Illinois: Joe Birkett? Don't forget...

misc. from google ^ | misc. from google

[supercat]

From: http://www.jointogether.org/gv/news/summaries/reader/0,2061,545266,00.html

Illinois Gun Law Tested-- 8/13/2001

A vague clause in an Illinois gun-control law is being challenged by a bicyclist who carried a handgun in his backpack, the Chicago Tribune reported Aug. 6.

John Horstman was biking across the state when a DuPage County sheriff's officer stopped him. Police said he matched a description of a man who committed a crime in the county.

After searching Horstman, the officer found an unloaded Taurus 9mm handgun stored in a carrying case in his backpack. He was arrested for carrying a concealed weapon, which is illegal in Illinois, and could face up to 3 years in prison.

But Horstman is challenging the law, stating that it allows registered gun owners to carry an unloaded gun "enclosed in a case, firearm carrying box, shipping box, or other container." [nb: direct quite from statute]

While gun-rights activists argue that the clause enables gun owners to carry a gun in specially designed fanny packs and other such cases, legal experts differ on the law's meaning.

"I don't believe that the exemptions are there to allow people to arm themselves," said DuPage County State's Attorney Joseph E. Birkett. "I think they are there to legally allow people to transport their weapons safely from one place to another."

Horstman, who has the financial support of the Illinois group Concealed Carry Inc., said, "I read the law, and I've studied it. I'm in compliance with the law. I'm not a danger to anyone. I am licensed by the state police."

He said he was carrying the gun to shoot in unincorporated areas where it is legal.

From http://www.co.dupage.il.us/stsattn/News%20Releases.html:

Aggravated Unlawful Use of Weapons Charges Dismissed

DuPage County State’s Attorney Joseph Birkett announced today that he has dismissed the Aggravated Unlawful Use of Weapons complaint against John R. Horstman. On July 24, 2001, Mr. Horstman was stopped by a DuPage County Sheriff’s Deputy on the Illinois Prairie Path in connection with an incident which had occurred about forty (40) minutes earlier. The Deputy conducted a search of Mr. Horstman after noticing that he had a dual magazine pouch (a common ammunition container) on his waistband. A further search revealed an unloaded weapon and additional ammunition. Mr. Horstman possessed a valid F.O.I.D card at the time of the stop.

Upon a thorough review of the police reports and the physical evidence, State’s Attorney Birkett and his staff determined that Mr. Horstman should not be charged with an offense and there is no evidence upon which to proceed with further prosecution.

The weapon was unloaded and enclosed in a gun case which was also enclosed in a backpack, and Mr. Horstman possessed a valid F.O.I.D. card. This method of transporting a firearm is exempted from criminal prosecution.

"When a charge is not supported by probable cause, it is my duty to dismiss such a charge," commented State’s Attorney Birkett. "That is what I have done here today. This case is yet another example of the need for the General Assembly to clarify the definitions and exemptions in our Unlawful Use of Weapons (UUW) statute, carefully balancing the constitutional rights of every citizen against public safety interests. We have conducted training on this issue with local law enforcement and obviously we will be addressing this issue again in upcoming training programs."

[supercat]

Horstman didn't set out to be arrested [while others might do so with 'unloaded fanny pack carry', Mr. Horstman has no apparent affiliation to such people]. Joe Birkett was, from what I've read, personally involved in the efforts to prosecute him and set bond at $250,000. Although Mr. Birkett did drop charges after Horstman posted $25,000 cash bail and it became clear that they wouldn't stick, there was no basis for him to have brought such charges in the first place. Mr. Birket claims that he supports concealed carry but it is not law. For a FOID card holder to carry an unloaded and encased firearm, however, is explicitly permitted by statute.

While I don't especially trust Bob Coleman, unless someone can show me some reason that he's even worse I'll most likely vote for him. I'm not going to vote for a state's attourney who claims to be pro-RKBA and yet prosecutes people who obey the law.

[Vigilanteman]

Cracking down on people who carry encased, unloaded firearms is necessary to make us all feel safer. Just like having a tiny tot take off her Winnie the Pooh shoes to go through airport security while a swarthy towel-head is waved through so we don't hurt his feelings over racial profiling. It's not what actually gets done, it's what makes us feel good. </sarcasm>

[Barnacle]

Supercat,

Do not be fooled. Coleman is a rat plant to fall down in November and allow Lisa Madigan to take the office. Even Birkett's biggest critic, John Birch (no relation to the society, he was three when it was founded) President of Concealed Carry Inc. told me to go for Birkett. That's good enough for me. Hold your nose and vote Birkett. Remember, if we get O'Malley, Birkett won't have ridiculous guns laws to trifle with.

[Barnacle]

Fox news report Pat OMalley ahead. Tell everyone we are on the winning team and get out the vote.

[supercat]

Even Birkett's biggest critic, John Birch (no relation to the society, he was three when it was founded) President of Concealed Carry Inc. told me to go for Birkett. That's good enough for me. Hold your nose and vote Birkett.

I guess. Does anyone have any explanation for his actions, though? For him to say he supports concealed carry but the law doesn't allow it, and then to prosecute someone who clearly and unambiguously obeys the statute smacks of rank hypocrasy.

Remember, if we get O'Malley, Birkett won't have ridiculous guns laws to trifle with.

So? He's shown he doesn't need them--unless he's changed he'll prosecute whom he feels like, laws or no laws.

[supercat]

BTW, whom do you favor in the other races?

[Barnacle]

The AG race is choosing between evils - fagedabwdit.

Tell everyone you know toVOTE O’MALLEY!

[Barnacle]

BTW, whom do you favor in the other races?

Well, let's see, I'm leaning toward O'Malley (understatement). Other than that, I have no real strong feelings. But, will go for Cox for US senate and Hawkinson for Lt. Gov. The rest are local elections where I'm supporting the Conservative candidates.