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Illegal to own a gun in Wilmette, IL

Discussion in 'Legal' started by FRIZ, Dec 31, 2003.

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  1. FRIZ

    FRIZ Member

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    IL State Rifle Association 12-31-2003

    Wilmette Shooting

    As many of you know from news reports, a home invasion earlier this week was foiled by a homeowner who shot the perp twice. The criminal fled the house by jumping through a window and was later arrested at the hospital. Also arrested was the homeowner because Wilmette, the town in which he lives, prohibits its citizens from owning handguns. This incident again illustrates the folly of denying citizens the right to access the best means of self defense available - the handgun. This case is still developing and the ISRA will be watching it closely. More later...
     
    Last edited: Dec 31, 2003
  2. WR Olsen

    WR Olsen Member

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    I find it hard to believe that a town can outlaw a persons ability to provide for their own protection in their own house!

    Dateline: Wilmette, IL - 12/31/2003

    Sun-Times
    BY FRANK MAIN

    The suspected burglar's big mistake was returning to the scene of the crime in upscale Wilmette: The resident who lives in the home confronted the intruder and shot him twice with a handgun.

    The 31-year-old man had sneaked into a home in the North Shore suburb near the Bahai Temple late Monday, police said.

    The wounded man, who had entered the house through a ''dog door,'' fled through a front window of the resident's home and drove off in a BMW sport utility vehicle that the resident had reported stolen Sunday night.

    "He drove it to the hospital, got out and collapsed," said Wilmette Officer Roger Ockrim.

    As the alleged burglar recovered Tuesday in St. Francis Hospital in Evanston, police investigated whether he was responsible for other overnight burglaries in Wilmette neighborhoods east of Green Bay Road. Extra patrols have been assigned to those neighborhoods since the police issued a burglary alert Dec. 4.

    A neighbor said a burglar recently entered his home and stole his wife's purse. "Maybe these break-ins will stop now," he said.

    Two felony counts of residential burglary were filed Tuesday evening against Morio Billings of the 2100 block of South Trumbull in Chicago, said John Gorman of the Cook County state's attorney's office. Billings also is charged with possession of a stolen vehicle.

    The suspect may not be the only one in trouble. Possession of a handgun is illegal in the village of Wilmette, Ockrim said.

    "The central issue is that a resident of Wilmette has been burglarized, his family has been traumatized and there is a shooting," he said. "At some point, we will revisit the issue that this person possessed a handgun in violation of the ordinance. Whether or not the individual will be prosecuted depends on the totality of the circumstances."

    The 54-year-old resident said only that he did not know the intruder.

    Wilmette police said they had responded to an alarm at a home in the 0-100 block of Linden at 10:34 p.m. Monday. As police drove to the home, the resident called 911 and reported he fired several shots at an intruder.

    A short time later, St. Francis Hospital told police a 31-year-old man arrived in the emergency room with two bullet wounds. Gorman said Billings underwent surgery for gunshot wounds to the left shoulder and calf.
     
  3. Linux&Gun Guy

    Linux&Gun Guy Member

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    This is a Outrage! It wouldn't be so bad if they had banned big black ugly handguns but they banned all handguns. Hmm...Can they own revolvers or sawed off shotguns with a lisence?
     
  4. 7.62FullMetalJacket

    7.62FullMetalJacket Member

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    I guess there is only one criminal mastermind cognizant of their "gun-free zone." :rolleyes:
     
  5. Zundfolge

    Zundfolge Member

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    This could work out well ... maybe this guy will fight in court and it could work its way up to SCOTUS ... might be helpful to clarify the 'individual right' of the 2A.
     
  6. Pilgrim

    Pilgrim Member

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    Some gun rights organization that can fund the appeals needs to get to this guy before he rolls over and plays dead by accepting a plea bargain.

    Pilgrim
     
  7. seeker_two

    seeker_two Member

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    This would be a perfect 2A case for SCOTUS...

    ...that is, if I trust SCOTUS to come down on our side. :scrutiny:
     
  8. 7.62FullMetalJacket

    7.62FullMetalJacket Member

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    I do not see why this is a test case for 2A. People also have the right to assemble. If this village wants no guns, then that is a local decision. You are pitting the 1st against the 2nd, which is a sure recipe for disaster.

    If you want to own a gun, and you feel the need to provide for your own security, then MOVE from Wilmette, IL and assemble with people of like mind. I know that I will be crossing this one off my list of places to visit/reside.

    Its a big country and you have CHOICES. :neener:
     
  9. lee n. field

    lee n. field Member

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    It's been that way for years. Does Morton Grove ring a bell for you? This was back in the Carter years, I think, when a Chicago and a couple 'burbs (<spit>) used their phenominal home rule powers to ban handguns. Ill-i-noise has no preemption.
     
  10. Langenator

    Langenator Member

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    7.62-

    What this would be a good case for is not only the individual right protected by the Second Amendment, but the 'incorporation' of the 2nd under the 14th. The 2nd remains, IIRC, the only Amendment in the BoR that has not been applied to the states through the 14th.

    County and municipal governments are recognized as creatures of the state government. The 14th applies the limitations of the BoR to state governments. Therefore, state, county, and municipal governments may not restrict the RKBA. It has nothing to do with the right to assemble and everything to do with the government restricting Second Amendment freedoms.
     
  11. spartacus2002

    spartacus2002 Member

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    How about we find a place where we vote slavery back in? And then we vote that all blonde females with large breasts belong to all the men in common?:rolleyes:

    Oh yeah, that would be abrogation of basic human rights by the voting process, which our system of law prohibits. But hey, we're talking guns, and they are evil...
     
  12. jimpeel

    jimpeel Member

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    They didn't ban ALL firearms, just handguns. This will be their argument that they did not violate the guy's 2A rights. USSC will concur or refuse to hear the case which will be upheld at the lower level.

    The only argument that might be valid in the case of Militia use would be that handguns were invented, and used in military conflict, prior to the advent of the long gun.
     
  13. El Tejon

    El Tejon Member

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    You guys are obviously too young to remember Morton Grove.:scrutiny:
     
  14. ChuckB

    ChuckB Member

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    One of Wilmette's council members made one of those unbelievably idiotic statements that anti-gun people seem to find logical. He said that, while he saw no reason to change the handgun ban, he sure was glad that the homeowner had a gun. And these people make laws and run governments????

    Chuck
     
  15. 7.62FullMetalJacket

    7.62FullMetalJacket Member

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    Langenator and Spartacus,

    Federal supremacy is a touchy issue with the 2A. DC, NY, MG IL, and others ban some or all guns. This has stood for years. The sheeple feel secure(?).

    Be careful what you ask for. If the 14th's equal protection clause applies here, then can it be applied everywhere? Are all local and state laws required to be uniform? Speed limits? Moving violations? Concealed carry? Body armor? Auto emission controls? Where does it end?

    The Republic was started with the idea of competition among states to preserve freedom. For example, if California becomes too authoritarian, people will move to states with more freedom (like the Mtn states) and California will be forced to change their ways to coax the ex-pats back or shrivel on the vine. There is also protection for the like-minded in localities.

    Under your view, all states will eventually end up under the same laws. Where is the relief valve?

    All politics is local and that is where these decisions need to be made. I do not need the heavy hand of federal government telling my local, like-minded population to do anything differently than we have already decided.

    Yes, there are extremes, such as slavery, or capital crimes which must be not be harbored. But federal intervention only in EXTREME personal/human rights issues. A free citizen and gun owner can choose not to live in Wilmette, but a slave has no choice, before we start these apples/oranges debates.

    Again, all politics should local. I want no part of Washington, and I do not need a Senator from New York telling me what I should be doing. They should worry about national defense and other limited functions as presented in the US Constitution.
     
  16. seeker_two

    seeker_two Member

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    No. The laws won't be the same everywhere. But every government DOES have the responsibility to limit itself from violating the rights of the people as eneumerated in the BOR. Just because speed limits can differ from state to state doesn't mean that one state can refuse to acknowledge one's right to free speech or to keep and bear arms.

    Of course, this only applies to a CONSTITUTIONAL government...:rolleyes:
     
  17. spacemanspiff

    spacemanspiff Senior Member

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    is it the Right to Keep and Bear Arms?

    or the Right to Keep and Bear SOME Arms?
     
  18. El Tejon

    El Tejon Member

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    space, this is Chicago and its 'burbs: one has NO rights. There is no 2A in Illinois, guys! Remember the Morton Grove case?:uhoh:
     
  19. 7.62FullMetalJacket

    7.62FullMetalJacket Member

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    El T,

    Please refresh my brain. Was the Morton Grove case resolved in court? How? I am lazy (and should be working). :rolleyes:
     
  20. El Tejon

    El Tejon Member

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    7.62, 2A does not apply to the states via 14th Amendment. Supreme Court denied cert. Thus, handgun ban was upheld.

    Remember, it is also Illinois. Thousands, upon thousands of laws, that very few obey (especially grad skul students who were born and raised in Free America).:cool:
     
  21. 7.62FullMetalJacket

    7.62FullMetalJacket Member

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  22. rdbrowning

    rdbrowning Member

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    I'm glad MI passed a pre-emptive law so that local authorties can not restrict a person's gun rights farther than what the state does. At least here if you get a CCW it is good state wide. Some cities have tried to restrict CCW in their jurisdictions but our SC upheld the Michigan Coalition of Responsible Gun Owners lawsuit to stop it. If it is legal to own a pistol in the state a city can't disallow it.
     
  23. Standing Wolf

    Standing Wolf Member in memoriam

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    I don't. There are representatives of the Democratic (sic) party from coast to coast.
     
  24. spartacus2002

    spartacus2002 Member

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    I never said I wanted the Feds to make all the laws uniform across the nation. I believe in the free market of ideas, and the states as the great laboratories.

    My point was that in a Republic, there are certain principles that are not subject to change based on how a majority of voters or their elected representatives "feel" about it. Under common law and the 2A, self-defense thru the ownership and possession of firearms is one of those rights that cannot be outlawed. I don't give a hoot in hell how many laws are passed banning guns, or how many courts uphold those laws, such laws are unconstitutional and wrong, morally, legally, and as a practical matter.
     
  25. Bud Wiser

    Bud Wiser Member

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    Thanks for the information and on another note, the Illinois State Rifle Association should stop hanging out as much at the Range and start filing Law Suits against these towns that think they can pass laws abolishing the 2nd Amendment.
     
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