Page 1 of 2 12 LastLast
Results 1 to 25 of 33

Thread: Here is what OC (of a sort) gets you In Illinois

  1. #1
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    http://icarry.org/modules.php?name=N...=0&thold=0

    Illinois law on firearmstransportation is relatively clear. Unloaded, encased, must have firearm ownerID card in possession. No requirement to transport in trunk, or locked up, etc.

    This guygot atactical nylon holster, modified it so it completely encases hispistol (making it a legal gun case per Illinois law), straps on holsterwith UNLOADED gun, and wanders around town for a few months before attracting the 'right" kind of attention.

    Mall ninjas noticed holster and either arrested him or had him arrested (that part is not totally clear). After discussing it for several hours, local cops charged him with misdemeanor UUW (unlawful use of weapon). State's attorney bumped it up to felony (I suspect because he is under 21, and thatis an aggravating factor).

    He also managed to get himself arrested for DC last fall at the college he attends. Apparently the EMPTY holster and nylon windbreaker he was wearing with his web site address on it "alarmed" an employee. That charge was dropped and he is now suing them in federal court. IMO a classic first amendment case. I guess he wore both for a couple months at the school and than eventually wandered into the college police station wearing them.

    My guess is as soon as a judge sees what happened (presuming everything I have been told about the case is true) the thing will be tossed out on its ear. But, in the meantime, he is under indictment for a felony.

    I casually know Shaun. I think he means well, but I am just not sure how to take this situation. I just don't see much traction in the right to carry around an unloaded gun. Not really something you can rally the troops to, although I must admire his spunk. And 50 some people have signed up as members of his fledgling organization so far (I am not among them BTW).


    6-2-06 update. Now I am a member.




  2. #2
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    sometimes it takes a very courageous individual to make a change. Martin Luther comes to mind when I say that. Shaun isn't any different. Truth to tell, were I to still live in Illinois (and single) I'd be doing this and more. The state of Illinois ( and the federal court that presides over it) are one of a handful of co-conspirators to disarm the populace. The 'home rule' crap that the Illinois courts made astounds me that it's been upheld.

    sometimes I wonder if Illinois is going to be the catalyst for revolution.

  3. #3
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    DKSuddeth wrote:
    sometimes it takes a very courageous individual to make a change. Martin Luther comes to mind when I say that. Shaun isn't any different. Truth to tell, were I to still live in Illinois (and single) I'd be doing this and more. The state of Illinois ( and the federal court that presides over it) are one of a handful of co-conspirators to disarm the populace. The 'home rule' crap that the Illinois courts made astounds me that it's been upheld.

    sometimes I wonder if Illinois is going to be the catalyst for revolution.
    The courts did not make it up. It is in the state constitution, just as it is in many state constitutions.

  4. #4
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    ilbob wrote:
    DKSuddeth wrote:
    sometimes it takes a very courageous individual to make a change. Martin Luther comes to mind when I say that. Shaun isn't any different. Truth to tell, were I to still live in Illinois (and single) I'd be doing this and more. The state of Illinois ( and the federal court that presides over it) are one of a handful of co-conspirators to disarm the populace. The 'home rule' crap that the Illinois courts made astounds me that it's been upheld.

    sometimes I wonder if Illinois is going to be the catalyst for revolution.
    The courts did not make it up. It is in the state constitution, just as it is in many state constitutions.
    Im unaware of the home rule provision in the illinois constitution. can you put it up here?

  5. #5
    Administrator John Pierce's Avatar
    Join Date
    May 2006
    Location
    Bristol, VA
    Posts
    1,735

    Post imported post

    The home rule portion of the Illinois constitution ...
    [line]SECTION 6. POWERS OF HOME RULE UNITS
    Code:
    (a)  A County which has a chief executive officer elected
    by the electors of the county and any municipality which has
    a population of more than 25,000 are home rule units. Other
    municipalities may elect by referendum to become home rule
    units. Except as limited by this Section, a home rule unit
    may exercise any power and perform any function pertaining to
    its government and affairs including, but not limited to, the
    power to regulate for the protection of the public health,
    safety, morals and welfare; to license; to tax; and to incur
    debt.
    (b)  A home rule unit by referendum may elect not to be a
    home rule unit.
    (c)  If a home rule county ordinance conflicts with an
    ordinance of a municipality, the municipal ordinance shall
    prevail within its jurisdiction.
    (d)  A home rule unit does not have the power (1) to
    incur debt payable from ad valorem property tax receipts
    maturing more than 40 years from the time it is incurred or
    (2) to define and provide for the punishment of a felony.
    (e)  A home rule unit shall have only the power that the
    General Assembly may provide by law (1) to punish by
    imprisonment for more than six months or (2) to license for
    revenue or impose taxes upon or measured by income or
    earnings or upon occupations.
    (f)  A home rule unit shall have the power subject to
    approval by referendum to adopt, alter or repeal a form of
    government provided by law, except that the form of
    government of Cook County shall be subject to the provisions
    of Section 3 of this Article. A home rule municipality shall
    have the power to provide for its officers, their manner of
    selection and terms of office only as approved by referendum
    or as otherwise authorized by law. A home rule county shall
    have the power to provide for its officers, their manner of
    selection and terms of office in the manner set forth in
    Section 4 of this Article.
    (g)  The General Assembly by a law approved by the vote
    of three-fifths of the members elected to each house may deny
    or limit the power to tax and any other power or function of
    a home rule unit not exercised or performed by the State
    other than a power or function specified in subsection (l) of
    this section.
    (h)  The General Assembly may provide specifically by law
    for the exclusive exercise by the State of any power or
    function of a home rule unit other than a taxing power or a
    power or function specified in subsection (l) of this
    Section.
    (i)  Home rule units may exercise and perform
    concurrently with the State any power or function of a home
    rule unit to the extent that the General Assembly by law does
    not specifically limit the concurrent exercise or
    specifically declare the State's exercise to be exclusive.
    (j)  The General Assembly may limit by law the amount of
    debt which home rule counties may incur and may limit by law
    approved by three-fifths of the members elected to each house
    the amount of debt, other than debt payable from ad valorem
    property tax receipts, which home rule municipalities may
    incur.
    (k)  The General Assembly may limit by law the amount and
    require referendum approval of debt to be incurred by home
    rule municipalities, payable from ad valorem property tax
    receipts, only in excess of the following percentages of the
    assessed value of its taxable property: (1) if its population
    is 500,000 or more, an aggregate of three percent; (2) if its
    population is more than 25,000 and less than 500,000, an
    aggregate of one percent; and (3) if its population is 25,000
    or less, an aggregate of one-half percent. Indebtedness which
    is outstanding on the effective date of this Constitution or
    which is thereafter approved by referendum or assumed from
    another unit of local government shall not be included in the
    foregoing percentage amounts.
    (l)  The General Assembly may not deny or limit the power
    of home rule units (1) to make local improvements by special
    assessment and to exercise this power jointly with other
    counties and municipalities, and other classes of units of
    local government having that power on the effective date of
    this Constitution unless that power is subsequently denied by
    law to any such other units of local government or (2) to
    levy or impose additional taxes upon areas within their
    boundaries in the manner provided by law for the provision of
    special services to those areas and for the payment of debt
    incurred in order to provide those special services.
    (m)  Powers and functions of home rule units shall be
    construed liberally.

  6. #6
    Regular Member
    Join Date
    May 2006
    Location
    Burke/Blacksburg, Virginia, USA
    Posts
    998

    Post imported post

    DKSuddeth wrote:
    sometimes it takes a very courageous individual to make a change. Martin Luther comes to mind when I say that. Shaun isn't any different. Truth to tell, were I to still live in Illinois (and single) I'd be doing this and more. The state of Illinois ( and the federal court that presides over it) are one of a handful of co-conspirators to disarm the populace. The 'home rule' crap that the Illinois courts made astounds me that it's been upheld.

    sometimes I wonder if Illinois is going to be the catalyst for revolution.
    It did take a lot of courage for Martin Luther to stand up against the Catholic Church in 1517, and it also took a lot of courage for Martin Luther King Jr. to stand up for civil rights in the 1960s.

  7. #7
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    VApatriot wrote:
    DKSuddeth wrote:
    sometimes it takes a very courageous individual to make a change. Martin Luther comes to mind when I say that. Shaun isn't any different. Truth to tell, were I to still live in Illinois (and single) I'd be doing this and more. The state of Illinois ( and the federal court that presides over it) are one of a handful of co-conspirators to disarm the populace. The 'home rule' crap that the Illinois courts made astounds me that it's been upheld.

    sometimes I wonder if Illinois is going to be the catalyst for revolution.
    It did take a lot of courage for Martin Luther to stand up against the Catholic Church in 1517, and it also took a lot of courage for Martin Luther King Jr. to stand up for civil rights in the 1960s.
    hmmm, seems I got caught trying to use a shortcut on the internet. :P

    I did mean martin luther king jr.

  8. #8
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    Martin Luther was every bit as courageous in what he did, but it was a long time ago and few people learn much history from that period of time. Germany at that time was in such a confused state, many people just give up trying to understand it.

    The history of the German States from the time of the Holy Roman Empire until the German Empire was formed, is fascinating, if extremely confusing. At times there were hundreds of independent states that constituted the HRE. Most of them issued their own coinage, had their own laws, and their own sovereign ruler,even though a few were just a single smallcity or even only a few square miles in area.

    Some time when you are ready to be completely confused,try googling Holy Roman Empire and read for a few hours. The incredible history of this region from the late 8th century until the late 19th century willgive you ahead ache, but you may also find it quite interesting.

  9. #9
    Regular Member
    Join Date
    May 2006
    Location
    Burke/Blacksburg, Virginia, USA
    Posts
    998

    Post imported post

    ilbob wrote:
    Martin Luther was every bit as courageous in what he did, but it was a long time ago and few people learn much history from that period of time. Germany at that time was in such a confused state, many people just give up trying to understand it.

    The history of the German States from the time of the Holy Roman Empire until the German Empire was formed, is fascinating, if extremely confusing. At times there were hundreds of independent states that constituted the HRE. Most of them issued their own coinage, had their own laws, and their own sovereign ruler,even though a few were just a single smallcity or even only a few square miles in area.

    Some time when you are ready to be completely confused,try googling Holy Roman Empire and read for a few hours. The incredible history of this region from the late 8th century until the late 19th century willgive you ahead ache, but you may also find it quite interesting.
    I love one quote I have heard about the Holy Roman Empire.

    "It was nether 'holy' nor 'Roman'nor an 'empire'"

    But back to the topic, this guy should be praised. He is making a tough stand for what he knows is right.

  10. #10
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    I think the quote is from Voltaire.

    The operative part of the UUW statute is
    does not apply to or affect transportation of weapons that meet one of the following conditions:
    [...]are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card
    Since the words "other container" are actually in the statute, and a purse has been found to qualify,I don't see what they can convict him on. But stranger things have happened.

    I think as a prosecution strategy, they would be better off if they charged him with DC. They might be able to pull that one off, since the DC statute is a lot murkier.





  11. #11
    Regular Member
    Join Date
    May 2006
    Location
    , ,
    Posts
    32

    Post imported post

    I'll bet this case gets dropped just like the last one. The Prosecutor does not have a leg to stand on. SFC Stu

  12. #12
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    SFC Stu wrote:
    I'll bet this case gets dropped just like the last one. The Prosecutor does not have a leg to stand on. SFC Stu
    One would think so. But the criminal justice system tends to take a dim view of people using it to make a point. It would not be a big stretch for them to think that is exactly what he is doing.

  13. #13
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    this is winnebago county and to my knowledge (I haven't lived there in over 10 years) they have never had someone challenge them like shaun has done. I can only assume that they will try to press him toplea bargain so that they don't have to deal with a new precedent.

  14. #14
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    The Winnebago CountySA (Paul Logli)is up for a federal judgeship.

    Who knows what that adds to the mix, or whether it adds anything.

    Logli is generally regarded as fair and honest, for what thats worth.

    It would not be anew precedant. There are several cases on point, at last threeI am aware of. One involved a gun in a purse.I think it was an appeals court ruled that was an acceptable container fora gun under the UUW statute.






  15. #15
    Regular Member
    Join Date
    May 2006
    Location
    , ,
    Posts
    32

    Post imported post

    Shaun has a good firearms lawyer and with a fair Judge, may set a state precedence.

    If he does, it may encourage the legislature to pass a CCW law. It's imperative that that we get rid of Rod Blagobitch this fall! SFC Stu

  16. #16
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    SFC Stu wrote:
    Shaun has a good firearms lawyer and with a fair Judge, may set a state precedence.
    The precedents have already been set at trial court level (I think 3 of them). The problem is that it is basically meaningless unless it goes up the food chain and no state's attorney is likely to appeal such a minor case.

    Even with solid precedent I am not convinced it means a whole lot. The "right" to carry an unloaded gun around is not something too many people will get all that excited about.



  17. #17
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    <deleted>

  18. #18
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    For those that are wondering the case is still in court I believe. I believe another court appearanceis scheduled for this month. At the last appearance in court the modified case which was taken as evidence was badly torn. Shaun says it was in perfect condition when taken from him.

  19. #19
    Regular Member
    Join Date
    Feb 2007
    Location
    , ,
    Posts
    186

    Post imported post

    looks like Shaun won one. story at icarry.org.



    :celebrate

  20. #20
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    http://www.icarry.org/index.php

    Shaun Kranish "Aggravated Unlawful Use of Weapons" DISMISSED!!!
    Posted by SAK on Monday, July 16 @ 20:41:27 CDT (6 reads)
    (comments? | Score: 0)


    I went to court today, and Judge Steven Vecchio ruled according to the law, as it is written, despite pressure from the state to "legislate from the bench" on this entirely POLITICAL issue.

    The charge of Aggravated Unlawful Use of Weapons was dismissed with prejudice because I was exempt from prosecution according to the exception firearms may be transported that:

    (iii) are unloaded and enclosed in a case,

    firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card;

  21. #21
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    Great News! Carry on Shaun!

  22. #22
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    YeeaAH!
    (Applauds loudly and boisterously.)

    For an anti-gun stink hole like Illinois, this is a Grand Slam, bottom of the ninth in a playoff game.

    This is very encouraging... maybe there is hope for places like Illinois and California after all.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  23. #23
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    wow, maybe i'll visit my family sometime soon, fannypackin'

  24. #24
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    DKSuddeth wrote:
    wow, maybe i'll visit my family sometime soon, fannypackin'
    This being the state of Daleyistan, unless you are willing to fight in the court system for fourteen months over something not only not illegal but specifically authorized by law, perhaps you should think again.

  25. #25
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    http://rrstar.com/apps/pbcs.dll/arti...0107/107200032



    Read it quick before it goes away.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •