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FOID card revoked due to court supervision for misdemeanor traffic violation


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#61 Euler

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Posted 15 April 2019 - 02:04 PM

I think it's time for this old geezer to bail on this thread. It's starting to resemble a journey down the rabbit hole, which often happens on the interwebs - lol
...
Reckless and irresponsible are synonyms.


The rabbit hole is a discussion about reckless driving. The original point was that someone's 2A rights were suspended for a non-violent misdemeanor. Rather than get caught up in reckless driving as the example, think about littering or jaywalking.

Supervision is like mini-probation. For 2A rights to be suspended for someone on felony probation makes sense, but for non-violent misdemeanor supervision not so much.

Supervision is a county court thing. Unless someone does a survey of all IL counties (FOIA?) and makes a bigger political issue of it to change the courts, it's just one more reason to be cautious before agreeing to anything.
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#62 RandyP

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Posted 15 April 2019 - 02:07 PM

OK, one last few feet down the rabbit hole.

 

Believe what you like but NO I have NEVER gone 70 in a 35, 90 in a 55 nor 105 in a 70 speed zone. If I had I would consider myself an irresponsible reckless a-hole of a driver. IMHO so would anyone else with even half a brain..... and so does the law.... and I thank the gods for that small favor.

 

And with that I sign off this wandering off topic thread for good. Those who wish to try to defend reckless, irresponsible behavior of any kind won't understand or benefit from any further discourse from the lowly likes of me.


Edited by RandyP, 15 April 2019 - 02:10 PM.

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#63 chicagoresident

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Posted 15 April 2019 - 02:20 PM

26 over is a class B misdemeanor. Fines, jail time, or supervision (which I assume carries the same loss of 2A fine print). Hope your eyesight is good enough to see those 55 to 30mph drops. Hope your speedometer is accurate to 1mph.

There's plenty of highway that goes from 70 (where everyone drives 80) down to 55.

Edited by chicagoresident, 15 April 2019 - 02:22 PM.


#64 InterestedBystander

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Posted 15 April 2019 - 02:45 PM

Is court supervision negotiable? e.g. you have a traffic violation or similar minor charge, What happens when you look at terms and see no firearms, then say no way. Is it take it or leave it?
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#65 Euler

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Posted 15 April 2019 - 03:48 PM

Is court supervision negotiable? e.g. you have a traffic violation or similar minor charge, What happens when you look at terms and see no firearms, then say no way. Is it take it or leave it?


730 ILCS 5/5-6-1(a)
...
The court shall impose as a condition of a sentence of ... supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for ... supervision, subject to the provisions of Section 5-6-4 of this Act.
...

730 ILCS 5/5-6-4
...
(f) The conditions of ... supervision ... may be modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after notice and a hearing.
...


That looks negotiable to me, as long as you get the judge to go along. As I read it:
  • A county judge determines the list of conditions that can be applied to supervision.
  • The county probation agency may apply any of them to every case.
  • The agency or the offender can ask the court to change the conditions for any particular case, or the court can do it on its own.
I still wonder why the counties for the two examples in this thread have chosen to suspend 2A rights for misdemeanor offenders. And is it, in fact, every county that does so?

Edited by Euler, 15 April 2019 - 04:01 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#66 InterestedBystander

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Posted 15 April 2019 - 04:50 PM

I just went through this yesterday myself. (actually the reason I joined The forum) we moved, so I updated my address on myFOID card. 6 weeks later I get the letter stating my Foid has been revoked. Immediately called my lawyer, he said he'll look into it. I too was convicted of a Class A reckless driving. But I DID NOT see that for the supervision I could not possess my weapons. Conviction was in Sept, letter came after updating address in March. So yes, I surrendered my foid card, filled out the firearms deposition and transferred my firearms to someone with a valid Foid all yesterday. This is a complete violation of my 2nd amendment right and Im feeling hopeless. Can't win with this state.


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#67 357

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Posted 15 April 2019 - 05:23 PM

Is court supervision negotiable? e.g. you have a traffic violation or similar minor charge, What happens when you look at terms and see no firearms, then say no way. Is it take it or leave it?


Is negotiable with the prosecutor, you take the deal or go to trial. For the record I have only been caught once speeding and even for a first offense in an unpopulated area with no traffic, the prosecutor was only willing to give me Class B instead of Class A misdemeanor and I had an attorney. I refused to take the deal and had evidence of wrongdoing and wasn't going as fast as claimed on the ticket and the case was eventually dropped.
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#68 357

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Posted 15 April 2019 - 05:50 PM

OK, one last few feet down the rabbit hole.
 
Believe what you like but NO I have NEVER gone 70 in a 35, 90 in a 55 nor 105 in a 70 speed zone. If I had I would consider myself an irresponsible reckless a-hole of a driver. IMHO so would anyone else with even half a brain..... and so does the law.... and I thank the gods for that small favor.
 
And with that I sign off this wandering off topic thread for good. Those who wish to try to defend reckless, irresponsible behavior of any kind won't understand or benefit from any further discourse from the lowly likes of me.

You must have a slow car or afraid to drive and of other drivers like you said. It's easy to do 90 on 55 when other drivers are doing 90 and tailgating you to get out of their way. After that is luck of the draw. Btw tailgating is considered reckless driving too and depends on the cop.

Signs go from 70 to 55 and is more unsafe to look at the speedometer and for cops and signs than looking at the road and driving at your own and your car's ability and not worrying about the nanny state ripping you off with hefty tickets. Also motorcycles and sport cars do 90 in first gear today.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#69 Ericshere

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Posted 15 April 2019 - 07:59 PM

Its not all that hard to find yourself doing 85-90 on today's expressways. And this "court supervision/traffic school" that the state has set up is nothing more then a money grab. They know that if you were to not be able to get supervision then most would be much more careful with how they drive considering that you could lose your license and insurance with three or more moving violations. They are not as concerned with safety as they are with making money. They don't mind so much if you speed as long as you pay the fines. It is a system designed to keep you on the road and continue paying. For the record its been 10 years since I received a moving violation but there was a day.....



#70 BobPistol

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Posted 15 April 2019 - 08:03 PM

 

 

 

 

4 Ds, 3 others. The law that creates the board mandates that no more than 4 members be from the same party.

 

 

So what will happen is 7 LWW's get on that board.    Party affiliation doesn't matter when both the R half and the D half are part of the One Party System. 


The Second Amendment of the Constitution protects the rest.

#71 357

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Posted 15 April 2019 - 08:20 PM

Its not all that hard to find yourself doing 85-90 on today's expressways. And this "court supervision/traffic school" that the state has set up is nothing more then a money grab. They know that if you were to not be able to get supervision then most would be much more careful with how they drive considering that you could lose your license and insurance with three or more moving violations. They are not as concerned with safety as they are with making money. They don't mind so much if you speed as long as you pay the fines. It is a system designed to keep you on the road and continue paying. For the record its been 10 years since I received a moving violation but there was a day.....


They have turned it into a gun grab too.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#72 Bird76Mojo

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Posted 16 April 2019 - 01:08 AM

There seems to be a staggering amount of helots in this thread.. Glad to pay those fines.. Happy about an ever increasing amount of nanny laws.. 

I prefer complete freedom myself, and I don't mind being held 100% responsible for any damage or harm I may cause with my reckless behavior or actions, but I don't need a squad of glorified revenue generators to assure that I stay in line.. As if laws really stop anything.

The slavery mindset is real.
 


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#73 357

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Posted 16 April 2019 - 09:47 AM

Who thinks JB and his handpicked director have something to do with this. This didn't happen before he got elected.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#74 Colt guy

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Posted 16 April 2019 - 09:56 AM

Who thinks JB and his handpicked director have something to do with this. This didn't happen before he got elected.


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