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City of Elgin Proclaims Emergency Powers - allows for ban on public possession, carrying, or sales of weapons

Roger Z

By Roger Z
in Illinois Politics

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Roger Z Member

Roger Z

Posted
Posted

Per the Kane County Connects website, the Mayor of Elgin, David Kaptain has signed a proclamation declaring a state of emergency due to Covid-19 concerns.

 

https://kanecountyconnects.com/2020/03/covid-19-local-gov-elgin-proclaims-emergency-powers-courts-open-but-branches-close-some-libraries-close/

 

The article references Elgin Municipal Code Chapter 2.76.040 which can be found here:

 

https://www.sterlingcodifiers.com/codebook/index.php?book_id=524

 

If you look up Chapter 2.76.040, Section L of the code gives the Mayor:

 

L. The power to prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets or public places.

 

I expect we will see a lot more of this from other municipalities/mayors over the next few days.

 

 

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DoverGunner Member

DoverGunner

Posted
Posted

That will not fly

Seems someone may hit them with a lawsuit and retire early

When does Municipal law override State law or a court ruling ?

No One No One has the Right or Legal means to prevent you from protecting yourself

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lockman Member

lockman

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If you disregard the Constitution, Governing court precedence and state law ( in that order ) to exercise powers never granted to you under the guise of an "emergency" is Martial law. If my government officials disregard the laws created legitimately to restrain them, then I refuse to abide their dictates until such time they are removed and legitimate representation and governance is restored. It is Government officials that are creating and fostering panic, not the people.

 

On average 38 thousand people die from flu every year with no panic or quarantine and little disruption to civil course. So what is the number we reach where we switch from acceptable to all out panic quarantine and total civil disruption? There is no moderation, the totalitarians have gone all-in. If they succeed there will always be something to fear, as we will be in perpetual crisis needing rescue from our masters.

 

I lost my dad two years ago last month to the flu, I understand the consequences.

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Quiet Observer Member

Quiet Observer

Posted
Posted

 

Per the Kane County Connects website, the Mayor of Elgin, David Kaptain has signed a proclamation declaring a state of emergency due to Covid-19 concerns.

 

https://kanecountyconnects.com/2020/03/covid-19-local-gov-elgin-proclaims-emergency-powers-courts-open-but-branches-close-some-libraries-close/

 

The article references Elgin Municipal Code Chapter 2.76.040 which can be found here:

 

https://www.sterlingcodifiers.com/codebook/index.php?book_id=524

 

If you look up Chapter 2.76.040, Section L of the code gives the Mayor:

 

L. The power to prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets or public places.

 

I expect we will see a lot more of this from other municipalities/mayors over the next few days.

 

 

 

Has the mayor of Elgin put this into effect?

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Bitter Clinger Member

Bitter Clinger

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I recalled something about a law being passed to prevent this sort of thing after Katrina, so I looked it up.

 

It's called the Disaster Recovery Personal Protection Act of 2006 and it's intended to prevent the government from seizing legally owned firearms during the time of a disaster. It was signed into law on October 4, 2006.

 

What they're trying to do is not only unconstitutional, it's also very illegal.

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chevsuz12 Member

chevsuz12

Posted
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IMHO, the Conceal Carry Act does not allow for this. Therefore, if you have your Illinois CCL, you should not be affected by such ordinances.

 

Per (430 ILCS 66)

Section 90. Preemption.

The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for handguns by
licensees are exclusive powers and functions of the State. Any
ordinance or regulation, or portion thereof, enacted on or
before the effective date of this Act that purports to impose
regulations or restrictions on licensees or handguns and
ammunition for handguns in a manner inconsistent with this Act
shall be invalid in its application to licensees under this Act
on the effective date of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.

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EdDinIL Member

EdDinIL

Posted
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IMHO, the Conceal Carry Act does not allow for this. Therefore, if you have your Illinois CCL, you should not be affected by such ordinances.

 

Per (430 ILCS 66)

Section 90. Preemption.

The regulation, licensing, possession, registration, and

transportation of handguns and ammunition for handguns by

licensees are exclusive powers and functions of the State. Any

ordinance or regulation, or portion thereof, enacted on or

before the effective date of this Act that purports to impose

regulations or restrictions on licensees or handguns and

ammunition for handguns in a manner inconsistent with this Act

shall be invalid in its application to licensees under this Act

on the effective date of this Act. This Section is a denial and

limitation of home rule powers and functions under subsection

(h) of Section 6 of Article VII of the Illinois Constitution.

That preemption clause applies to everyone, not just CCL holders, because it's intended to be enforced against local governments. Not that it won't stop them from trying.

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Quiet Observer Member

Quiet Observer

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What really needs to happen is for some people to regain the "Spirit of '76" and to oppose the tyrants with force of arms. If a few stood up, more would follow. Just how large is the Elgin PD?

 

Are you planning an armed attack on the Elgin PD?

If necessary, their backup would include the sheriff's department, the Illinois State Police, and the Illinois National Guard.

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vito Member

vito

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I'm not planning anything. I am just one old guy with bad legs and a bad back. But I wonder how much will people tolerate before they push back? Would a strong public protest of several hundred pro-freedom Elgin residents cause the city to back off on any draconian confiscation plans, or not? Would it take several thousand determined demonstrators showing their anger at a government gun grab? Would more than a handful of Elgin patriots show up if a protest, peaceful of course, were called? Federal authorities backed off on their plans to arrest cattle ranchers out West when the family in question was supported by a sizable contingent of concerned, and armed citizens. On the other hand, in Waco, authorities used armored vehicles, snipers and fire bombs against women and children in a religious compound, creating where later shown to be false allegations of child abuse to justify the tactics of Janet Reno and her boss Bill Clinton. I am just speculating on what a left leaning local government might actually do, and what the citizens of that community might do in response. Personally, I am not involved in the least with Elgin politics.

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