Showing posts with label Constitutional issues. Show all posts
Showing posts with label Constitutional issues. Show all posts

Monday, March 4, 2019

2A Town Hall, March 4, Enfield



We will NOT comply! 

That was the tone of tonight's town hall meeting in tiny Enfield, IL.

The meeting was well attended, with reports of 400 + folks signing in. Several were from surrounding counties including Edwards, Wayne, and Gallatin. There may have been other counties represented but I had confirmed contact with folks from those three. There were also several law enforcement officials from other counties as well as at least one officer from District 19 ISP (I'm assuming in an unofficial capacity as I know the officer lives in White county and wasn't in uniform).

Speaking this evening were Representative Darren Bailey (R, 109th), Senator Dale Righter (R, 55th), White County State's Attorney Denton Aud, White County Sheriff Doug Maier, as well as Mike and Valinda Rowe (Illinois Carry and ISRA).

After a brief welcome and introductions, Rep. Bailey opened the meeting with prayer followed by Valinda leading us in a recitation of the Pledge of Allegiance. (That's how we do things down here in the parts of IL that are still America)

Valinda spoke about past lawsuits that were important to Concealed Carry and gun ownership in IL and the importance of being informed. She gave excellent instructions on signing up for alerts from Illinoiscarry.com and how to log in for the discussion forums to help coordinate with like minded folks.

Rep. Bailey had the stage at this point and mentioned that he has three Chicago Reps that have committed to spending some time in the area this summer in order to learn about the vast differences between their home and ours. I thought this was a great plan and I hope they hold to that commitment, it's much better than simply arguing with them and lets them see what culture outside of the city is like, as well as the poor state of our infrastructure. He went on to mention the effectiveness of phone calls and emails to other Reps that introduce bills and/or sit on different committees. The "per-mile" tax and the "No guns in Churches" bills being two examples that have been pulled due to large amounts of negative feedback.

Rep. Bailey ended his segment by assuring everyone in attendance that if SB107 ("Assault Weapons" ban) were to pass, that he will not register his own firearms. This resulted in a large applause as you might expect.

Senator Righter took the podium next and expressed the need to contact members of the Senate Judiciary Committee in order to pass along our opposition to SB107. He stressed that respect was key in this as being rude would just cause them to ignore the pleas. I agree with this but would add that one can be firm and respectful at the same time. The folks that push these bills don't expect a coordinated resistance and we need to show them just that.

Sen. Righter did go on to say that he feels SB107 is an Unconstitutional and inappropriate bill and that he would fight it as such. He reminded everyone that a basic distrust in government is exactly what led to the Bill of Rights in the first place and bills like this are a perfect example of government overreach.

Next up was White County State's Attorney, Denton Aud. Mr. Aud spent some time discussing the discretion that is afforded to the State's Attorney's office and that his job is to pursue justice rather than simply prosecute crimes. His oath states that he is to uphold the Constitution of the United States and to protect the people that have elected him. He feels that these proposed laws are at odds with the U.S. Constitution and, after discussion with the Sheriff and Police Chiefs in White, he will not prosecute a person in White County for simple violation of a law like SB107, if they are an otherwise law-abiding citizen. Mr. Aud received a standing ovation.

Sheriff Doug Maier took the stage briefly and reinforced that he and other LEO in White will not arrest for a violation of SB107, given that the citizen is otherwise law-abiding. (Note: he is referring to his Deputies and other local PDs, not the ISP, as he can't speak for them)

At this point the floor was opened for questions, which were general in nature and answered fairly concisely. One attendee asked about the new regulations for gun shops, SA Aud stated that IL State Regulation of a business was not Unconstitutional as far as he could tell. Mike and Valinda Rowe mentioned that the law is being examined in detail for any cracks that can be exploited with a lawsuit but that none have yet been found.

I felt that the meeting was informative and thought that the speakers all did a very good job and were reassuring, particularly for those living in White County. Of course, Sen. Righter said it best...we need to stop SB107 from ever becoming law, rather than discussing how to avoid prosecution if it does become law.

You'll forgive me for the blandness, I'm much more accustomed to tossing out my own thoughts rather than reporting things (if you can call this reporting).


Wednesday, January 30, 2019

Illinois doubles down on stupid

Illinois...there's something in the water. 

For those readers not familiar with Illinois, it's really two states: one that is basically Chicago/Cook County and its collar counties (mostly "left leaning"), the other is roughly everything south of I-80 (mostly "right leaning") which is typically labeled as "downstate". Of course, this is a generalization as we know there are pockets of liberalism in "downstate" (Champaign County, for instance) and vice-versa. Further, there are some "liberals" who own firearm as well....so lets not get too wrapped up in the labels.

Sadly, the population of Cook County, etc. is enough that the entire remainder of the state can think one way and get overruled in an election. The last Gubernatorial race found a few more pockets in support of the democratic candidate as people were rightfully fed up with Gov. Rauner's ineffectiveness.

 Those of us in "downstate" IL knew that the relatively stable, though not ideal, situation for firearms ownership would take a negative turn when Gov. J.B. Pritzker was elected. As it turns out, we underestimated the slope of that downward curve and how quickly the Chicago pols would act.

Yeah, they're swinging for the fences.

First, they held a bill that they knew Gov. Rauner would veto and passed it off to new Gov. Pritsker shortly after being seated. Seems like dirty pool to me but I'm no expert on that stuff, I expect it to be challenged in court.

This bill was signed and has now become Public Act 100-1178, it requires state level licensing of firearms dealers and includes licensing fees, video camera requirements (video of all doors, all inventory, as well as all transactions....), video storage requirements (90 days minimum), inspection requirements, and so on. Video storage can get expensive in a hurry, just ask any number of small police departments that can't afford to store body cam footage.

Besides all that, the BATFE already controls firearms dealers at the federal level and we know that criminals with records don't go to gun shops to buy their firearms. According to the DOJ stats published on the same day this bill was signed, only 1.9% of criminals in possession of a gun claim to have purchased it in a retail location.

Next they dropped SB 0107 in our laps. This is the typical "assault weapons" ban and includes your choice of registration or confiscation of existing firearms that fit their language. No surprises here except for not having a grandfather clause.

A day or two later, we see HB0888 arrive. This is a bill that requires you to turn over info for your social media accounts when you apply for a new FOID or attempt to renew it. I can understand how some people might think this is a good thing, but folks....due process. If someone is doing things on one of the social media networks that makes you raise an eyebrow, I get it. But until they're prosecuted of a crime I don't see how the state could use this against them but they'll certainly try using it for Red Flag purposes.


My personal favorite (so far) is the newly released HB1467. Wondering what's in this gem? Read on.

A retailer will be required to do the following for an AMMUNITION sale.

Record the following info:
1. Date of transaction
2. Purchaser's name, address, DOB
3. Purchaser's FOID information
4. Amount of ammunition, caliber, manufacturer's name and serial number or other identifying info
5. Requires the retailer to send all of this to the IL State Police within 7 days of the sale of ammunition.
6. Retailer must keep a log book of ammunition sales, available for inspection by law enforcement

The bill also requires the IL State Police to establish and maintain a searchable database which contains these ammunition records.

 Sooo, since that pesky U.S. Constitution makes it unlawful for the state to have a database of firearm sales...they'll just record ammunition sales and then deduce who-owns-what to some degree. To be clear, they do know when a firearm is sold at retail but only that it is a handgun or long gun.


Edit 1/31/19  to add a new bill introduced late yesterday: 

HB1586 may be tied for my favorite now....this atrocity will require all handgun ammunition to be serialized. If you possess un-serialized ammunition that was previously owned or was purchased from a sane state...too bad. Also creates a registry of serial numbers from an ammunition sale, so obviously this goes along with HB1467 above. 
 
None of this is going to stop crime of any type and they know it. My opinion is that they're hoping to drive gun shops out of business and scare a handful of people into turning in a few firearms. Meanwhile, gangbangers will still be bangin and it's business as usual with them.

Those of us closer to Kentucky than Chicago tend to be of the mindset that these things won't affect us much but you need to wake up and realize that this will affect you. They aren't playing around. There is a Democratic super-majority in both houses and a new leftist sitting in the Governor's chair, it's going to be tough and you need to get involved. In my opinion, complacency is consent and those who roll over are just as much to blame as those who bring this mess to the table.




How can you help? Stay with me....

Get off of your rear, get on the phone, send a letter, or an email, file witness slips for these bills, wear these elected officials out with communication. You can find the contact info for your elected officials here, just click on Members and follow your nose.

If you've never filed Witness slips before, see IllinoisCarry.com (link on the right) for instructions. Lots of good folks there to help you out.

Attend IGOLD on March 27 (there's time to plan) and get to Springfield any other time you can. Yes, even if you don't agree with everything that the ISRA does, now is no time to divide ourselves

If you're a Sheriff reading this by some strange luck, I ask that you tell the ILGA that you won't assist with enforcing this attack on honest folks if it does manage to become law.

County boards? Pass a line in your budget barring county funds from being spent on enforcement of this tripe. Help us find a way.

If you're one of the legislators that have brought these bills forward or support them, please reconsider. These actions will do nothing more than hurt the people that already follow laws, not those who are actually doing harm.

Monday, March 4, 2013

Location, location, location....

When the word "location" comes up this week, there's only one place YOU need to be:

IGOLD in Springfield, Illinois. 

Yes, YOU do need to be there because last week Speaker Madigan and the machine played games with our rights and it looks like the games are continuing this week. 

Last week it was concealed carry, this week they'll be looking to ban personal defense weapons (or what the media calls "assault weapons"). 

The details on last week are long and maddening, I'll refrain from getting into them here but I will say that we can't turn our attention away from things for even one day. If you'd like to read all about it, head over to IllinoisCarry.com for much discussion on events of last week. 

"They" want an extremely restrictive "May Issue" law for concealed carry and use a lot of emotional wording to make that sound like a good thing. Here's a scenario that demonstrates why may issue sucks: 

        Let's say that back in High School I dated the current local Sheriff's sister and he was always very       protective of her and didn't care much for me. Now, I apply for a RTC permit....even though I have no criminal record or any history of mental illness, he chooses to deny me a permit simply based on his dislike for me having dated his sister. Or maybe I didn't donate to the Sheriffs' Association, or maybe he doesn't like the way I mow my lawn.... Seriously, "may issue" laws allow for this ridiculousness. 

We want a "shall issue" bill. This means that as long as you don't have a felony record, no history of mental illness, you currently hold a valid FOID and you have passed required training.... you receive a permit. If you are denied a permit, there MUST be a VALID reason for that denial and it must hold up under scrutiny of the law. Those that don't like shall issue will use emotion to try to convince you that it will result in handing out permits like candy to anyone that wants one, this is simply not the case. 

We also want preemption. Huh? This means that Chicago would have to abide by the same carry law as every other part of the state, we don't want to leave our Chicago citizens out to dry. 

Please call your Reps and Senators folks! Tell them:
NO bad carry bills
NO gun, magazine or ammo bans
NO to the city of Chicago's agenda until they respect the Second Amendment!!!

Also, I want to remind folks that you can watch committee meetings and floor debates LIVE online. It's my opinion that doing so should be required of every citizen, it really shows how inept some of our elected folks are. 

To do so, go to www.ilga.gov and find the row of wording (in the blue bar) at the top of the page, place your cursor over the word "House" or "Senate" and a menu will drop down. At the bottom of that menu, you'll find a link for audio/video. If there's anything going on live, you'll find the link on the age that opens up....just be sure to have your blood pressure meds handy if you need them. Some of these folks have no business "leading" our state. 





Monday, January 28, 2013

Never a dull moment

It's been an interesting January for gun owners in America and things are likely to stay that way for awhile. We've had new, nasty gun laws passed in NY, Executive Orders from the White House and Feinstein's newly tweaked AWB trotted out for our perusal. It's enough to make your head spin!

Let me start by saying that some gun owners in New York are standing up to say "NO!" and I applaud them for it, they don't want to register as they know that registration only leads to worse things down the road. You can read about it here and here if you'd like to know more. (I have no affiliation or experience with either place linked)

I have to admit that I'm curious just where the state legislators in NY think they'll house all those citizens that they're threatening with a year in jail for non-compliance. That could be a very large group to feed and shelter. It's also worth mentioning that, in their haste to pass new "feel good" laws, they failed to exempt police from them. I wonder how the NYPD feels about being limited to 7 round magazines? Then again, with the recent shooting record of the NYPD, that may make citizens a bit safer.

I should state that I am not really bashing the police here, but they are continually held up as "the people that are trained in firearms use" by some legislators and the media. It's my opinion that police aren't allowed enough range time to keep themselves proficient and I probably have more live fire training than most police do.

On to those Executive Orders.....frankly, only a few of them have any real merit:

#13 Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
Makes sense right? If the courts would quit plea bargaining so much and actually punish some criminals instead of sending them back out, we might get somewhere. Notice how they slipped "gun" in there a couple of times? Couldn't we just as easily have said "violence" and "crime"?

#18 Provide incentive for schools to hire resource officers. 
Sounds good at first really, but I wonder what possible incentive is better than "keeping children safe"..... But hey, if they want to help pay for it I'm OK with it. I should think that the resource officers are to be armed though. (and didn't they say that it was un-affordable when the NRA suggested some security?)

#20, 22, 23 all deal with mental health issues and I think this is extremely important as we can link most every mass killing to mental health and some drugs used to treat such. I'm no expert on mental health so I'll leave it to others to decide if these actual proposals are worth anything.

In short, most of the 23 suck and a couple will absolutely rip apart health care privacy while others won't do squat to curtail any determined criminal.

Oh! Guess who supports these measures/EO's? The Communist Party! Seriously.
Read the story at that link and tell everyone you know. Why on earth would any American support a damned thing that the Communist Party backs?

That leaves us with Feinstein and her new 1994 AWB on steroids. What planet is this woman even from? This bill is so nuts that it shouldn't even be given a look....but it will because emotions are high.

Here's my fear: She purposely made this bill so restrictive that it can never pass, once she "realizes" this, she will back off a bit here and there. Pretty soon, those gun owners that are a bit squishy start supporting it because of all the compromise she's made and then it becomes law. Ugh.

What we need to do is absolutely melt down the phones, faxes and emails of every elected official we have and tell them to let her know we said "Pound sand!". Do it DAILY. Those elected should be so in fear of losing their jobs that they help this woman get on a plane back to San Francisco where she can retire and basically just go away. While they're helping her, they might consider retirement for themselves as some are seriously out of touch. 

For further discussion on these items and other things gun related, be sure to visit IllinoisCarry.com

Wednesday, January 2, 2013

IL Legislation update

The two bills that we are concerned with passed through committee today and are very likely to come to a floor vote tomorrow MORNING (Thursday, Jan. 3).

Please! Call and tell your senator and Senate President Cullerton to vote "NO" on these bills:

HB1263 which is a very far reaching semi-auto ban

HB815 which, among other things, would require registration of magazines that are capable of holding more than 10 rounds and whatever rifles and handguns can hold them....

Now, I have no idea how they would really expect to register a magazine, what with no serial number and all. Stupidity in action.

So, first thing in the morning, start calling your senator and then fax them too. In the meantime, send them an email.

There's also some folks saying that during the committee meeting, their names were read off as "proponent" of these, when in fact they are an "opponent". Is it a mistake or some really dirty pool? I hope we can find a way to hold their feet to the fire on this for sure!

Please see yesterday's blog post for links to contact your elected reps, I'm back to work and have an early morning tomorrow. I'll be calling senators on the drive in.

Tuesday, January 1, 2013

IL Legislators looking to ram gun control thru NOW

I regularly joke about the three people that read this, but today I seriously hope that MANY are reading and I can help get the word out.

NRA-ILA has learned that anti-gun legislators backed by Gov. Quinn intend to introduce legislation on January 2, 2013. The idea is that, with the support of anti-gunners that won't be back after losing elections, they can exploit the lame duck session and pass some very ugly regulations.

The known language attacks public gun ranges and would put them under control of the ISP and also ends any training of non-FOID holders even if properly supervised. So non gun owners that wish to learn more about firearms would be required to first undergo the FOID process just to touch a gun.

The usual magazine capacity and so called "assault weapons" bans are included, as well as a ban on pump action rifles.... No, really. This is said to be the most draconian gun language ever put forth in America and if you think dad's old shotgun that you hunt birds with is safe, think again.

Even though some of this could be found to be unConstitutional, it could also take years for courts to reverse it...and they know this.

PLEASE, PLEASE, PLEASE... call your IL legislators tomorrow and call every day after that, tell them that we don't want ANY of these whacko ideas to become law.

(217) 782-4141 is the number to find out who your legislators are (if you don't know)

(217) 782-2000 is the main number for the IL General Assembly

Or you can also go HERE to plug in your address and get the contact info you need.

Also remember that on January 9, 2013 you may get a new legislator based on the last election and redistricting, so check those numbers or the link on the 9th for properly updated info.

As a last word, I'd also like to let you in on their tactics. One thought is that they KNOW this won't fly but it gives them room to back off but still implement lesser controls while looking reasonable. It's like a child asking for a new car but really only wanting a new bicycle...when the kid backs off a bit, the parent doesn't think the new bike seems like such a bad idea.

As always, join the discussion at IllinoisCarry and learn more.


Wednesday, December 12, 2012

Finally!



Yes, I know I'm a day behind....it's finals week and I have been grading projects and exams, so perhaps the readers (all three of you) will forgive me.

For anyone just coming out from under their rock:

The 7th Circuit Court of Appeals has ruled that Illinois' total ban on carrying a handgun is un-Constitutional and has stayed this opinion for 180 days to allow the legislature to get a law in place.

Rep. Phelps had warned his fellow Reps that if they didn't accept HB148, the courts would ram concealed carry down their throats. I hope he enjoyed a cold beverage of choice last night!

Now we don't have to accept some watered down mess of a bill at all, it's the "other side" of the table that has to accept what we want. If they want to try a bill that sucks, we say no and let the 180 days pass... then current laws are null and void.

To everyone that has worked with us so far to make this happen: THANK YOU!

Now let's get back to work making sure the Machine doesn't try to screw us out of this.

Special thanks to BShawn over at www.illinoiscarry.com for the timer above!

Saturday, April 7, 2012

A sad state of affairs

Let me step away from IL RTC issues briefly....well sort of, as this stuff may eventually affect everyone in the country if it continues to spiral out of control.

I'm sure that everyone is familiar with the shooting in Sanford, FL by now. I will not give an opinion as I wasn't there and didn't see what happened, I will not defend anyone or point a finger. Sadly, there are a LOT of news outlets that weren't there either, but it hasn't stopped them from spewing "facts", some of which are turning out not to be "facts" after all. Some of the news outlets are being investigated for putting firth outright lies and doctoring 911 tapes.

We've had celebrities tweeting addresses for the shooter, which turned out to be wrong and harmed innocent people's lives. We've had an 78 year old man in Toledo that was beaten and robbed and it may or may not have been retaliation for Martin ...we don't even have all the facts there as you can see in the following links.
http://www.toledoblade.com/Police-Fire/2012/04/03/Man-78-recounts-assault-by-6-youths-in-E-Toledo.html

http://www.toledoblade.com/Police-Fire/2012/04/07/Toledo-police-Man-s-account-of-assault-may-be-exaggerated.html

We have politicians screaming to make new laws or repeal others based on knee jerk responses. We have anti-gun groups dancing in Martin's blood and using it to try to strip the rights of  law abiding people in this nation. (Sorry, I refuse to link to their stuff)

Right now, we have to wait until the investigations are over and all of the actual facts are in before we consume ourselves. 

Here's what we don't have and I want to know why:

We don't have public outrage about the daily homicides that occur in Chicago (and other cities, but Chicago is the one I hear about the most). Why is the Rev. Jackson -among others- not looking into these? I don't wish to take away from the Martin case, any premature loss of life is regrettable. But seriously, what Chicago is doing isn't working and things need to change. The following link refers to just one weekend in Chi-town, it can be an ugly place.
http://www.suntimes.com/11400560-417/mayor-city-to-do-more-to-fight-violence-after-bloody-weekend.html

First quarter figures put homicides in Chicago at 118. So why aren't they looking for real change in the way things are done? Of course, some of these may be criminal-on-criminal homicide rather than innocents being murdered, but it's clear that there's a problem.
 http://homicides.redeyechicago.com/

And it's really bad when the officials BRAG that the city went murder-free for a whole day!
http://www.nbcchicago.com/blogs/ward-room/Chicago-Murder-Free-24-Hours-137672038.html

So, where's the outrage?

Wednesday, March 21, 2012

Pike County is now Constitutional Carry (?)

If you keep up with IL gun Rights at all, then you've likely heard of an effort in Pike County to get a public vote on concealed carry. It was on the ballot yesterday and passed at ~ 85%, which means.... well, I'm not sure what it means. Read more here.

Please note, the following couple of bits are reliant on a weapons carrier that is not otherwise barred from owning a firearm and is of age, etc.
The Sheriff says he won't be arresting anyone for carrying a weapon and the State's Attorney says he won't be willing to prosecute anyone (provided they were arrested in the first place, possibly they expect the ISP won't be so friendly).

I'm no lawyer, but I'm betting that the IL AG's office is going to have something to say. I'm also betting that it won't be favorable. As far as I'm concerned that office can pound sand, but sadly they are the law.

So that leads to the question of whether Pike can do this or not, it isn't uncommon for Home Rule communities to make state laws tougher (see Chicago's gun laws) but to make the laws lighter is certainly not common and I'm not sure if it's legal.

For the record, I hope it is legal as it's a sharp stick in the eye of the Chicago Machine, I also hope that it finally brings RTC issues in IL into the mainstream. There are so many people out there that still aren't aware that EVERY state but IL has some form of carry for self defense. (That's why I bother with these ramblings, to spread the word)

Some are worried that this will work against efforts for a statewide/pre-emptive RTC law, others are saying that this is the kick in the pants that the legislature needs (particularly those reps in the NE part of the state). I have to admit that I'm still undecided, it is certainly a small victory and sends a message that people do want the legal ability to protect themselves.

Either way, it's bound to be an exciting topic for some time to come. You can check out more opinions and thoughts over at IllinoisCarry.