joshcdc
Regular Member
imported post
about the illinois and self defense comment-
DEROS72-"Yep.I was reading somewhere ,that i IL. you can be prosecuted for defending your life and home with a gun.It is the victims resposibility to run away or hide.It is complete insanity in its highest form."
(720 ILCS 5/7 2) (from Ch. 38, par. 7 2)
Sec. 7 2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)
So in illinois, there is no duty to retreat in the home, however, you can be prosecuted for using a gun to defend your home, and worse, obama voted against a law which would have made a person immune to prosecution for using a firearm to defend his home, even though said bill was directly based on an actual case.
In 2004, Obama Voted Against Legislation "Drafted To Protect Homeowners From Prosecution In Cases Where They Used A Firearm To Halt A Home Invasion." "[O]bama cast a total of 4 votes in opposition to SB2165. SB2165 was drafted to protect homeowners from prosecution in cases where they used a firearm to halt a home invasion. Once again, Obama found himself on the wrong side of the issue as overwhelming majorities of both the House and the Senate voted in favor of this important legislation. Obama's steadfast opposition to SB2165 is indicative of his misplaced priorities on issues of self-defense and personal firearm ownership." (Illinois State Rifle Association, "ISRA Blasts Candidate Obama On His Record Of Hostility Toward Law-Abiding Firearm Owners," Press Release, 8/24/04)
· The Bill Was In Response To Homeowner Who Shot Burglar Who Had Broken Into His Home - Twice. "The state handgun bill Obama voted against was a response to the case of a suburban Chicago restaurant owner who shot a burglar who had broken into his home twice." (Mike Robinson, "Keyes Rips Obama Over Opposition To Gun Bill," The Associated Press State & Local Wire, 8/24/04)
another horrible fact-On 1996 Questionnaire, Obama Answered "Yes" To Question About His Support For Legislation To "Ban The Manufacture, Sale And Possession Of Handguns." Question: "Do you support state legislation to ... ban the manufacture, sale and possession of handguns? [Obama's Response:] Yes." (Independent Voters Of Illinois Independent Precinct Organization 1996 General Candidate Questionnaire, Barack Obama Responses, 9/10/96)
sorry if this is too much information, i'm new to the forum and trying stick to forum rules about citing sources for rule of law and such. does seem like this thread belongs somewhere besides the washington board though.
p.s. my two cents on lesser of two evils (i'm voting libertarian just like i always did) What makes you think McCain is less evil than Obama? their both pretty similar in many ways, both have many positions which i can't stand. why would anyone vote for someone who they don't support?
about the illinois and self defense comment-
DEROS72-"Yep.I was reading somewhere ,that i IL. you can be prosecuted for defending your life and home with a gun.It is the victims resposibility to run away or hide.It is complete insanity in its highest form."
(720 ILCS 5/7 2) (from Ch. 38, par. 7 2)
Sec. 7 2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)
So in illinois, there is no duty to retreat in the home, however, you can be prosecuted for using a gun to defend your home, and worse, obama voted against a law which would have made a person immune to prosecution for using a firearm to defend his home, even though said bill was directly based on an actual case.
In 2004, Obama Voted Against Legislation "Drafted To Protect Homeowners From Prosecution In Cases Where They Used A Firearm To Halt A Home Invasion." "[O]bama cast a total of 4 votes in opposition to SB2165. SB2165 was drafted to protect homeowners from prosecution in cases where they used a firearm to halt a home invasion. Once again, Obama found himself on the wrong side of the issue as overwhelming majorities of both the House and the Senate voted in favor of this important legislation. Obama's steadfast opposition to SB2165 is indicative of his misplaced priorities on issues of self-defense and personal firearm ownership." (Illinois State Rifle Association, "ISRA Blasts Candidate Obama On His Record Of Hostility Toward Law-Abiding Firearm Owners," Press Release, 8/24/04)
· The Bill Was In Response To Homeowner Who Shot Burglar Who Had Broken Into His Home - Twice. "The state handgun bill Obama voted against was a response to the case of a suburban Chicago restaurant owner who shot a burglar who had broken into his home twice." (Mike Robinson, "Keyes Rips Obama Over Opposition To Gun Bill," The Associated Press State & Local Wire, 8/24/04)
another horrible fact-On 1996 Questionnaire, Obama Answered "Yes" To Question About His Support For Legislation To "Ban The Manufacture, Sale And Possession Of Handguns." Question: "Do you support state legislation to ... ban the manufacture, sale and possession of handguns? [Obama's Response:] Yes." (Independent Voters Of Illinois Independent Precinct Organization 1996 General Candidate Questionnaire, Barack Obama Responses, 9/10/96)
sorry if this is too much information, i'm new to the forum and trying stick to forum rules about citing sources for rule of law and such. does seem like this thread belongs somewhere besides the washington board though.
p.s. my two cents on lesser of two evils (i'm voting libertarian just like i always did) What makes you think McCain is less evil than Obama? their both pretty similar in many ways, both have many positions which i can't stand. why would anyone vote for someone who they don't support?