http://www.chicagotribune.com/news/local/chi-0410300273oct30,1,1134525.story?coll=chi-news-hed
A Cook County judge Friday rejected the arguments of a Wilmette man who claimed his constitutional rights were violated after he shot a home intruder and then was cited for violating a village ordinance banning possession of a handgun.
Hale DeMar, who shot Morio Billings of Chicago after Billings broke into his home in December, challenged the village ordinance under which he was fined $750.
In a 16-page order, Circuit Judge Thaddeus Machnik dismissed his claim, disputing DeMar's argument that his right to privacy under the 14th Amendment includes the right to possess a handgun in his home.
"On Friday, Machnik's order concluded, in part: "The United States Supreme Court, the Seventh Circuit, and the Illinois Supreme Court have categorically held that the right to possess a firearm, and particularly a handgun is not a fundamental right." The judge also stated that municipalities have a "legitimate governmental interest" in reducing firearm-related deaths and injuries.
You know what to do: write,call,run his fax machine out of ink and paper
Circuit Judge Thaddeus Machnik
Address: Richard J. Daley Center
50 Washington St., Room 1001
Chicago, IL 60602
Phone: (312) 603-7957
Fax: (312) 603-4557
(312) 603-3475 (Executive Officer)
A Cook County judge Friday rejected the arguments of a Wilmette man who claimed his constitutional rights were violated after he shot a home intruder and then was cited for violating a village ordinance banning possession of a handgun.
Hale DeMar, who shot Morio Billings of Chicago after Billings broke into his home in December, challenged the village ordinance under which he was fined $750.
In a 16-page order, Circuit Judge Thaddeus Machnik dismissed his claim, disputing DeMar's argument that his right to privacy under the 14th Amendment includes the right to possess a handgun in his home.
"On Friday, Machnik's order concluded, in part: "The United States Supreme Court, the Seventh Circuit, and the Illinois Supreme Court have categorically held that the right to possess a firearm, and particularly a handgun is not a fundamental right." The judge also stated that municipalities have a "legitimate governmental interest" in reducing firearm-related deaths and injuries.
You know what to do: write,call,run his fax machine out of ink and paper
Circuit Judge Thaddeus Machnik
Address: Richard J. Daley Center
50 Washington St., Room 1001
Chicago, IL 60602
Phone: (312) 603-7957
Fax: (312) 603-4557
(312) 603-3475 (Executive Officer)
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