The Correct Call, but....
- Homer "Tank" Wright says he's happy prosecutors dropped charges filed against him after he shot a suspected burglar last week.
But the 80-year-old tavern owner in Englewood is upset they did not return the .38-caliber pistol he used to shoot the intruder in the leg.
"I still don't appreciate them taking my weapon because I need one," Wright said. "You, me or anybody else should be able to have some kind of protection. You have to be able to take care of yourself."
But there's the problem:
- Wright was charged with unlawful use of a weapon because he had been convicted in the past of weapons charges and is not allowed to own a gun. Prosecutors defended the charge, but announced in court early this morning that they were dismissing it. They gave no explanation.
The law doesn't say any felon except 80-year-old Homer Wright can't have a gun. The law is pretty explicit that no felon shall own any gun. Not a lot of wiggle room there. Which is amusingly ironic as Wright, who has reached his golden years in defiance of some pretty long odds, truly needs a gun to protect himself but because of previous bad life decisions, is prohibited from doing so.
And that's to say nothing about how can a felon hold a liquor license?
Brilliant job by the States Attorneys not explaining the dropping of the charges though. A completely teachable moment about how gun ownership can and does prevent crime, how an elderly businessman can defend his property against young thugs by use of a gun, how maybe there needs to be a serious discussion about restoring Second Amendment Rights to those who have served their time and stayed out of trouble for years. Nope, we'll just close our eyes, plug our ears and pretend Homer Wright didn't actually shoot anyone.
Labels: gun issues
posted by SCC at 12:04 AM
64 Comments:
I'd drink at Ole Hambone's place of business.
"...maybe there needs to be a serious discussion about restoring Second Amendment Rights to those who have served their time and stayed out of trouble for years..."
Current Illinois law says that a person can petition the state to have their gun rights restored twenty (20) years after a disabling conviction.
Fortunately for this gentleman, it won't be hard to get another gun.
I'm not exactly sure how it works, but given Wright's age and his lack of arrests for the past 17 years, couldn't he have gotten his record expunged?
Homer... despite making a mistake once upon a time or being actively involved in criminal activity... served his time and has been a positively constructive part of his community. He 'may' be labeled as a tavern 'owner' but it truly is a FACT the license is in someone elses name! Perhaps his wife...no problem... I personally know a variety of police officers that did this for years!!! Do not throw a rock and then hide your hand!
Just like trayvon "im a gangster" martin and George "I like to fight the police" Zimmerman shouldn't be poster boys. Neither should this guy. He is a convicted felon and because of that he forfeited his right to ever have a gun legally for the rest of his life.
Sometimes we've got to drop this 'convicted felon' CRAP! I personally responded to a call... placed by a citizen (convicted) that alerted 911 that a police officer was in trouble... it was on 58th street in the 002nd District. Upon arrival it was discovered that a Sergeant had enetered a joint, attempting to quail a disturbance...and one of the shit heads broke a bottle in his face. Fortunately he did not loose his sight, but at the moment he was blinded by blood from a profuse wound. To the surprise of all that responded... a convicted felon that had been a golden gloves champ...had backed the Sergeant in the corner for protection and was kicking anybody's ass that tried to get to him! YES! He was a convicted felon but I and the Sergeant appreciated what he had become and what he stood for!!!
Brilliant job by the States Attorneys not explaining the dropping of the charges though. A completely teachable moment about how gun ownership can and does prevent crime, how an elderly businessman can defend his property against young thugs by use of a gun, how maybe there needs to be a serious discussion about restoring Second Amendment Rights to those who have served their time and stayed out of trouble for years. Nope, we'll just close our eyes, plug our ears and pretend Homer Wright didn't actually shoot anyone.
Labels: gun issues
posted by SCC at 12:04 AM
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Oh, hell - if Chicago can conveniently ignore most Federal immigration laws and State driver's license laws, why not ignore the law for someone who honestly deserves it?
Homer is a hero in my books. If he had not acted him and his wife would probably be dead. These jagoffs don't like leaving behind any witnesses. If a man/woman has served their time then they have just as much right to protect their lives and property as any one else. Homer will get another gun and wait for the next asshole to violate his property. Many parts of this city are a war zone. Citizens need and will protect themselves.
So now Everyfickingbody in the joint on a weapons charge or enhanced by one will get carpal tunnel demanding an appeal!
Then sue and be a ghetto princess.
Marry or hire a bodyguard without an IR# SID# FBI# LEADS# AND A NCIC #
A sleeper traitor; go with the UUW by a felon and justifiable homicide or he can leave the country with a parasite under each arm?
He's still a multiple convicted felon. he shouldnt get his gun back. no fucking way
this is cook county, and thats all the wiggle room you need. no explanation necessary.
If he was convicted in the past of WEAPONS CHARGES that were unconstitutional under that asshole communist Daley, that conviction should be thrown out and his rights under the Second Amendment restored.
Sorry. I am of the opinion that he made his bed and now has to sleep in it...without his piece.
He led a life and was part of the reason the rest of us need a gun. I don't care that he is too old to be a thug now. He just shouldn't have been one in the first place.
Too much forgiveness in the world for criminals. Laws are there for the protection of the law abiding. You reap what you sew. Live a good life.
Anita says NO ONE should own a gun...
There is a procedure in the FOID card act for getting one's gun rights restored. It is not well known, but it is there.
I wouldn't expect Anita Alvarez to do anything intelligent.
Fix the law.
I rarely see anyone brought up on gun charges, or at least convicted by a court and I am talking about the bad guys.
Fuck him. He's little more than an 80 year old thug, only a bit slower than thugs of a younger age. Homer's menaced society for decades (look at his rap sheet), and he's getting a taste of his own medicine. Not saying I'd like to see him dead as a result of being home invaded, but NO, he should NOT have be RWOCd. He made his bed many, many years ago and he deserves to lay in it. And while we're bringing up how poor old Homer has been all rehabilitated with no pinches for 17 years, let's ask him to see those tax filings for this bar business. I bet he's been claiming next to no income while pocketing cash forever. I'd also bet he receives some kind of assistance, be it for housing, food, utilities or medical.
So let's get off the "Poor Homer" kick. He's a lifelong jagoff, only he beat the odds and lived a bit longer than most thugs.
I seen where one gang member started shooting at another and the gang member he was shooting at pulled out a gun and killed the guy who was shooting. They said self defense. No charges were filed. That the problem. Chicago is rocks, paper, scissors.
So in your thinking, and most of you other morons thinking, the guy that shot Del Pearson, 20 or 30 years down the road doesn't get into any more trouble, he should be able to own a firearm again? You guys logic is convoluted. He was a convicted felon, I don't care if he was 120 years old, he's a convicted felon. I bet he didn't have a legit license for his "tavern" either. Most places in Englewood don't. CONVICTED FELON remember that. To the 002nd district guy, the sergeant went to QUELL a disturbance, last I checked a quail was still a bird.
If a convicted felon keeps a gun not simply on his own property but IN his own property and only uses it in self-defense when an outsider forces his way inside then that is allowed by our 2d amendment to our constitution and is OK with me.
Anonymous said...
If he was convicted in the past of WEAPONS CHARGES that were unconstitutional under that asshole communist Daley, that conviction should be thrown out and his rights under the Second Amendment restored.
4/03/2012 03:13:00 AM
I can't see why anyone who was convicted by the old laws couldn't get their convictions overturned. Possession of a weapon, to my understanding, does not translate into "Unlawful use" of that weapon. How exactly was the weapon "Used"? I never understood it as it was written because it didn't actually spell it out and really it couldn't. What was the intent of the possessor? A person could possess a perfectly legal item which is sold legally without any intent to commit a crime whatsoever and still be charged with U.U.W., this never made any sense to me.
It is better to be caught with that heater then without...regardless of the law. Told the wife even with the weapons beef. This would be motioned out.
Restore the 2nd amendment
The states attorneys office said they could not win this case at trial. If that is the case, why was he charged? This guy was in his own home and he defended it. He was not walking on the streets. i really do not think charging him was the idea of police.
He'll have a new one by the end of the week.
Liquor license could be in his wife's name, or it could be a corporate license. And as for getting another gun, he should also get a few baseball bats. No license required, and looks to me like he still has a swing.
Don't expect them to drop charges for an 80 year old WHITE man, felon or not.....
Years ago civilians caught carrying a concealed weapon were charged with misdemeanor UUW, then they made it a felony for any civilian caught carrying a gun even if they had an FOID, should be back to a misdemeanor for those with FOIDs and felony for those with no FOID,s since Illinois has no concealed carry provision.
Don't forget Boys and Girls that laws are made by the Legislature, tried by lawyers, and adjudicated by judges. Most legistlators and judges are lawyers.
Wise man say that judges are law students who grade their own papers.
No way we can win in this political system. They take care of theirselves and their friends.
I'm not exactly sure how it works, but given Wright's age and his lack of arrests for the past 17 years, couldn't he have gotten his record expunged?
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IL has very limited expungement opportunities. I don't think any of these would qualify. There is a procedure in the FOID card act for regaining one's firearms right though.
Who approved the Felony charge?
ASA/Felony Review or was it an Override.
This business of every felony sentence being in effect a life sentence is pretty recent; it has come to the point where even the President can't help you on a state conviction.
The only route is a pardon by the governor of the state in which the conviction occurred; a person can't simply move to another state that allows its own residents ownership of weapons again after, say, five years.
"Making a fresh start" is a thing of the past. Our citizenry gleams in its utter perfection, and is therefore justified in forever casting out even those whose only offense in a lifetime might lie in a paperwork omission. Right?
This goes on while irredeemable wild-ass born murderers are released to kill again -- like the one we just had who did three in an argument over a lousy jacket. One body had 33 bullet wounds...
Of course, the famous Lautenberg Amendment makes felonies out of misdemeanors in domestic cases, with concomitant loss of gun rights; this is why, insofar as possible, cases of domestic violence involving police officers are handled as quietly as possible, through parallel, extralegal channels.
I understand that some places even have a charge of "felony disorderly conduct."
Some kids in the suburbs lobbed a watermelon at one of those police "This Is Your Speed" radar trailers. Felony!
The medieval term "felon" means simply "anyone convicted of a crime technically punishable by a term of 365 days or more." It's an awfully broad swamp these days.
As the old saying goes, be careful what you ask for -- you just might get it.
He is a convicted felon and because of that he forfeited his right to ever have a gun legally for the rest of his life.
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First off, no, he didn't. It's entirely possible his 'record' qualified for expungement.
Secondly, fundamental rights are just that. They either are, or they aren't. You cannot argue that gun ownership is a fundamental right on the basis of it being necessary to effective self defense, but then turn around and argue that a free man 'forfieted' a fundamental right on the basis of something he did.
Fundamental rights cannot be forfeited.
The argument is whether or not limiting them to certain classes of people is morally valid.
Cops deal with shitheads day in and day out. You don't get emergency calls to respond to a past felon out planting sunflowers in his garden, or going in for a job interview. You get calls to respond to some piece of shit- who may have a past record- breaking into someones house. By nature of your job description, you only deal with the pieces of shit, so it's understandable that your view on the 'felon' label is that of a scary boogie man.
Outside that bubble, see the entire picture, things are quite different. There's an enormous group of people who, like you and I, aren't perfect, screwed up in their past and have been living for 10, 20, 50 years without any trouble.
And you say they don't deserve to defend themselves? Because of some trite, bumper-sticker ideology about "YOU SHOULD HAVE THOUGHT OF THAT BEFORE YOU..." ?
This is an issue that requires thought and deliberation. Not chanting.
They dropped it because they need him as a witness for his case..... maybe stop twisting EVERYTHING and i am an NRA member....
Any otherwise legal gunowner who carry's because he has a right to defend himself. Save this story in case you get clipped. If it's good enough for the old black man, it's good enough for me.
...because of that he forfeited his right to ever have a gun legally for the rest of his life.
That's total crap. It should depend on the severity of the felony and the time since it's discharge.
If this guy was White, the media would be calling it "Chicago's Trayvon". Instead the media is insinuating the Police were in the wrong in charging this Convicted Felon. If George Zimmerman was Black this wouldn't have even made the news.
Hope he gets another piece really soon, preferably a 44 mag. this time. I have no sympathy for anti gun laws and even less for shit heads who prey upon the old and frail.
Hey Homie, Drinks are on you tonite! doh!
Maybe there needs to be a more serious discussion about just applying the amendment rights we already have and then just leave the fucking Constitution alone will ya? For fucks sake at least wait til the gazillion US troops on foreign soil currently fighting to protect those very freedoms, make it the fuck back home. That is all.
Here's how it works. You make your own rules. You buy a gun. Bad guy breaks in your home, you blast him. That's how it works.
rather get caught with it then without it!
Wow!
Good job, over the past couple weeks, CPD has been covered positively and by the look of some comments, including those Mitchells usual bs article, there has been some positive comments. Even Walter J had a positive. How long until some copper fs it up with some dumb stuff?
Anita Alvarez should be indicted!!! JUSTICE FOR KOSCHMAN!!
no one is going to prosecute this, because it would open up the state to any number of petitions from felons whos' only crime was to be convicted under laws that have since been judged to be unconstitutional. Any idea what that would cost the states attorney office?
4/03/2012 12:07:00 AM
"...maybe there needs to be a serious discussion about restoring Second Amendment Rights to those who have served their time and stayed out of trouble for years..."
Current Illinois law says that a person can petition the state to have their gun rights restored twenty (20) years after a disabling conviction.
Yes, there is a means of restoring your ability to get an FOID.....however, the provision is rarely used and in a recent case the Appellate court remanded a case back to Cook County for failing to properly apply the provisions for reinstatement in the law.....
Here's the remand order...
http://www.state.il.us/court/r23_orders/appellatecourt/2012/1stdistrict/1103549_r23.pdf
here's a link discussing the matter...
http://illinoiscarry.com/forum/index.php?showtopic=29476
We have a way to restore the rights of felons BUT Congress defunded it (yes restoration of rights.) THAT IS THE LAW and Congress crippled that law.
I feel since it was defended the ex-felons are being denied their RIGHTS.
Hell, the 80 year old man needed protect. So F*CK the law. The law is an ass in this case.
CCW passes in Pike County Illinois. I personally would love to see all counties in Illinois pass this legislation leaving Cook standing alone with their finger up their nose.
If Homer wasn't within five feet of his own property, I'd have thrown an encyclopedia at him. Protecting what's yours is your Constitutional right, however, and fuck the laws of Crook County and our great state of confusion.
Anonymous said... Good job, over the past couple weeks, CPD has been covered positively and by the look of some comments, including those Mitchells usual bs article, there has been some positive comments. Even Walter J had a positive. How long until some copper fs it up with some dumb stuff?
4/03/2012 05:42:00 PM
The Crystal Ball unit sez MAY...don't do shit and they can't make an example of you. LET IT BURN!!
Anonymous said... If this guy was White, the media would be calling it "Chicago's Trayvon". Instead the media is insinuating the Police were in the wrong in charging this Convicted Felon. If George Zimmerman was Black this wouldn't have even made the news.
4/03/2012 02:13:00 PM
More like if a sitting President, who by his own words, resembled his unborn son this nonsense would have never been such a media circus. Hats off to you Mr Obama...now please step down.
I hope most of these comments are not written by police because they sound like Jesse J wrote them. Like it or not this guy is a convicted felon. That means he cannot legally have a firearm. Even if his great great grandaddy wrote the second ammendment he can't have a gun because he's a convicted felon. If dude has a problem with that he shoudnt have gotten locked up back in the day and became a convicted felon. Believe it or not most people in society are not felons and they can legally own a firearm.
If I was working in da wood id be waiting for him to get his next pistol and lock his uuw by felon ass up.
If Homer was a Daley relative this would have been classified as self defense...
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4/03/2012 09:08:00 PM
Anonymous said... If I was working in da wood id be waiting for him to get his next pistol and lock his uuw by felon ass up.
You should bid to 007 next chance you get but for now enjoy working in whatever slow north side district your from. In no way is that an insult to the Police that did there time in the ghetto and are now taking it smart and slow just the kids like this poster.
The law is an ass in this case.
+++++++++++++++++++
Nice reference. The rest of the quote:
If the law supposes that, then the law is a ass, a idiot! If that's the eye of the law, then the law is a bachelor. And the worst I wish the law is that his eye may be opened by experience.
Charles Dickens
(OT) teachers going to strike,great idea Just do it,show the bully rahm we have the power not him!
http://www.chicagotribune.com/news/education/ct-met-cps-union-strike-20120404,0,1664941.story
"Felon" in and of itself indicates having been convicted of a crime punishable by more than 365 days incarceration. "Convicted felon" is redundant.
"Ex-felon" doesn't apply here. Unless your record is expunged by miracle, or your conviction is overturned, a felony conviction 50 years ago makes you a felon today. Once convicted of a felony, you will be a felon for life. There is no "former felon," "ex-felon," or anything of the like.
You're welcome.
Anonymous said...
I rarely see anyone brought up on gun charges, or at least convicted by a court and I am talking about the bad guys.
4/03/2012 07:59:00 AM
I,am a convicted felon.One arrest in my whole life a,UUW..I,work every dog shit area in this city and suburbs.I,had the bad luck of serving a summons on a States Atty.sister,her brother 25 years younger threatened to kill me.As he was getting out of his car I,peppered him,drove off and called Glenview P.D.the rest of this story is my lifes nitemare.When I,tried to hire the attorney who is on channel 2 I.M.he refused stating I,was a guy fucked by the system.!He quoted that to me in front of two relatives,both on the job.Now I,am out here 7 days a week with pepper spray and a bat,thanks judge G.H.you totally fucked me up..
I hope most of these comments are not written by police because they sound like Jesse J wrote them. Like it or not this guy is a convicted felon. That means he cannot legally have a firearm. Even if his great great grandaddy wrote the second ammendment he can't have a gun because he's a convicted felon. If dude has a problem with that he shoudnt have gotten locked up back in the day and became a convicted felon. Believe it or not most people in society are not felons and they can legally own a firearm.
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I think the lifetime punishment is fucking ridiculous, and I could be your partner.
"Felony" used to mean something meaningful. Now, its bullshit, associated with all kinds of dumb offenses, yet the stigma remains.
It was meant to stigmatize people who committed heinous crimes. Back in the day, incarcerating someone over a year used to be a big deal. Now, we hand out felonies like they're slaps on the wrist. There are people who get felonies who spend NO time in prison.
The system is broken. Simply writing it off as "YOU SHOULD HAVE THOUGHT OF THAT BEFORE YOU..." is an idiot chant.
It demands we don't examine the fairness of what's happening, simply because it already happened.
Isay benefit for Hambone at Hambone's. I'm in.
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