Posted on 05/26/2004 11:50:38 PM PDT by concentric circles
SPRINGFIELD -- Ignoring a veto threat, Illinois lawmakers voted Tuesday to offer greater legal protections for homeowners who shoot intruders despite local ordinances barring handguns.
The legislation was a response to the case of Hale DeMar, a Wilmette restaurant owner who shot a burglar who had broken into his home twice. Prosecutors declined to press charges for the shooting, but Wilmette officials charged DeMar with breaking the city's ban on handguns.
Under the bill now headed to the governor, someone who shoots an intruder on his or her property couldn't be convicted of violating a local gun ban. The bill would not prevent state charges if prosecutors believed the shooter committed a crime.
Gov. Rod Blagojevich promised to veto the measure if lawmakers approved it, but the House and Senate passed it by large enough majorities to override a veto. Tuesday's Senate vote was 41-16.
Blagojevich still intends to veto the bill, said spokeswoman Rebecca Rausch.
Todd Vandermyde, a lobbyist for the National Rifle Association, said the Democratic governor will have a hard time explaining that veto to voters.
"He'll have to make his case for why it ought to be open season on homeowners," Vandermyde said.
Officials from Wilmette and other city governments complained the measure would take away their right to create and enforce local restrictions.
Sen. Jeffrey Schoenberg, D-Evanston, argued that the system doesn't need to be fixed and that it worked in DeMar's case-- DeMar was not prosecuted for shooting someone who threatened his family.
"Why do you feel the need to fix it unless you're looking to set a precedent that will weaken the ability of local communities to have their own tougher gun laws?" Schoenberg asked.
And Governor Rod Blagojevich thinks homeowners should be prosecuted for defending themselves from thugs. I'd love to see him have to explain his veto of a common-sense fix to the law to the voters.
This doesn't prevent localities from enacting or enforcing tougher gun laws, it just forces them to find a legitimate way to catch those in violation.
Bang!
Because those "tougher gun laws" infringe the RKBA?
Prosecutors declined to press charges for the shooting, but Wilmette officials charged DeMar with breaking the city's ban on handguns.
Typical Dim-Speak - he wasn't prosecuted for defending himself and his family, he was prosecuted for having the ability to defend himself and his family.
As anyone can see, there is a HUGE DIFFERENCE in the two.../sarcasm
I am glad that this law passed, because after it is struck down by a federal or state court, Illinoisians can finally decide if they want the federal court's interpetation of the 2nd amendment vis a vis Art. I, Sec. 22 of the Illinois Constitution to be the controlling legal authority on this matter.
I hate to have to admit this to you guys, but the second amendment in Illinois is in really bad shape. This has come about has a result of the Quilici versus Morton Grove 7th federal circuit District court of appeals in 1980 or so. That court took the most expansive interpretation possible of the phrase "police power" in Article I, Section 22 of the Illinois Constitution and said that the right to keep and bear arms essentially is what any particular unit of government says it is under the home rule provisions of the Illinois Constitution.
Until we get the Illinois Constitution amended, this case will continue to be cited to support any tyrannical gun-control law that any fiefdom such as Morton Grove, Wilmette, or Chicago chooses to enact.
Read it and weep. http://www.guncite.com/court/fed/695f2d261.html
I'm afraid you are right. That's a real tough nut to crack.
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