Aggravated UUW Unconstitutional?
Looks like it might be - and by a Cook County judge no less. From our friend Todd Vandermyde and the people over at IllinoisCarry.com:
- there is a new case I received in the mail today so some of the legal types might want to pul it up and post it here.
People v. Donta Mosley
decided 3/15/13
cook county criminal division
12-CR-5646-01
Judge Michael Brown
20 year old on a AG UUW. Judge says sentencing guide lines require mandatory 1 year, because minor with gun, NO FOID.
But finds that 18, 19 & 20 years olds can't sign for their own FOID and creates due process violation and declares 720 ILCS 5/24-1.6 6(d)(2) unconstitutional.
thy also find the disproportionate penalties and again declares the AGG UUW unconstitutional
WOW
then goes onto say unconstitutional on its face AND as applied
he gets a Class A at the end of it.
The discussion gets rather involved throughout the message board, but a number of people with more info than we have say this has major ramifications for any number of bills currently up for discussion, including Concealed Carry - ramifications that will hinder the gun-grabbers.
Check back with IllinoisCarry.com and the ISRA website for updates as the legislature stumbles through their dog-and-pony show.
And look for a bulletin from Legal Affairs about this - they'll have to address it in short order.
Check back with IllinoisCarry.com and the ISRA website for updates as the legislature stumbles through their dog-and-pony show.
And look for a bulletin from Legal Affairs about this - they'll have to address it in short order.
Labels: gun issues, info for the police
posted by SCC at 12:05 AM
101 Comments:
Well the jails are full and the Cook County board want's you to stop busting people because the $143/day to hold an inmate is busting out their budget, right?
So should it be any surprise that they have found a new way to interperete the laws? Or maybe just finnally decide to actually read them.
Any law declared unconstitutional by any state judge is automatically appealed to IL Supreme Court.
Guaranteed 10 grand from each copper involved in the arrest.
All you gun hunters out there better listen up. Second amendment violations will be civilly punished more extremely than fourth amendment violations.
Every Donta Agg UUW will get $50k from the city and $10k from each officer listed on the arrest report.
If the Corp Council asks you to settle with a few grand of your own cash, it is best to take the deal and learn your lesson.
Now THAT is a VERY interesting wrinkle.
We wonder how the usual murder of swifty lawyers are going to use this to cause much grief and headache for The Policeman trying to do his job?
What say you, Corporation Counsel?
What say you, Cook County State's Attorney Office?
What say you, Office of Legal Affairs?
Can the entirety of the UUW portion of ILCS stand up to scrutiny after this ruling?
If a piece of a puzzle is missing, the integrity of the whole thing is compromised.
This could get very interesting indeed...
It's collapsing right now!
America cannot sustain what is happening. All the kids on the west and south sides are laughing at social liberals and Libertarians for protecting them as they kill themselves.
Judge Brown is actually a fair Judge and rules right down the middle. Have had numerous cases in front of him and he is right thinking. And when he finds someone guilty he actually sentences them to real time...
Will Lisa Madigan be taking "the court's opinion is merely advisory" position again?
Will Anita Alvarez continue to prosecute these cases, only to have them overturned and waste more of our tax dollars?
Will Pat Quinn be taunting Lisa Madigan to "take it to the Supreme Court" again?
Wasn't this the same reason we couldn't charge anyone with "failure to register" their firearms (prior to Chicago being returned to US Constitutional control)? Because an "offender" was unable to legally register his firearm, there was no way you could charge him with violating that ordinance.
It's not their money. Hang on to your wallets, folks!
I remember Judge Brown when he first made judge in traffic. He knows the law and had no problem tossing cases out that deserved to be.
Concept of "UUW" has always struck me as nuts anyway -- "possession" becomes "use" because the law defines it so...
Wasn't a Chicago failure-to-register gun case struck down due to "self-incrimination," can't expect an ineligible person to attempt to file a registration?
Chicago digs "severability," the doctrine that pieces of any screwed-up law remain standing case after case until the whole thing is put down like a sick animal.
The NRA and it's tie to protecting the minorities.
http://www.youtube.com/embed/9RABZq5IoaQ?feature=player_embedded
Judge Michael Brown will be overturned...his Liberal thought process is void of reason.
I am sure that a more learned Court will remand for proper action in accordance with their decision.
Why didn't the judge just tell him to go stand in the corner and not turn around for 10 minutes more of apunishment and alot cheaper.
You get what you vote for. Hah!
It's Cook County. This ruling was not to help law abiding gun owners. This was to rule that since "Children" can't get foids, they can't get charged with a felony.children means all under 21
Thats the way Cook County rolls.
THIS could be THE most disturbing story you will read. If you don't have a gun, get one. If you don't carry, start!
Evil does exist.
Antonio Santiago
One of the boys then reportedly shot West, with one bullet hitting her in the leg and another grazing her ear, before walking around to the stroller and shooting 13-month-old Antonio in the face.
Dante Mosely - Cook County Court.
Two completely wastes of time, effort and money.
Civil Rights payout looming.
Enough said about judges going BEYOND the scope of reality.
Auuntee of lil mouse say he be a fool.
Circuit Court decision only. Not binding on other judges or jurisdictions.
Yet still they fight an ignorant battle on concealed carry. The stupidity astounds me. This is a state county and city run by a bunch of court jesters.They just can't accept a legal decision that doesn't fit their bill.They will continue to spend taxpayers money in feeble attempts to stop legal legislation..........MORONS!!
That Judge will be in Traffic Court by the end of the month. The powers don't like rulings like that, even if they are correct
I want to put some of these gun grabbers onto a cta platform or onto a bus late at night without there bodyguards, drivers and associated assistants. They should experience just what the average working man/women who cant afford a car has to experience just trying to make a living. Let them try that for a month or so.Especially those political clowns who run the CTA and who take their marching orders from the mayor and his liberal gun grabbers.
If you're under 21, and meet eligibility requirements, you can obtain a FOID card with the consent of a parent or legal guardian.
OT: this one lays right at the feet of Toni Preckwinkle, remember her moaning to let non-violent offenders with brown skin out on bail because the population of cook county jail doesn't reflect the population? So she wanted more low bonds for non-violent crimes. Now we as police officers know the falacy in this and so do the judges etc.
This in today's Tribune:
By Liam Ford
Tribune reporter
10:35 a.m. CDT, March 24, 2013
A fourth man has been charged in the October slaying of a 74-year-old man shot around the corner from his South Shore home, police said.
Malcolm X Terry, 22, has been charged with first-degree murder in the slaying of William Thomas, shot Oct. 12 in the 6800 block of South East End Avenue while sitting outside on a concrete stoop of a building near his South Shore home. He was not the intended target, police said.
At the time of the slaying, Terry was out on bail on a burglary charge from a June 17, 2009, break-in in the 6700 block of South Blackstone Avenue — about a block from where Terry lived until earlier this year and just a few blocks from where Thomas was killed.
---
Out on bond, most likely an I-bond, on a non-violent crime and Malcolm X Terry commits murder. Thank God for Precnkwinkels anti-racist policies for cook county jail. Another Malcolm X going to prison.
This one is on you Toni. It is now Mayor Murder and Madame President Murder.
Speaking of the Constitution, check this out: http://www.thegatewaypundit.com/2013/03/retired-army-officer-dhs-must-surrender-their-war-weapons-to-dept-of-defense/
Sometimes police need to take responsibility. The old "we don't make the laws, we just enforce them" schtick isn't going to cut it once 1983 violations start stacking up and arresting officers are on the hook for huge cash damages.
Stop enforcing bad gun laws or get ready to lose your homes.
Sounds like a step in the right direction. June 1 we will all be able to carry guns. I carry one now and have a FOID if I get arrested I will win in court. I live in MG and have been stopped and told the officers I had a gun and explained why. They said we can't blame you and I went on my way.
And what about all those brainless watch commanders who used to insist you charge a convicted felon you caught with a gun with fail to register and No foid? Ok, sure thing, I'm going to charge someone for having no foid card, one that he can not legally obtain or possess in the first place. Let me just reach into my pocket and hand over my check.
Just have seiser rewrite the statute. They would have no choice but to find it constitutional.
gosh darn todd vandermyde and ilcarry along with ISRA always throwing the Constitution in our way we just want to take away your right to defend yourself don't you trust Mc535? he can protect you.
now we have a pesky court battle which we always seem to lose to alan gura and company.ever since people found out about the bill of rights it's us nothing but headaches and courts costshow we suppose to run your right into the ground if you keep fighting us on them we give free food stamps and housing and obama phones next you will be wanting a right to think for yourselves
Get rid of the useless FOID card... we are the only state that has one. Useless layer of crap o la.
The circuit court is the first court of jurisdiction and has the least power. This decision will only affect that judges court and no other. However that doesn’t mean he is wrong and other judges might follow his example because he is right, not because they have to.
The problem here isn’t the judge (but I confess that is remarkable). It is a poorly written law enacted by corrupt idiots in the General Assembly.
I don't see how there is any civil liability for any cops in this. It only affected the sentencing and the actual crime he was convicted of.
The logic of the judge seems on the face of it pretty reasonable.
Not a cop.
since a federal court recently made the decision that the UUW law is not constitutional, it is not real surprising that a state court would abide by that decision. It is not like he has a lot of choice in the matter.
My guess is a fair number of UUWs go away until the constitutionality of the UUW act gets cleared up.
I suspect the judge was trying to get around the actual ruling of the federal circuit court of appeals in hopes that some kind of charge sticks. I suspect an appeal causes the entire charge to go away.
The judge is not finding it unconstitutional on 2nd Amendment grounds. The grounds are that misdemeanor UUW and Aggravated UUW have the same elements and therefore AgUUW violates proportionality.
http://www.youtube.com/watch?v=fYL0yN110go
This is true! good share!
LOL... This post made me laugh...
Guaranteed 10 grand from each copper involved in the arrest.
All you gun hunters out there better listen up. Second amendment violations will be civilly punished more extremely than fourth amendment violations.
Every Donta Agg UUW will get $50k from the city and $10k from each officer listed on the arrest report.
If the Corp Council asks you to settle with a few grand of your own cash, it is best to take the deal and learn your lesson.
***************
Are you kidding me? Officers, don't take advise from some clueless moron that is suggesting you settle on punitive damages for anything.
Does the Agg UUW get tossed or not- time will tell. i love the "any officers on the arrest report.." Will pay...
hey buddy, please shut the fuck up. your post makes everyone reading the blog think the police are border line retarded.
O.T. just looked at transfer order is the first district a training district. Wow how lucky is the only recruit to get that spot !!!
Hey young officers on the job. Those kids with less than 12 or 13 yrs on. I am retired CPD who worked in a shithole for over 31 yrs and used to get blue in the face because ASA-Felony Review would not approve FELONY CHARGES. Used to get pissed at Dicks too. Then I grew up on the job. Talkin at the bar after a tour does NO GOOD and NOBODY cares about your big arrest youngin! Cause you can't check off with a Part 1? You will realize someday. And the Judge was ABSOLUTELY correct in his ruling about the law. Ain't no lawyer but neither is your dumb ass. Few months in CPD Academy makes you qualified to do only a few things. Some of the officers testifying in Ct on MAJOR SHIT-including an old partner who is a Dick in Area 1 or whatever they call it now-had NO IDEA how to testify. Works case mgmnt. Good place for the idiot. Lighten up guys. The law has to be changed. Bottom line.
Slightly O/T:
Rahm must be feeling a little "chafed" from the back-blast he got for announcing the school closings while safely sequestered "out of town" to avoid answering hard, pointy questions...
What we see?
The scum-times hid the article regarding the school closure list behind the Flaming Tutu ordered "sit down & shut up" pay wall.
They also did the same for the article regarding the $58 million "your account is delinquent" arbitrator's ruling in the Daley Inc. parking lease fiasco.
Journalistic integrity?
Journalistic whoredom?
They one up even the most notorious of the old Fifth & Kilpatrick hoes regarding their pantyless, up the ass while doing a back-bend ethics. Or lack of...
Do you people at 350 N. Orleans suck dick in your sleep too?
A little j-school refresher for you resolute hacks to further develop your suckling reflex on...
Excerpt:
Preamble - Code of Ethics. Society of Professional Journalists.
"...Public enlightenment is the forerunner of JUSTICE and the foundation of DEMOCRACY. The DUTY of the journalist is to further those ends by seeking (and REVEALING) truth and providing a fair and comprehensive (free of political SPIN and MISDIRECTION of the public) account of events and issues." (Not hiding those behind a phony, politically motivated pay wall of censorship.)
"Conscientious journalists from ALL MEDIA and specialties (SHOULD) strive to serve the public with THOROUGHNESS AND HONESTY."
(Not with the agenda driven slant manifested on one hand. Nor the painfully apparent, conspiratorial duplicity by omission AND commission to shield and protect certain political and corporate powers from the hot and angry glare of public scrutiny and criticism on the other hand.)
"Professional integrity IS the cornerstone of a journalist's CREDIBILITY."
Really? According to whom?
Heh... Whores in the pulpit are preaching the funeral song over the open casket and skeletal remains of Integrity...
She once was beautiful.
Now she stares sightlessly at no one and everyone.
Those in the pulpit point the convenient crooked and accusatory finger at the wearers of The Sillitoe Tartan for Integrity's demise.
Who actually IS the enemy in all of this?
The people's eyes follow the direction of the crooked and accusatory finger pointing from the pulpit.
Naturally... We expect no less.
Isn't paying for a FOID card the same as a poll tax?
"All the kids on the west and south sides are laughing at social liberals and Libertarians for protecting them as they kill themselves."
3/24/2013 12:46:00 AM
You a foo.
Come on. The worst ones couldn't even get that out. They will either knock you down or grab something from you or laugh at you. That is the top of their game.
You are OBJECTIFIED. You are nothing more than a lamp post to play a game of "keep away" around, and they cannot name either you or the lamp post, or comprehend any difference.
Quit ascribing mental capacity here, reasoning, motives.
Eyes are connected directly to hands. There is no brain.
Proceed on that basis each day and you will get through.
Cousin of mine out in Lee County said prosecutors there haven't been going for felony upgrades of UUW on FOID card holders since the courts ordered IL to come up with a concealed carry law. Not sure what they've been doing for under 21 year olds.
To: ten grand from each copper : Coward or attorney same difference. AggUuw is stil the law until its changed F#ckYou: Signed; A hunter
had interesting conversation with a cook county sheriff deputy today. he claims that there is a whole cell block building at 26th st. unused, but lighted and heated, because there is no one to man it.
Has anyone else heard about the incident in Georgia where two male black teens shot and killed a white 1 year old baby to death during a robbery? Where is the national outrage? Where is the international news coverage like with Trayvon? A BABY is intentionally shot in the head and murdered and not one peep from Obama, Holder, JJ, Sharpton, Rush etc. If the shooter was white and the baby was black there would be 24-7 news coverage and coast to coast riots.
O.T. just looked at transfer order is the first district a training district. Wow how lucky is the only recruit to get that spot !!!
3/24/2013 03:16:00 PM
@@@@@@@@@@@@@@@@
And soon enough she'll go to an inside unit
Her father was killed in the line of duty
But will the ban on lion meat hold water?
When reading into the judgement, the reason it is unconstitutional is that merely being in possesion of a firearm without a FOID can be prosecuted as a misdemeanor, or as a felony. Person A in possesion without a FOID, gets charged as misdemeanor, up to 360 in jail and a $2500 fine. Person B in possesion without a FOID gets charged with AG UUW, 1-3 years in prison. No difference in what the person does to commit the "crime" but two different punishment that can be administered arbitrarily. Unconstitutional.
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
Anonymous said...
O.T. just looked at transfer order is the first district a training district. Wow how lucky is the only recruit to get that spot !!!
3/24/2013 03:16:00 PM
Luck will have nothing to do with it.
Get rid of the useless FOID card... we are the only state that has one. Useless layer of crap o la.
If they do it correctly, it will morph into the CCW permit...but this IS Ill-Annoy...
Circuit Court decision only. Not binding on other judges or jurisdictions.
They don't have these problems in most of the rest of the state. Cook County is "unique."
3/24/2013 04:48:00 PM
"Quit ascribing mental capacity here, reasoning, motives."
The upright walking critter you described is a hard-wired to his brain stem, Hammer-Headed m/fer...
That hunk of wrinkled fat that may reside between their ears and behind their eyes is on bypass like Mt. Cyanide Hospital on a hot summer night.
No art. No science. No wholly recognizeable culture can be ascribed to said critter in question.
Breath.
Eat.
Sleep.
Shit.
Piss.
Fuck.
Fight.
Flee.
The brain stem is the mother-board on which the sum of @ 3 million years of the above basic functions abscribed to Familia Hominidae are deeply inscribed.
We refuse to buy into the bullshit that the rest of society should be continuously guilt tripped into not only accepting but SUPPORTING the culture of death, destruction and willful ignorance because "It's only fair."
Heh... The Bible WE READ says NOTHING about willingness to ACCEPT living amongst such.
This so called acceptance is the handiwork of these sulphurous smelling, Trotskyite progressives who don't even bother with the pretense of sheep's clothing anymore.
The way of the progressive is to drag everyone to the bottom to make everyone "equal" instead of people rising or sinking according to the works of their own hands.
Good thing the Almighty held his hand to the door of Noah's Ark...
"NOOOAAAHHH! YOU RACIST! OPEN THE DO'! WE GETTIN' WET!"
We imagine the activists and lawyers standing on the shoulders of the drowning while waving all kinds of writs, orders and official looking "thou shalt nots" as the boat floated away.
And Noah sang: "Float! Float Onnn..."
Some people and folks too, "need a good leaving behind" as one late and sho' nuff West Side Preacher Man told us many years ago when we were a young pup on this job.
Hollywood uber-agent Ari Emanuel sent a fiery legal letter to NBC after he objected to a contentious interview he and his high-powered brothers sat for with Brian Williams for “Rock Center,” sources tell Page Six.
http://patdollard.com/2013/03/rahm-emanuel-brothers-lawyers-threaten-nbc-over-israel-questions/
Hey young officers on the job. Those kids with less than 12 or 13 yrs on. I am retired CPD who worked in a shithole for over 31 yrs and used to get blue in the face because ASA-Felony Review would not approve FELONY CHARGES. Used to get pissed at Dicks too. Then I grew up on the job. Talkin at the bar after a tour does NO GOOD and NOBODY cares about your big arrest youngin! Cause you can't check off with a Part 1? You will realize someday. And the Judge was ABSOLUTELY correct in his ruling about the law. Ain't no lawyer but neither is your dumb ass. Few months in CPD Academy makes you qualified to do only a few things. Some of the officers testifying in Ct on MAJOR SHIT-including an old partner who is a Dick in Area 1 or whatever they call it now-had NO IDEA how to testify. Works case mgmnt. Good place for the idiot. Lighten up guys. The law has to be changed. Bottom line.
_____________________________________________
Boy, you sound like you were a real gem of a partner. Good riddance.
Hey young officers on the job. Those kids with less than 12 or 13 yrs on. 3/24/2013 03:22:00 PM
Come on, uuw has only been a felony since 1995 or so,
I looked at the transfer order too, and noticed people keep jumping out of 019, one female had a SS day off group riding a bicycle on days. WTF? Is 019 that bad?
Remember the incident involving the Chicago fire captain attacking P.O. Smith from marine unit? Well P.O. Smith is now on disability due to injuries from that incident. Multiple back surgeries. Oh and the fire captain was never criminally charged. Go figure-another hero!
Why do we have to register our guns with CPD if retired and not living in the fucking city. Such bullshit!!
To: ten grand from each copper : Coward or attorney same difference. AggUuw is stil the law until its changed F#ckYou: Signed; A hunter
3/24/2013 05:53:00 PM
this is you:
"A hunting we will go, a hunting we will go,
Heigh ho, the dairy-o, a hunting we will go
A hunting we will go, a hunting we will go
We'll catch a fox and put him in a box
And then we'll let him go.
A hunting we will go, a hunting we will go
Heigh ho, the dairy-o, a hunting we will go
A hunting we will go, a hunting we will go
We'll catch a fish and put him on a dish
And then we'll let him go.
A hunting we will go, a hunting we will go
Heigh ho, the dairy-o, a hunting we will go
A hunting we will go, a hunting we will go
We'll catch a bear and cut his hair
And then we'll let him go.
A hunting we will go, a hunting we will go
Heigh ho, the dairy-o, a hunting we will go
A hunting we will go, a hunting we will go
We'll catch a pig and dance a little jig
And then we'll let him go
A hunting we will go, a hunting we will go
Heigh ho, the dairy-o, a hunting we will go
A hunting we will go, a hunting we will go
We'll catch a giraffe and make him laugh
And then we'll let him go."
Chalkie
next you will be wanting a right to think for yourselves
3/24/2013 12:10:00 PM
now this would really put a crimp in my game.
Chalkie
Anonymous said...
I remember Judge Brown when he first made judge in traffic. He knows the law and had no problem tossing cases out that deserved to be.
3/24/2013 01:51:00 AM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Ok, Judge...... now get to sleep, you have work in the morning.
Anonymous said...
had interesting conversation with a cook county sheriff deputy today. he claims that there is a whole cell block building at 26th st. unused, but lighted and heated, because there is no one to man it.
3/24/2013 06:15:00 PM
I guess we were all supposed to forget about them closing down part of the jail when it was 'underpopulated'.
And thus the mindless libs continue to destroy this country... thank u crook county ... if an 18-20 year old can't get a FOID card .... then how did he obtain said firearm??? An illegal street purchase perhaps??? Well wouldn't that make the gun unlawful? Maybe I'm tired of POs getting shot/shot at... follow the money
Has anyone else heard about the incident in Georgia where two male black teens shot and killed a white 1 year old baby to death during a robbery? Where is the national outrage? Where is the international news coverage like with Trayvon? A BABY is intentionally shot in the head and murdered and not one peep from Obama, Holder, JJ, Sharpton, Rush etc. If the shooter was white and the baby was black there would be 24-7 news coverage and coast to coast riots.
THANK YOU!!!!! I was starting to think I was the only one wondering the same thing. The incident itself makes me sick to my stomach and the fact it's swept under the media's rug makes me equally as sick. Someone tell me where is the protest at so I can be there.
Why do we have to register our guns with CPD if retired and not living in the fucking city. Such bullshit!!
You don't have to.
You fill out the "Disposition Form", tell them you moved out of the city and it's done.
If you're IROCC permit is current, you can still carry when you come into the city, but you have no obligation to register your gun(s) in Chicago.
I looked at the transfer order too, and noticed people keep jumping out of 019, one female had a SS day off group riding a bicycle on days. WTF? Is 019 that bad?
Some @sshole has been bitching on the blog for several months about 019.
Maybe he's convinced his coworkers it's bad.
Please don't get him started whining again!
guns are a right, commie democrats are an abomination.
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
no, it's the same as paying for permission to breath.
thus, fuck you, pay me.
Chalkie
But will the ban on lion meat hold water?
3/24/2013 07:49:00 PM
that depends upon how much beer you drink, in one sitting.
Anonymous said...
I looked at the transfer order too, and noticed people keep jumping out of 019, one female had a SS day off group riding a bicycle on days. WTF? Is 019 that bad?
3/24/2013 10:03:00 PM
She got everything she wanted from the bosses. Days every year doing nothing. Was a house mouse for a long time also. She had the bosses wrapped around her finger. Wonder why she would leave?
Illinois brought this upon themselves
the 2nd Amendment CLEARLY provides not only for citizens to KEEP arms but also to BEAR them
Do you know what "to bear" means? It means to carry. As in concealed-carry, or even open carry
But goddamnit, to carry in some form or fashion
What is with Democrats who think themselves better than the Founding Fathers? They couldn't hold the FFs jockstraps
Anonymous said...Hey young officers on the job. Those kids with less than 12 or 13 yrs on. I am retired CPD who worked in a shithole for over 31 yrs and.......
You must've made one hell of a police officer with your eloquent writing skills and with the love you show for your partner. Truth is, from what I can decipher from your post, you had a shitty work ethic. I doubt you actually "worked" in a shithole as you say so saying you did 31 years doesn't impress anyone. Stay retired.
Anonymous said...
Why do we have to register our guns with CPD if retired and not living in the fucking city. Such bullshit!!
3/24/2013 10:40:00 PM
You don't. Registration is for residents only.
And soon enough she'll go to an inside unit
Her father was killed in the line of duty
3/24/2013 07:47:00 PM
Well, then make her a Deputy!
Anonymous said...
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
Wrong. A driver's license is not a Constitutional Right.
To 08:04 PM. No, its not like paying for a drivers license as you have no constitutional right to drive. You do have a constitutional right to vote, and to own a firearm, and you can not be taxed on your rights.
Driving is considered a privilege from the state.
Anonymous said...
I don't see how there is any civil liability for any cops in this. It only affected the sentencing and the actual crime he was convicted of.
The logic of the judge seems on the face of it pretty reasonable.
Not a cop.
3/24/2013 01:12:00 PM
Thank you for posting this.
Anonymous said...
Sometimes police need to take responsibility. The old "we don't make the laws, we just enforce them" schtick isn't going to cut it once 1983 violations start stacking up and arresting officers are on the hook for huge cash damages.
Stop enforcing bad gun laws or get ready to lose your homes.
3/24/2013 11:35:00 AM
Anita stop posting on our blog. We don't want to share the blame. This is squarely your fault.
Judge Brown's decision is correct and will be affirmed by the Illinois Supreme Court. I also believe the UUW statute is invalid. Moore vs. Madigan - 7th Circuit Court of Appeals.
Haynes v US 1968 says felons do not have to register weapons get permits or licenses.Old case law that protects criminals from 5th amendment infringment.
Im buying stock in companies that supply refrigerated trucks to the morgue.
I never get tired of thanking SCC for being a friend, patriot and supporter of the 2A, the ISRA and the fine folks at IllinoisCarry.com
Anonymous said...
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
I think the first poster is correct. The difference is, gun ownership, like voting, is a right under the constitution. One should not be charged a fee in order to exercise a constitutional right. Otherwise, couldn't you see our Illinois democrats raise the fees to such an exorbitant level that few could afford it( don't want to give them any ideas.)? Driving, on the other hand, is a privilege. Charging a fee for a privilege is OK
Anonymous said...
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
Really? Last time I checked, driving was not a right guaranteed in the Constitution. Do you pay for a First Amendment card to speak freely? Use your head and shake off the conditioning that these communist criminals got you used to.
Anonymous said...
But will the ban on lion meat hold water?
3/24/2013 07:49:00 PM
Only if the ban on shark fin soup holds. This is what Illinois politicians are doing on our time. Banning lion meat and shark fins instead of doing the work the people demand like fixing their budget.
Time for a bit of a revolt.
Surprised you did not report on The Cook County Board on Wednesday agreed to pay $646,000 to cover the legal tab incurred by the American Civil Liberties Union in fighting a state law banning people from audio-recording police on the job, a ban defended all the way to the nation's top court by State's Attorney Anita Alvarez.
http://articles.chicagotribune.com/2013-03-20/news/ct-met-cook-county-aclu-settlement-0321-20130321_1_record-police-legal-bill-legitimate-privacy-interests
Illinois not interested in the constitution.
Anonymous said...
Why do we have to register our guns with CPD if retired and not living in the fucking city. Such bullshit!!
You don't have to.
You fill out the "Disposition Form", tell them you moved out of the city and it's done.
If you're IROCC permit is current, you can still carry when you come into the city, but you have no obligation to register your gun(s) in Chicago.
3/25/2013 12:48:00 AM
Once you leave this shithole you are no longer required to do anything but leave. They can shove the "Disposition Form" where the sun don't shine. You are no longer required to obey Chicago Municipal Ordinances.
"...Wonder why she would leave?..."
maybe for same reasons anyone does?...change of scenery, greener pastures, suspicious spouse, jealous lover, chance to work somewhere else- or with other people.....its a shame the dpt doent post more openings
looked at the transfer order too, and noticed people keep jumping out of 019, one female had a SS day off group riding a bicycle on days. WTF? Is 019 that bad?
3/24/2013 10:03:00 PM
She got everything she wanted from the bosses. Days every year doing nothing. Was a house mouse for a long time also. She had the bosses wrapped around her finger. Wonder why she would leave?
You can bet she got a better offer someplace else Thats all , happens all the time
O.T. just looked at transfer order is the first district a training district. Wow how lucky is the only recruit to get that spot !!!
3/24/2013 03:16:00 PM
Luck will have nothing to do with it.
You said a mouthful and the recruit will never leave there, while guys with plenty of time on will be stuck in SS and westside districts
Constitutional?
That's a meaningless piece of paper.
Thought that public pensions were protected by the constitution and to borrow the "it's just another tool" from McTool just look how those much herald lawmakers are using the COLA to take away your earned wealth.
NO SUGARY COLA's FOR YOU.
We the political leaders are going to skim off a percentage point or two each year from your retirement until you're living in poverty.
To ensure that happens we will also continue the protected monopoly of healthcare. Eff the free markets and if a drug can be made off shore and re-imported into this country at one-tenth the cost we are going to block that drug thereby making the US fund the pharma's entire R&D efforts.
But I digress.
Our future is being robbed like Greece, like Cyprus. The transfer of wealth is not to the unemployed and people on welfare. That money is small potato's. The transfer of money is to bail out the bankers for their gambling losses.
Inflation is just getting rollin from all the US money printing. The BLS has it as 2.3% as measured by the CPI and we know it's much higher than that.
http://www.bls.gov/eag/eag.il_chicago_md.htm
Not to fear though. The Gov. is gonna write a law that say's: no really, this time we mean it. We have to fund the pensions from now on or else we are breaking the laws.. HA.HA.HA.HA...
Anonymous Anonymous said...
Anonymous said...
I looked at the transfer order too, and noticed people keep jumping out of 019, one female had a SS day off group riding a bicycle on days. WTF? Is 019 that bad?
3/24/2013 10:03:00 PM
She got everything she wanted from the bosses. Days every year doing nothing. Was a house mouse for a long time also. She had the bosses wrapped around her finger. Wonder why she would leave?
3/25/2013 01:22:00 AM
I heard she trans out due to a pending change in the bosses. Big changes coming to 44th and 43rd wards that will affect how 019 gets to run itself.
Look at 44th Ward alderwhore Tunney...in the crosshairs for moronic statements and Rahm turned the media loose on the Ann Sathers wannabe political hack.
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
I thought "right" and "privilege" were two different words.
Has anyone else heard about the incident in Georgia where two male black teens shot and killed a white 1 year old baby to death during a robbery? Where is the national outrage? Where is the international news coverage like with Trayvon? A BABY is intentionally shot in the head and murdered and not one peep from Obama, Holder, JJ, Sharpton, Rush etc. If the shooter was white and the baby was black there would be 24-7 news coverage and coast to coast riots.
THANK YOU!!!!! I was starting to think I was the only one wondering the same thing. The incident itself makes me sick to my stomach and the fact it's swept under the media's rug makes me equally as sick. Someone tell me where is the protest at so I can be there.
3/25/2013 12:13:00 AM
Before you get all outraged, remember that there may be a lot more to this story. The mom had a teen who was killed awhile back. She may be knee deep in something herself, or she might just be a magnet. Doesn't sound like we have the whole story, though.
Wasn't this the same reason we couldn't charge anyone with "failure to register" their firearms (prior to Chicago being returned to US Constitutional control)? Because an "offender" was unable to legally register his firearm, there was no way you could charge him with violating that ordinance.
It's not their money. Hang on to your wallets, folks!
3/24/2013 01:50:00 AM
Haynes v US 1968
Felons do not have to register firearms because its a 5th Amendment violation to self-incrimination.
Anonymous said...
Anonymous said...
Isn't paying for a FOID card the same as a poll tax?
3/24/2013 04:21:00 PM
No. It is the same as paying for a drivers license.
3/24/2013 08:04:00 PM
Driving is a privelage.
Owning and carrying a weapon is a RIGHT.
All of a sudden coppers are against making a gun pinch. If true then Chicago should see a dramatic drop in gun arrests. We'll see.
Texas caught the felons that kidnapped a senior that lived in Frankfort Square. They won't give them back. They want to take care of them because Texas is serious about prosecuting felons with guns. Thank god for Texas.
On the murdered baby....the shooter's mother and aunt were arrested for making false statements to the police. When given a second chance they gave up the location of a pond where a gun was located....
Remember...you can't execute anyone under 18...
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