Posted on 11/01/2004 5:23:42 AM PST by Michael Goldsberry
(CNSNews.com) - A Cook County Judge on Friday ruled against a Wilmette man who was arrested after shooting and wounding a home invader in late 2003.
The homeowner, Hale DeMar, was arrested on charges of violating Wilmette's ban on handgun ownership, prompting a backlash against local ordinances that prevent individuals from possessing guns to defend their own homes. DeMar was fined $750 for possessing two handguns.
DeMar went to court, arguing that the charges against him should be dismissed because they violated his 14th Amendment (equal protection) rights.
But on Friday, Judge Thaddeus Machnik rejected DeMar's effort to have the Wilmette ordinance declared unconstitutional.
"In penning his decision in the DeMar case, Judge Machnik demonstrated that the courts continue to cling to their cockeyed interpretation of the 2nd Amendment," said ISRA Richard Pearson, executive director of the Illinois State Rifle Association. "This is pretty much what we expected out of Judge Machnik."
Pearson said the ISRA will now redouble its efforts to pass firearm preemption legislation -- "so that municipalities are no longer free to bully citizens who wish only to protect their homes and families from predatory criminals."
Following DeMar's arrest last year, the Illinois General Assembly passed a homeowner protection bill, which Illinois Gov. Rod Blagojevich, a staunch supporter of gun control, later vetoed.
The bill is now awaiting an override vote, which will happen when the General Assembly convenes its veto session this November.
The man who broke into DeMar's home -- twice -- pleaded guilty to burglary and is now serving a seven-year prison term, press reports said.
We need to start arresting these judges and legislators for aiding and abetting criminal acts, which they are clearly doing.
I wonder why this guy went to all the trouble to fight this, but used the 14th Amendment instead of the 2nd.
I'd settle for impeachment of such judges. Unfortunately, too many of the sheeple have been conditioned with the "guns are eee-vil" mantra.
Sure. Towns can ban guns. It's not like there's anything at the federal level that would prevent such a ban ...
And who's going to arrest them? The Police Chiefs who agree with them?
Another anti America of our founders activist judge....Judge 'Moxnix'
These judges are destroying our nation...
And why a Bush presidency 'at this juncture' is so critical....
Because he probably knew this awful judge holds the Democrat/Kerry position that the Second Amendment protects a collective right, not an individual one.
Its another reason why judicial appointments are so important. Someday there is going to have to be a definitive Sup Court case about the meaning of the Second Amendment. If there are 5 Scalia's and Thomases, then the Original Intent will prevail. If there are 5 Souters, Ginsburgs, or O'Connors then the Collectivist garbage will prevail, thus rendering the Second Amendment meaningless.
Of course the Sup Court shouldn't have this power. The intent of the Second Amendment is clear, and it should not be subject to the whims of the Sup Court who were never meant to have this much power.
Horror story, a Clinton on the supreme court.
There has to be more to this story. There is? Right?
NY,NY
It says Cook County so I imagine it's in Illinois!
His pistol was not registered. He did not have a pistol permit. NY, NY
Ooops wrong case, It happened in NY also a while back.
Wilmette, IL in Cook County, IL.
Please add Banglist to keywords when posting Gun-related articles..
Mr. Pearson, of the Illinois State Rifle Association complains about the Judge's interpretation of the 2nd amendment..
Sorry, Mr. Pearson.. wrong amendment.. That's the one under which Mr. DeMar should have challenged, not the one he referenced..
There's a lot wrong here, but the worst is not challenging on the proper grounds.. 2nd amendment grounds..
The argument should have been about "infringement".. nothing else..
"DeMar went to court, arguing that the charges against him should be dismissed because they violated his 14th Amendment"
This case proves what I have contended for many years. Law students and subsequently, practicing attorney's, have never been taught and have no idea how to argue constitutional law and jurisdiction.
The Cook County judge ruled correctly.
DeMar would first have to establish federal constitutional jurisdiction within the boundaries of sovereign state in order to exert a federal constitutional right.
Second, the proper right has to be exerted. The right to keep and bear arms is a 2nd amendment right.
Third, the Illinois Constitution states:
"SECTION 22. RIGHT TO ARMS Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."
The bottomline is, in the State of Illinois, the citizens have no state protected, constitutional right to keep and bear arms because that right is always subject to the state (which equals municipal) police power.
DeMar's attorney should have used the 14th amendment as the constitutional basis for the federal 2nd amendment to have jurisdiction within the boundaries of a sovereign state.
Then argue that a citizen of state of Illinois is also citizen of the U.S. and is entitled to all of the "privileges and immunities" protected by the federal constitution.
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