Quote:
    “Those kind of uses are considered undesirable by our residents and don’t project a good image,” he said.

    I wonder how many adult book stores are in the fine town of Addison!:barf:
     
  6. Glockman17366

    Glockman17366 Member

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    Boy, I wonder how the SCOTUS would handle this one...
     
  7. JohnBT

    JohnBT Member

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    Annexation depends on how the state law is written. Here is a bit about Virginia's.

    "Although incorporated towns are located within counties, and independent cities are separate, both the towns and the cities long held a powerful tool for growth through Virginia's annexation laws, which basically provided for seizure of unincorporated territory from the counties. However, the annexation laws also have long been felt by many leaders to be a barrier to regional cooperation among localities, causing wounds which took many years to heal, and with some individuals negatively impacted, never did.

    A moratorium on major annexations by the larger cities and adjacent counties has been in place since the late 20th century by actions in the Virginia General Assembly. Other changes have allowed cities to revert to town status and rejoin a county. South Boston and Clifton Forge took such actions, and several other smaller cities have studied doing so."
     
  8. Johnny Guest

    Johnny Guest Moderator Emeritus

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    Thread moved

    Thread originator posted elsewhere in error. It was moved at his request. :)

    Johnny
     
  9. 71Commander

    71Commander Member

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    :confused:

    I don't hear this term used much, except by anti's.
     
  10. Thin Black Line

    Thin Black Line Member

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    Should it ever get that far, probably by remanding it back.
     
  11. DKSuddeth

    DKSuddeth Member

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    SCOTUS will never hear the case because Kelo v. New London will have precedent.
     
  12. romma

    romma Member

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    No shortage of Blissininnies in that area! :barf:
     
  13. Geno
    • Contributing Member

    Geno Member

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    This is the same sort of "law" that drove Ann Arbor Gun & Rod out of business (Ann Arbor, MI). The DNR then got "un"smart and tried the same tactic, asserting that one could not carry concealed while hunting or while in state parks. It's hard to imagine a more non-sensical law (or rule) than not carrying concealed while hunting?! Michigan finally passed a law prohibiting such local laws. That is where this case will go. It should be, and I expect will be, resolved at the state level.

    Doc2005
     
  14. Langenator

    Langenator Member

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    Kelo has no bearing on a case of this type.
    dealt with eminent domain. No property is being taken here-it's an expansion of the town's administrative boundaries.

    Now, if the building's owner can't find a new tenant (since the prospective gunshop owner would be leasing, not owning), even for a short period of time, he could file a claim against the township for the lost rent.
     
  15. Car Knocker

    Car Knocker Member

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    Anyone have any idea of the outcome since this article was published two months ago?
     
  16. Autolycus

    Autolycus Member

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    Thanks Johnny Guest.

    I really am tired of governments just trampling over peoples rights to prevent crimes that maybe comitted.
     
  17. Mumwaldee

    Mumwaldee member

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    I just sent an email to the newspaper asking for an update. We'll see if they respond.

    Mistretta , Elisabeth
    Editorial
    emistretta@dailyherald.com
    (630) 955-3513
     
    Last edited: Jun 11, 2007
  18. Mumwaldee

    Mumwaldee member

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    First reply...and snappy quick too.


    I'll post any more info I receive.
     
  19. LawBot5000

    LawBot5000 Member

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    It really boils down to:
    1-what laws IL lets municipalities pass
    2-how IL controls the boundaries of these local jurisdictions
    3-whether these laws offend the laws or constitution of IL
    4-whether these laws offend the laws or constitution of the US

    1-Since Chicago has most of the population of IL, muncipalities can do whatever they want
    2-see 1
    3-see 1
    4-There are two rights here that are being offended, neither of which is currently considered to be incorporated into our Due Process jurisprudence.
    a) The first is economic liberty. This hasn't been a fundamental right since the 1920s or so when that milk case overturned Lochner and said it was ok for local and state governments to meddle in the affairs of private businesses.
    b) The second is the right to keep and bear arms, which is indirectly affected by a law prohibiting their sale. This has been MIA since the 1870s when reconstruction fell through and SCOTUS gutted the privileges and immunities clause in the Slaughterhouse cases.

    This is what happens when you have a socialist president nominating justices for 4 terms. Probably going to take us another 20-30 years of hard work to really start restoring the constitution.
     
  20. Werewolf

    Werewolf Member

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    Huh? How in the world could they enforce that? Suppose that conflicted with county law or the town abuts another that not only doesn't prohibit firearms sales but encourages it.

    Who do these bufoons think they are and when did GOD appoint them the guardians of paradise?
     
  21. Thin Black Line

    Thin Black Line Member

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    I'm not sure how far this would go either. I recall some problems recently
    elsewhere here in the midwest where restaurant owners were forced to
    shell out approximately $40K EACH to upgrade the HVAC systems in their
    places if they wanted to have a smoking section (or for bars to have smoking
    at all --even with NO food service). Many places complied in order to stay
    in business. To make a long story short, this city just recently made ALL
    establishments (bars and restaurants) non-smoking. Needless to say a lot
    of businesses are grumbling about the costs of the upgrade from a year ago
    and now the potential future loss of revenue as people going down the highway
    just head to the next town to eat.
     
  22. alan

    alan Member

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    The antics/actions of this vilage government are, pure and simple, unmitigated bull****.

    Additionally, they should be hauled into court, federal court if it proves necessary, where they hopefully be slapped down so hard that it will take 20 years for their ears to quit ringing.

    Question about that is the following. Will it happen, will the village council/government be so treated by the legal system, will their ears ring as described? In Illinois, that might be an open question, but that is simply my own conclusion.
     
  23. gopguy

    gopguy Member

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    And Illinois wonders why some gun makers are considering going to other states...
     
  24. DWARREN123

    DWARREN123 Member

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    Communist taking someone elses property is all it is. A store will either make it or not depending on customer base. Officals wanting to run our lifes.
     
  25. Zundfolge

    Zundfolge Member

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    I don't understand how any freedom loving American could stay living in Illinois ... hell, Les Baer has even left.

    I understand the "stay and fight" mentality, but frankly I would want to live my life in the 30 or so years it'd take to overturn this kind of crap (with little likelihood and no guarantee of success).
     
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