To: OSHA
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 owners identification card.
Kranishs attorney, who could not be reached for comment Thursday, argued in his motion to dismiss that his clients holster constituted a case.
The defense believes that if the case encloses the weapon then its not a violation of the law, said Winnebago County States 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 dont 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 cases 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 cant make progress legislatively, but we can in the judicial system.
Birch, of Oak Brook, said he hopes law enforcement officials take note of the cases outcome.
I hope the states 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 presidents 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 couldnt 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.
To: eyedigress
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.
To: eyedigress
Hopefully the appellate court can make some law on this. Um, the friggin Winnebago County States Attorney actually said that? The court can "make some law"?
Unbelievable
19 posted on
07/21/2007 10:17:48 AM PDT by
MileHi
( "It's coming down to patriots vs the politicians." - ovrtaxt)
To: eyedigress
Hopefully the appellate court can make some law on this.
Since when does a judge have the authority to MAKE a law?
A judge can only interpret the law.
To: eyedigress
We believe we have sufficient grounds for appeal, he said. Hopefully the appellate court can make some law on this. Hopefully, @$$hole, no friggin' court will make any attempt to legislate from the bench that would infringe !!!
34 posted on
07/21/2007 10:37:05 AM PDT by
knarf
(I say things that are true ... I have no proof ... but they're true.)
To: eyedigress
We believe we have sufficient grounds for appeal, he said. Hopefully the appellate court can make some law on this. I guess this guy hasn't heard that courts can't make laws(or they are not supposed to)it is unconsitutional. They merely interpret laws. Another liberal showing his ignorance of the constitution.
37 posted on
07/21/2007 10:40:10 AM PDT by
calex59
To: eyedigress
We believe we have sufficient grounds for appeal, he said. Hopefully the appellate court can make some law on this. Winnebago County States Attorney Paul Logli
Logli should be institutionalized; he obviously has no higher brain function.
47 posted on
07/21/2007 11:22:06 AM PDT by
kitchen
(Hey, Pericles. What are the three things a ruler must know?)
To: eyedigress
Suing sounds like a good idea.
85 posted on
07/22/2007 6:23:27 PM PDT by
TASMANIANRED
(Taz Struck By Lightning Faces Battery Charge)
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