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States Attorney Doesn't Understand Lautenberg Amendment

Discussion in 'Legal' started by Jeff White, Nov 20, 2004.

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  1. Jeff White

    Jeff White Moderator Staff Member

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    Ok, I'm curious to know what agency is providing the $220K grant. It is also obvious that our incoming states attorney doesn't understand Lautenberg. Domestic Battery doesn't have to be a felony case for those convicted of it to lose their RKBA.

    The county is over run with meth labs and the new guy wants to take peoples FOID cards away. It's going to be an interesting 3 years...

    Jeff

    http://www.wjbdradio.com/news_view.asp?WEBID=271

     
    Last edited: Nov 20, 2004
  2. JimP

    JimP Member

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    He may not be so stupid. Lautenburg only applies to misdemeanor battery. therefor, if you have a felony against you - it doesn't qualify and therefor you may have a shot at retaining your weapons (albeit the felony statutes against gun ownership). But, if filed as a felony - it looks like you automatically lose your FOID and therefor he gets you coming and going.
     
  3. Standing Wolf

    Standing Wolf Member in memoriam

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    People who can't tell "loss" from "lose" and singulars from plurals shouldn't try to masquerade as journalists.
     
  4. Jeff White

    Jeff White Moderator Staff Member

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    JimP,
    Domestic Battery is a misdemeanor unless it has certain additional comonents:
    http://www.legis.state.il.us/legisl...0&SeqEnd=31290&ActName=Criminal+Code+of+1961.
    What was happening was that misdemeanor domestic battery charges were often being plead out to simple battery charges. Once people were informed they'd lose their RKBA after a domestic battery conviction, they were demanding jury trials. The county is flat broke. The circuirt court isn't in that good of shape. So we now have some agency giving a $220K grant to prosecute more of these cases. But there is no grant to offset the rest of the costs. Like Judge Sauer said, there isn't any more money for public defenders. There isn't any more money for the jail. We have a new jail now, but this will certainly contribute to filling it with locals (we're currently offsetting costs by housing federal prisoners and overflow from other counties) What this is boilling down to, is that the taxpayers are unable to afford all this justice. I guess in a perfect world there would be enough police, prosecutors, public defenders and jail space to accomodate all the crime that is out there. But the world we live in is far from perfect. I wonder if Senator Lautenberg thought about the strain his famous amendment would put on local jurisdictions? My question is, what crimes are going to be plead out or dismissed while we put all this emphisis on domestic violence for the next two years?

    Jeff
     
  5. El Tejon

    El Tejon Member

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    Come now, Jeff. You've been in law enforcement to know that's it's all about the money. :)

    Grant is tied into a felony body count, just like the drug grants.

    The money, the dinero, the geld, the denek--it's all about it. :D
     
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