Posted on 03/24/2012 6:54:01 AM PDT by marktwain
Fed up with the control the Chicago machine has exercised over Illinois state politics in general and firearms laws specifically, Pike County has voted to legalize concealed carry effective immediately. The measure was approved on March 20 by a 3,214 to 550 margin in what outdoorwire.com calls one of the largest voter turnouts in county history. “Historians have stated that this is the first time since 1862 that county voters in any U.S. state have explicitly reversed a state law. The previous example was when the five western counties of Virginal nullified that state’s secession from the Union, and themselves seceded from Virginia to form the new state of West Virginia.” As you might expect, this one is destined for judicial review. To say the least. Because of the conflict with state law, “legal observers . . .expect the inevitable court battle to be complex, because the new ordinance was enacted by the voters themselves, not by any county or local legislative entity.”
This could get interesting.
This has weight and will be worth watching. Hopefully, everyone will stay on point. This is a referendum to protect an established right, affirmed in the Constitution from the supremacy of the police powers granted to the state.
I see this move as somewhat of a double edged sword, because a poorly written decision could set president for political subdivisions of every point of view to set up their own kingdoms.
What the heck, I’ll get the popcorn. As long as they are fighting with each other they aren’t plotting against me.
150 years since the voters of just 1 county of the 3,143 counties in the entire US have spoken in such a manner.
I read that the county referendum was to take effect immediately or in within a short period of time. Should their actions go all the way though the Legal Industry's Court System it could take years. In the mean time will the citizens of Pike County, Illinois will be able to provide for their personal safety while the court battle works it's way to the highest court in the land?
BTW, Pike County, Illinois and it's County Seat Pittsfield, Illinois are location just across the state line from Hannibal, Missouri home of Mark Twain.
Hannibal, Missouri attracts many tourists each year. I wonder how many of them will cross the river to see the sights and meet those people who have said NO to Chicagoland with its concrete overshoes?
These people voted 3 to 1 for The Constitution of the United States, I would like to meet and talk to some of them. What type of people are they, their roots, their backgrounds, their religions, poliltics and more. It would be intrestting to know a lot more about them.
The measure was approved on March 20 by a 3,214 to 550 margin, in a record turnout.
That is a 6 to 1 margin.
Although I grew up in Sangamon County (Springfield/Chatham), I know these people. They are farm and small-town people - almost all of downstate Illinois is composed of farms and populated with solid, midwestern country folk. A mix of Catholic and Protestant, very traditional and family-oriented. Also very community focused. All in all, just everyday people trying to raise their families and praise God in their everyday lives. And VERY conservative.
This is Illinois' dilemma - 2/3rd's of the population resides in the Chicagoland area and control the political direction of the state. Until the Republican party in Illinois cleans up it's act not likely that anything will change (last 3 - I think - Republican governors put in jail for corruption).
I grew up, went to HS in Springfield. I left as fast as I could win scholarships. Looking back it wasn’t as bad as I thought it was.
:: This could get interesting. ::
Yes and below is why it can get interesting...
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.
(Source: Illinois Constitution.)
Missouri had its own dilemma similar to the Illinois dilemma. Missouri's dilemma was that St Louis & Kansas City controlled the state.
For the first time after the election of 2000 republicans controlled both houses of the state legislature. In 2003 Shall Issue Concealed Carry was passed in the legislature, was vetoed by the weak democrat governor, then the legislators overrode that veto.
In Missouri the total votes for each of the two parties is close, but in 2008 even someone like McCain did defeat 0bama by approximately 5,000 vote statewide.
Thank you for the information about the people of Pike County, it would be a good place to visit or live.
I would agree that a county cannot pass a law to overrule state law. But this is fascinating. I’m going to take a wild guess here, and say that the police chiefs and the sheriff in Pike County are unlikely to enforce state gun control laws against the residents of the county. A recall would probably quickly put anyone who tries out of office. Let us hope that more counties in Illinois and the United States copy Pike County.
Barry Illinois south of Quincy,Il and west of Hannibal, Mo.
The north end of Pike.
Pike Adams Sportsmen’s Alliance
The PASA Sportsmen’s Park is internationally recognized as one of the finest outdoor shooting sports facilities in the world. As a PASA club member, it is now open to you at all times—just like it was your own back yard. In addition to major events like the annual Masters International Shooting Championship and the USPSA National Championships, PASA’s regular schedule of club activities currently includes a variety of shotgun, rifle, and handgun matches, firearms training and education courses, hunter sighting-in days, picnics, barbecues, and all types of shooter and hunter services.
http://www.pasapark.com/pasa_membership.htm
Now that is the kind of hope and change, I believe in!
>I would agree that a county cannot pass a law to overrule state law.
The question immediately becomes: is the state law valid.
If the state law is contrary to the Constitution of IL, then the law is void. (See the opinion of Maybury v. Madison.)
If the people claim a federal right, a hack federal judge in Illinois will rule against them. Then they have to appeal to the Federal Appeals Court in their district, where they will lose again. And then they have to appeal to the USSC, and the Court may or may not hear the appeal, and if they hear the appeal, there is no guarantee they will side with the people. I make no predictions on the chances that the people of Pike County might ultimately prevail.
And there are other issues that the people might consider, like the right of nullification at trial should the state begin arresting citizens of Pike County for violating State Laws. But if one of the citizens somehow gets arrested for a Federal Statute, then the trial can be held outside of Pike County where the chances of jury nullification might be very small.
The varied scenarios that this discussion can take could keep us both busy for years.
IANAL, but it would seem that a challenge of a State law by a county with a 5.8:1 mandate from its citizens would be a much stronger case than (for example) a NRA-supported lawsuit by an individual.
Yes indeed.
It could set an example for those civilized areas of California that want to further separate themselves from infected anal warts such as San Fransicko and Los Angeles.
I am having a hard time linking to the source, can you provide a direct link?
>IANAL, but it would seem that a challenge of a State law by a county with a 5.8:1 mandate from its citizens would be a much stronger case than (for example) a NRA-supported lawsuit by an individual
That’s a very bad way to go, I think. Because if we go by people-support ratios we have nothing less than mob rule.
The best way to proceed, IMO, is to build up a case for proving that the state law is invalid; everything from Constitutional-law to technicalities... shoot it with everything we’ve got.
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