Gun buff wins round; cop fears 'Old West'

Chicago Tribune ^ | 7/20/07 | Jeff Long

[OSHA]

I’m not registering to read...

[SoldierMedic]

The link says you must be a member to read the article. Could you post a little more of the article?

[gondramB]

>>Kranish, 21, picked up some tea for his mother, ate pizza at the food court, then noticed two security guards warily following him. Taken into custody, he was charged with aggravated unlawful use of a weapon, a felony.<<

That sounds like a weird charge even for left wingers - “aggrevated?” - it stayed in the holster.

“use?” - again, he didn’t use it.

Now a business like a mall likely is legally entitled to have a rule about carrying guns (depending on the state) but these charges sound more like a political statement.

[SoldierMedic]

Log on with : Bumblebeeman@yahoo.com password: freerepublic

[Recon Dad]

he strapped on his unloaded semiautomatic 9 mm pistol

Is there a conceal carry law in Illinois? I didn’t think so. Besides concealed means not concealed.

[kiriath_jearim]

“Earlier this week, a Winnebago County judge dismissed the charge in a ruling that gun advocates hailed as a victory for 2nd Amendment rights in Illinois. Advocates for gun control say the ruling spotlights the need for the legislature to close a legal loophole.

An activist for looser gun control in Illinois, Kranish interprets current state law to mean that he can carry his unloaded weapon in a holster as long as it’s completely covered. The law allows unloaded weapons to be transported in containers but doesn’t mention holsters.

Though there have been cases over the years where gun owners have been arrested for carrying unloaded weapons in fanny packs or other containers, people on both sides of gun control in Illinois say Kranish’s use of a recognizable holster — while walking through a mall — is sure to ignite a new round of debate.

“I don’t carry a gun as a statement,” said the computer technician during an interview in his parents’ basement, where he lives. “I carry a gun for protection. I think of a gun like a seat belt.”

Cherry Valley Police Chief Gary Maitland disagrees with the judge’s ruling.

“This is not the Old West,” he said. “I’m not advocating banning handguns. But I’m not aware of any police officer who would advocate more handguns on the street. When they start taking their weapons out of their home and walking around with them strapped to their hip, bad things can happen.”

Winnebago County Assistant State’s Atty. Erin Haefner said she plans to ask Judge Steven Vecchio to reconsider his ruling. But some say the legislature needs to re-examine the law.”

[WackySam]

Story from another source

[eyedigress]

Rockford Register Star


Kranish, 22, was arrested in May 2006 for carrying the unloaded gun at the mall in what has been described as an enclosed holster, meaning the gun is not exposed. Kranish had the ammunition for the gun in a separate compartment on the holster, which was strapped to his right thigh.

Illinois law stipulates it is illegal to carry or possess a firearm in public, but they can be transported if the weapons are broken down in a nonfunctioning state; are not immediately accessible; or are unloaded and enclosed in a case, firearm-carrying box, shipping box or other container by a person who has been issued a currently valid firearm owner’s identification card.

Kranish’s attorney, who could not be reached for comment Thursday, argued in his motion to dismiss that his client’s holster constituted a case.

“The defense believes that if the case encloses the weapon then it’s not a violation of the law,” said Winnebago County State’s Attorney Paul Logli, whose office prosecuted the weapons charge. “They argued that carrying it on his person qualifies as a case, and he can carry it. We disagree. We don’t believe a fanny pack is an exception to the weapons statute.”

Logli said his office has 30 days to file a notice of appeal.

“We believe we have sufficient grounds for appeal,” he said. “Hopefully the appellate court can make some law on this.”

Gun rights advocates across the state are viewing the case’s dismissal as a major victory, paving the way for fewer gun restrictions for law-abiding gun owners.

“Shaun made huge progress with this case,” said John Birch, the nearly 10-year president of Concealed Carry Inc. “Sometimes we can’t make progress legislatively, but we can in the judicial system.”

Birch, of Oak Brook, said he hopes law enforcement officials take note of the case’s outcome.

“I hope the state’s attorneys and sheriffs of this state will educate everybody and their own people on the proper and legal methods of transporting weapons so they stop prosecuting innocent people,” Birch said.

Kranish, of Rockford, is the founder of the Web-based organization ICarry.org.

He also was arrested in October 2005 and charged with disorderly conduct after wearing an empty holster into the Rock Valley College president’s office. He said he wanted to make an appointment with the president to speak about gun rights and was directed to campus police. A secretary told police that she couldn’t tell if the holster was empty or not and called campus police to alert them that someone might be on campus with a gun.

That charge was dropped due to insufficient evidence.

Kranish, who also could not be reached for comment, has a $1.5 million civil rights lawsuit in federal court as a result of that arrest alleging he was wrongfully arrested and his right of free speech among other rights was violated.

A misdemeanor charge of resisting a police officer from the mall incident remains pending, as well.

[Talking_Mouse]

Here are bug me not logins for the Chicago Tribune. I got in using the first one.

[goldstategop]

Illinois is NOT a RTC state. The gun gestapo chief Dick Daley and his stooge Rod Blagojevich have seen to it Illinoisians don't have a RTC anywhere in the state.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[NittanyLion]

When they start taking their weapons out of their home and walking around with them strapped to their hip, bad things can happen."

Says it all. It's an "us v them" mentality. Can't have the unwashed masses defending themselves, eh chief?

[Lurker]

But some say the legislature needs to re-examine the law.”

They already have. The SC of IL has already spoken as well. This judge had no choice but to dismiss the charges.

This very issue was dealt with in another case.

If the weapon is unloaded and completely enclosed then it's perfectly legal in IL to have a firearm on ones person.

I'll dig up the case later when I don't have a stupid firewall that thinks looking up gun cases on the internet is something that should be prohibited.

L

[goldstategop]

They could fix the problem by adopting RTC. But Daley has a phobia about guns and what Chicago says, goes. People downstate would like to have it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[ConservaTexan]

I think everyone should carry. An armed society is a polite society.

[NittanyLion]

“We believe we have sufficient grounds for appeal,” he said. “Hopefully the appellate court can make some law on this.”

Typical liberal. The people themselves won't support my whims, but hopefully I can convince one unelected official to subvert their will.

[ThomasThomas]

The “old west” was mostly myth.

[goldstategop]

Daley has armed bodyguards. The rest of the state's residents just have to fend for themselves.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[MileHi]

“Hopefully the appellate court can make some law on this.”

Um, the friggin Winnebago County State’s Attorney actually said that? The court can "make some law"?

Unbelievable

[Lurker]

“Hopefully the appellate court can make some law on this.”

They already have.

Well they didn't 'make law', the interpreted the Statute properly once before.

In fact the SA in my county has said publicly he won't prosecute any cases of this type for exactly this reason.

So for all intents and purposes in my little county in IL, one can carry a firearm as long as it is unloaded and completely enclosed in some type of case.

A fanny pack for instance...

L