IL: Wilmette man puts gun ban to novel test

[Desertdog]

* IL: Wilmette man puts gun ban to novel test

Posted 2/18/2004 from Chicago Tribune printer friendly version

"A Wilmette man who was cited for violating the village's handgun ban after he shot an intruder in his kitchen has invoked U.S. Supreme Court rulings on sodomy and pornography laws to argue that the gun ban violates his privacy rights, his lawyer said.

Hale DeMar's attorney has asked a Cook County circuit judge to dismiss his case and order the village to pay DeMar's legal bills.
'I want the court to say, 'The Village of Wilmette cannot come into his home and take his gun under this ordinance. They are invading his right to privacy,'' said Robert Orman, DeMar's attorney.

But legal experts said that although the defense strategy is original and possibly unprecedented, it is a long shot, because the courts have wide latitude to determine what is protected under constitutional privacy guarantees.

DeMar, 54, of the 0-99 block of Linden Avenue, shot a Chicago man accused of entering the family's home twice within 24 hours. DeMar confronted him in his kitchen Dec. 29 and shot him in the shoulder and calf."

You can read the complete story at:
http://www.chicagotribune.com/news/local/chi-0402180336feb18,1,7823786.story?coll=chi-news-hed

*This on a site that requires a free subscription to access said article

 

[gunsmith]

thanks for the update

I hope he wins his case.
Chicago seems worse then San Francisco!

 

[Jim March]

Well that IS rather creative!

Not impossible though - the USSC radically strengthened the right to privacy in Roe vs. Wade. If the state (well, city) cannot show that his personal handgun ownership in his own home harms public safety, then this really should fly.

 

[DonP]

This could be fun

Based on their filing it appears that the real argument comes down to the fact that the USSC has basically upheld the sanctity of the home/bedroom in virtually all circumstances.

Mr. DeMars argument is that he could legally be having sex with any combination of people, goats, inflatable versions of Janet Reno etc. and be perfectly within his privacy rights as defined by the SC, but immediately be arrested if one of them had a handgun.

This could make for some really great Court TV episodes.

 

[Frohickey]

reads like media bias...

if the story were about anti-sodomy law challenges, you wouldn't have the "But legal experts said that although the defense strategy is original and possibly unprecedented, it is a long shot, because the courts have wide latitude to determine what is protected under constitutional privacy guarantees." paragraph.

 

[Samurai Penguin]

DonP...

Mr. DeMars argument is that he could legally be having sex with any combination of people, goats, inflatable versions of Janet Reno etc....

Great. You just had to stick that visual in my head!! People, OK. Goats, well, not my thing but whatever. The Butcher of Waco, inflatable or otherwise...? I'll never have sex again.

I'm thinking a tactic like this is long overdue...I entertained a few thoughts about it myself. Should be interesting to see if it succeeds.

 

[XLMiguel]

Don P-
You also left out the donkeys, midgets, and Great Danes. sheessh

 

[mrapathy2000]

its a long shot in illinois. talk about a understatement. if it sounds like media bias thats because it is.

let those sheep get some sleep