Tuesday, August 06, 2013

Here's An Interesting Question

A reader e-mails us:
  • A question I can't get a straight answer to...so I figured I'd email you. Does Rahm's 1,000 ft limit no gun zone around schools include the poor guy who happens to live right across from the school? Or anyone else for that matter who lives within 1,000 ft of a school??? How can anyone legally get from their house to their car if they live in the "school safety zone"???

    That ordinance, which also passed unanimously today, creates school safety zones within 1,000 feet of schools. Under the new ordinance, anyone convicted of possessing a gun near schools, on buses or along designed Safe Passage routes could face up to a $5,000 fine and up to six months incarceration, with punishment increasing for repeat offenders.
Taking this to its illogical extreme, we suppose a strict reading of the law would mean that anyone currently living within 1,000 feet of an existing school or Safe Passage route can't even buy a gun to keep in their home.

And does the law apply to closed schools? Rahm just closed 50 school - are those residents now able to defend themselves?

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33 Comments:

Anonymous Anonymous said...

Funny the pedophiles could not live by the schools and all of us would visit them to make sure they lived where they live.

Now the sheriff goes around looking for expired FOID cards and steals guns with out warrants.

Keep thinking you are above the law and the law will land on you.

and never mind are pension ...

8/06/2013 12:40:00 AM  
Anonymous Anonymous said...

I was under the impression that HB 183 provided "Safe "Passage" to the permit holder as far as in the vehicle or traveling on foot through gun free zones to access ones own home.

8/06/2013 12:42:00 AM  
Anonymous Anonymous said...

What a Fuck'n Idiot Rahm is...He just can't grasp the concept that Concealed Carry means just that! Not "on again" "off again"! Maybe we need someone who supports gun ownership in our government to petition the courts to have Rahm Admonished for "Rule to Show Cause" for Not abiding by the Concealed Carry Law just Passed July 9th!

8/06/2013 12:49:00 AM  
Anonymous Anonymous said...

So does that mean I have to give up my gun? Can I collect disability?

8/06/2013 01:51:00 AM  
Blogger James S. said...

State law trumps local ordinances for hand guns IF the owner holds a FOID or CCW. The "school safety zones" ONLY effect illegal gun users.

But, with a what... 25%? 33%? clearance rate I doubt the gang-bangers are too concerned about increased penalties.

This is all smoke and mirrors by the Rahm-father hoping to scare law abiding citizens away from CCW and legal gun ownership by confusing them with asinine laws. Todd Vandermyde covered this on IL Carry recently.

As for the application to long gun owners, I'm not positive, but I'm sure that the supreme court would agree (as they did in 2008) that you cannot ban guns from a home based on where the home is located. A resident next to a school is still a citizen and still has 2A rights.

8/06/2013 02:13:00 AM  
Anonymous Anonymous said...

Why is it every time they pass these "public safety" laws it is in the dead of the night and the vote is always unanimous? Who do these 50 alderman and 1 mayor represent? Why can't any other party other than the democrats represent tax paying citizens in Chicago?

8/06/2013 02:50:00 AM  
Anonymous Anonymous said...

Ha! Oops! Not like there was ever an unconstitutional mcc or law in Chicago or IL. It's only tax money spent to defend this shit.

8/06/2013 04:06:00 AM  
Anonymous Anonymous said...

The new LTC completely preempts localities as far as handguns go. So this law is completely meaningless as far as handguns go.

For long guns, the new law completely preempts localities as far as transportation goes, so as long as you are a FOID card holder and following state law on such things, you can transport a firearm anywhere you want, including through these areas.

8/06/2013 06:04:00 AM  
Anonymous Anonymous said...

I think the ordinance said anyone committing a crime with a gun within the safety zone would face a $5000 dollar fine and six months in jail.Just walking to your car is not a crime in Chicago,at least not yet.

8/06/2013 06:08:00 AM  
Anonymous Anonymous said...

"Taking this to its illogical extreme"

SCC, you hit the nail square on the head. Under Federal and State Firearm Laws (even in IL), LEGAL firearm owners are exempt from Gun Free School Zone Laws, i.e.; residents and those traveling through the 'Gun Free' zones.

Per the U.S. Constitution's Supremacy Clause (Article VI, section 2) and the U.S. Code, no law, state or local, can supersede the Constitution and/or Federal Law. Additionally, per Article I Section 9 Clause 3 of the U.S. Constitution, no ex-post facto (retroactive) Law may be passed.

But like you note the subject is Chicago -- and Cook County persecutors and judges -- so that constitutional and legal stuff gets thrown out the window and the Illogical comes into play as they see fit. And with that, Thousands of Dollars defending yourself if you have the audacity to defy the tyrants for exercising your rights and following the prevailing US & IL Codes.

Ergo, 'legally' you can keep your guns, buy a gun(s), and travel freely as you wish. What one chooses to do is their choice.
(If zero firearms were allowed 'in & through' the Zones, practically speaking there'd be a Universal Gun Ban in the USA)

Note: I've had a BATF Class 03 C&R license since 2001 and I get a CD of all Federal & State Firearms laws from the ATF as they're updated (many-most local laws are included too, including Chi). And all laws are consistent, or have been, on Gun Free School Zones, they are all per the Federal U.S. Code. I know, I HAD to check.

8/06/2013 06:51:00 AM  
Anonymous Anonymous said...

This may be a "Hook" for restricting the issuance of CCW. Let's say your residence is withing 1,000 ft. when you apply, the City would have a list of locations for ALL schools including licensed day care facilities; you happen to reside within 1,000 feet, NO FOR YOU! This could also be used by burbs like the Republics of Oak Park and Evanston, where gun owners are considered evil, unless they are the government.

8/06/2013 07:28:00 AM  
Anonymous Anonymous said...

It's not illegal if its not enforced.

8/06/2013 07:41:00 AM  
Anonymous Anonymous said...

Perhaps the city can set up a storage system for folks that live within a 1000 feet of a school. In some areas of 016 there's probably hundreds of guns within a thousand feet of grade schools.

8/06/2013 08:12:00 AM  
Anonymous Anonymous said...

I would never sign that ANOV. Politely decline and demand to be arrested. And get my law suit ready!

8/06/2013 08:23:00 AM  
Anonymous Anonymous said...

What is the MCC ? I would love to read it

8/06/2013 08:25:00 AM  
Anonymous Anonymous said...

Illegal,violation of 2ndAmen

8/06/2013 08:30:00 AM  
Blogger SpankDaddy said...

I live across the street from the Mario Tricocci School of Hair Design. Does that count?

By the way, excellent SpankDaddy material there.

8/06/2013 08:34:00 AM  
Anonymous Anonymous said...

So when 9.5 went to the grammar school at 58th/Homan, did his overpaid security detail wait 1000ft away? or did they actually have guns inside that school? and all of the kids survived? what a joke this city is and liberals are...how can they stand themselves

8/06/2013 08:38:00 AM  
Anonymous Anonymous said...

I plan on CCW my Mossberg 590a1 to and from school, any ideas on how to do that effectively? Thanks

8/06/2013 08:50:00 AM  
Anonymous Anonymous said...

Now look for McFuckstick to create a " Measurement Team" manned by clouted Individuals who can't add.

8/06/2013 10:18:00 AM  
Anonymous Bizarro Aldo Raine said...

...take a map of Chicago, draw a 2000 foot diameter circle around every type of 'school', private, colleges, technical, swimming, dance, driving, etc.

...then come back here and post on just WHAT Rahmbo has just accomplished for the marxists

8/06/2013 10:20:00 AM  
Anonymous Anonymous said...

The reason liberals hate guns is...they can't fathom someone being able to control their urges enough not to go firing it a la Mcstreetlights. Weak assed.

8/06/2013 10:55:00 AM  
Anonymous Anonymous said...

James is correct. The city can no longer regulate handguns for anyone with a FOID. If someone doesn't have a FOID, they are already committing a state felony. It makes what is already illegal, "illegaler". Another affect I'm sure Rahm intends is to scare good law abiding people from exercising their rights.

8/06/2013 11:20:00 AM  
Anonymous Anonymous said...

Public schools only? What about private schools?

8/06/2013 11:24:00 AM  
Anonymous Anonymous said...

They banned Nuclear Weapons and have Nuke Free Zones so it must be working. Same with drugs.
If its for the kids...it's gotta be good.

8/06/2013 11:26:00 AM  
Anonymous Anonymous said...

Everyone knows liberals are trying everything they can to discourage people from protecting them selves just vote out all dems asap.

8/06/2013 02:27:00 PM  
Anonymous Anonymous said...

doesn't city of Chicago have laws against littering
again laws are not enforced , drive through Englewood , look at the alleys
another reason to reduce alderman from 50 to 13
save us some money , we don't need any more laws , enforce the laws on the books
how's that new 8:30 pm curfew working out in the ghetto
bet no enforcement
a bunch of bs to justify !75,000 aldercreature jobs

8/06/2013 03:03:00 PM  
Anonymous Anonymous said...

I'm a genuine district station supervisor and I will refuse to approve initial probable cause! Put that in your fucking pipe and smoke it!

8/06/2013 09:42:00 PM  
Anonymous Anonymous said...

Yea right, like that's going to be enforced.

8/06/2013 10:44:00 PM  
Anonymous Anonymous said...

The Gun Free School Zones Act of 1990 is a Federal law.....1000 feet is the Federal distance....
Rahm just copied it and made it a municipal ordinance so HE can collect the fines instead of the Gov.

8/06/2013 11:35:00 PM  
Anonymous Anonymous said...

Rahm walks around with a squad of policemen protecting his pussy ass! Fuck these piece of shit politicians in Chicago. Arm up good citizens. Things are looking bad for the good people on this earth.

8/06/2013 11:57:00 PM  
Anonymous Anonymous said...

I've haven't charged someone in possession of an illegal firearm with MCC ordinance violations in years--clearly the ordinances are convoluted and the state statutes are the only ones prosecuted anyway. Why would any capable officer start enforcing these similarly inane new ordinances?

8/07/2013 04:05:00 AM  
Anonymous Anonymous said...

Rahm is about to get elected out of office so who cares what he wants? Unless he has a "HAIL Mary" pass somewhere, HE IS OUT.

8/07/2013 07:22:00 PM  

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