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Irony-Illinois style

Discussion in 'Legal' started by fedlaw, Nov 17, 2004.

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  1. fedlaw

    fedlaw Member

    Feb 22, 2003
    "About half a dozen Illinois cities, including Chicago, ban handguns, according to the Illinois Council Against Handgun Violence.
    The council's executive director, Tom Mannard, said he was disappointed by the veto override. He called it a dangerous overreaction to a single incident."

    Mr. Mannard has an interesting sense of humor, considering that these handguns bans (except Chicago's), came about as the result of "a dangerous overreaction to a single incident," namely the Laurie Dann shootings.

    BTW, does this new law mean that it's okay to keep a gun in your house or business so long as you only intend to shoot people and not paper targets?
  2. foghornl

    foghornl Member

    Dec 27, 2002
    Not sure about keeping weapons at home just to plink at the bad guys, but Illinois certainly gave Guv. Hot Rod Roddy & Emperor DICK Daley II a great big


    gotta keep it on 'The High Road' . . .

    Hmmm...How long it is going to be before Emperor DICK Daley II says that the new law doesn't apply to Chikago/Cook County, because of the "Home Rule" thing, like the city of Denver, CO thumbs its collective nose at the law.
  3. DonP

    DonP Member

    Dec 25, 2002
    Chicago area
    Don't think home rule exists here

    I'm not sure but I don't think the home rule thing exists in Illinois.

    But Daley will have no problem trying to get a new home rule resolution pushed through his meat puppet pals downstate in the legislature. Or just tell the Governor that he will rescind his free parking and bodyguards if he doesn't do as he's told.

    I'm hoping this kind of reaction makes all those pinheads think twice about little Lisa's latest version of the AWB for us.

    With luck, Daley will get so tied up in the latest round of Federally investigated "hired truck" and the new "stolen and resold cars" scandal that is now emerging that he will leave us alone for a few more years.

    A big Daley contributor got the exclusive towing rights in the city for "illegally" parked cars. If you don't pay your tickets in 7 days, your car is confiscated and "supposedly" crushed for scrap. Except... they have found several Land Rover and Lexus type luxury cars still driving around after they were supposedly scrapped. They were being sold by his buddy, the towing company.

    Could get ugly ... I hope.

    Otherwise he'll keep getting re=elected until the indictments come down.
  4. John Ross

    John Ross Member

    Jun 19, 2003
    St. Louis
    You cannot own a full auto in Illinois as a private citizen unless you are a LEO.

    Does this mean that if a BG breaks into your home and you light him up with your Dad's WWII Thompson, the state won't prosecute? I assume the feds would, or might.

  5. Sergeant Bob

    Sergeant Bob Member

    Dec 25, 2002
    The Swamps of Goldwater, MI
    I heard about the impound thing on WLS (Don Wade and Roma) this morning. They said a 3 year old Land Rover which had been stolen in Georgia and turned up in Chicago was towed to the impound lot.
    After 15 days, since no one came to claim it, it was sold to the towing company for scrap for $49.60!
    Then it later turned up being sold at auction, by the towing company, for $6000, to one of the towing company employees.

    What about the actual owners? Or, if they collected from their insurance company for the loss, then the insurance company would be the rightful owners of the vehicle.

    That guy (Daley) should be in jail.
  6. mack69

    mack69 Member

    May 21, 2004
    Just passin through!

    This from the Citizens Advocacy center...

    Illinois formally adopted home rule with the 1970 Illinois Constitution.
    Since then, the use of home rule power has had its greatest impact on municipal government because Cook County is the only one of Illinois’ 102 counties to have become home rule.
    According to the Illinois Constitution, any municipality with a population of more than 25,000 is automatically a home rule unit. Smaller municipalities may adopt home rule by referendum or initiative. Regardless of how it became home rule, any municipality may elect by referendum to drop the status.
    When a population dips below 25,000, state law provides that the municipality will retain home rule status until the next election in which a referendum will be held to determine the future status of the municipality.

    To place a home rule referendum on the ballot, either the municipal or county government must pass a resolution or citizens must file a petition with signatures of at least ten percent of the registered voters in the municipality.
    The Illinois Constitution restricts home rule counties to those that have the county executive form of government, which means that the top official is a chief executive officer elected at large. The County Executive Act defines “chief executive officer.†Unlike traditional forms of county government, the executive form contains a chief executive who is not actually part of the county board. The chief executive has the power to veto ordinances passed by the county board, much like the President may veto laws passed by Congress. The chief executive also coordinates the administration of the county government by proposing a budget, appointing a cabinet with the advice and consent of the county board, and presiding at county board meetings where s/he possesses the power to break ties.

    The doctrine of separation of powers is the paramount reason for allowing only executive form counties to become home rule counties. When a county becomes a home rule unit, its government becomes more powerful. In the executive form of government, the duties of the county board and county board chairman are split between a chief executive and the legislative county board to prevent abuses of this increased power.

    If a county wants to change from one form of government to another, the Illinois Constitution requires a county-wide referendum. The County Executive Act regulates the referenda and states that a county may vote to adopt the executive form of government while choosing to abstain from or to become home rule.

    There are two ways to put either of these referenda on the ballot: (1) the county board can pass a resolution calling for a proposal to adopt the executive form of government, or (2) the citizens of the county can file a petition with the clerk of the circuit court of the county.

    The petition must be signed by at least two percent of the registered voters in the county or five hundred individuals, whichever is smaller.

    To date, every county home rule referendum has failed. Cook County automatically became home rule with the constitution of 1970 and remains the only county possessing the status.

    In 1972, DuPage County held a home rule referendum, which was soundly defeated. In the early 1990s, DuPage County was involved in a lawsuit in which county representatives claimed that despite the failed referendum, the county was home rule because the county board chairman was elected at large, a condition which met the constitutional requirements for having a chief executive officer. The trial court and the appeals court rejected DuPage’s position that a referendum was unnecessary if other qualifications were met.
    Thus far, the County Executive Act offers the only route to home rule: a referendum, under the statute’s specifications, that establishes the statute’s version of the executive form of government.

    The Powers of Non-Home Rule and Home Rule Units of Government
    The powers of home rule and non-home rule counties and municipalities come from the state constitution and the state government. Non-home rule units still operate primarily under Dillon’s Rule, although Article VII, Section 7 of the Illinois Constitution gave them additional powers. These include the authority to make local improvements (such as building roads) funded by specially assessed fees, to incur debt except as limited by law, and to levy additional taxes upon areas within their boundaries for the provision of special services (such as garbage collection). Other than these exceptions, non-home rule units lack inherent powers, even over purely local affairs such as the financing of election campaigns for municipal and county office. The authority of non-home rule governments to regulate in different areas is derived primarily from state statutes which grant explicit power. And, because Dillon’s Rule is still in effect, courts are strict in their interpretation of the state statutes that create new powers for non-home rule local governments.

    Home rule units are no longer governed by Dillon’s Rule. In addition to powers explicitly given to them by the state legislature, the constitution gives a home rule unit inherent power over any function “pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of public health, safety, morals and welfare; to license; to tax; and to incur debt.†No subject is “off limits†to local authorities unless the General Assembly specifically restricts it.
    In determining whether a home rule unit can regulate in a certain area, two primary questions must be asked:

    (1) Is the regulation concerned solely with local matters or does it involve broader issues?

    (2) Has the state chosen to regulate in this area?

    Both of these questions typically require extensive legal analysis because often the determination of whether an action is “local†or whether the state is already regulating in this area can be very complicated.

    Illinois courts have said that home rule units of government, because of their inherent power over local affairs, may regulate: cigarette taxes, taxes on retail sales of new motor vehicles, parking taxes, reductions in mandatory fire and police retirement age, land dedications for schools and parks, zoning landfill sites, mobile home parks, low-income housing developments, and self-service gas. Illinois courts have ruled that the inherent powers of local government do not include the power to regulate health ordinances that conflict with Environmental Protection Agency regulations, noise regulations, branch banking regulations, and the disposition of unclaimed property, nor reduction of officials’ salaries or discrimination based on personal appearance. In some of these areas the state legislature may be able to delegate its power to local government, but without state action, home rule units can not regulate in these areas. Finally, courts have ruled that there are some areas where the state’s power to regulate cannot be passed along to the local unit even if the state wants to delegate these powers. For example, for public policy reasons, matters involving divorce and family law, real property, trusts and contracts must be regulated by the state and cannot vary from one municipality to the next.
  7. Standing Wolf

    Standing Wolf Member in memoriam

    Dec 24, 2002
    Idahohoho, the jolliest state
    Too many welfare cases in the Chicago area for the rule of law.
  8. X-out

    X-out Member

    May 5, 2004
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