Roger Z Posted March 14, 2020 at 05:16 PM Share Posted March 14, 2020 at 05:16 PM 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. Link to comment Share on other sites More sharing options...
DoverGunner Posted March 14, 2020 at 05:19 PM Share Posted March 14, 2020 at 05:19 PM That will not flySeems someone may hit them with a lawsuit and retire earlyWhen 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 Link to comment Share on other sites More sharing options...
biggun 1 Posted March 14, 2020 at 05:20 PM Share Posted March 14, 2020 at 05:20 PM wow,talk about using anything to further their agenda.these people are un american. Link to comment Share on other sites More sharing options...
Windermere Posted March 14, 2020 at 06:15 PM Share Posted March 14, 2020 at 06:15 PM Here we go Link to comment Share on other sites More sharing options...
luckydawg13 Posted March 14, 2020 at 06:26 PM Share Posted March 14, 2020 at 06:26 PM Anyone stop by Gat Guns are they open Link to comment Share on other sites More sharing options...
lockman Posted March 14, 2020 at 06:41 PM Share Posted March 14, 2020 at 06:41 PM 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. Link to comment Share on other sites More sharing options...
McCroskey Posted March 14, 2020 at 09:07 PM Share Posted March 14, 2020 at 09:07 PM Champaign did the same today. Link to comment Share on other sites More sharing options...
kevinmcc Posted March 15, 2020 at 12:45 AM Share Posted March 15, 2020 at 12:45 AM Champaign did the same today.Also banned sale of alcohol, the only sanitizer you can find in some places. Link to comment Share on other sites More sharing options...
GarandCollector Posted March 15, 2020 at 01:07 AM Share Posted March 15, 2020 at 01:07 AM I'm surprised that Oak Park is not jumping on the bandwagon. This is their big chance. Link to comment Share on other sites More sharing options...
mikew Posted March 15, 2020 at 01:16 AM Share Posted March 15, 2020 at 01:16 AM From Highland PArk, home of one of my favorite gun grabbers, Nancy RotRing, does not appear to step in it, and you can't make this up: http://cms6.revize.com/revize/highlandparkil/City%20of%20Highland%20Park%20Declaration%20of%20Emergency%20March%2014,%202020.pdf Nothing about guns, alcohol, or gasoline. Link to comment Share on other sites More sharing options...
Upholder Posted March 15, 2020 at 01:38 AM Share Posted March 15, 2020 at 01:38 AM Champaign did the same today.Also banned sale of alcohol, the only sanitizer you can find in some places. To be clear, the Champaign city council gave the mayor their blessing to do those things, but the mayor has not done so yet. It appears that Elgin is in the same state. Link to comment Share on other sites More sharing options...
Colt guy Posted March 15, 2020 at 06:49 AM Share Posted March 15, 2020 at 06:49 AM Is this just a way to get in line for money by declaring and Emergency ? Link to comment Share on other sites More sharing options...
Bitter Clinger Posted March 15, 2020 at 11:29 AM Share Posted March 15, 2020 at 11:29 AM Are these proclamations even legal or constitutional?Seems to me that they couldn't possibly be. Link to comment Share on other sites More sharing options...
Mr. Fife Posted March 15, 2020 at 12:42 PM Share Posted March 15, 2020 at 12:42 PM As far as I know, the Stafford act says the Governor is the one who needs to declare an emergency in order for the State to get federal funds. Maybe these copy cat mayors are hoping jelly belly splits the money with them. Link to comment Share on other sites More sharing options...
Quiet Observer Posted March 15, 2020 at 02:41 PM Share Posted March 15, 2020 at 02:41 PM 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? Link to comment Share on other sites More sharing options...
lockman Posted March 15, 2020 at 02:58 PM Share Posted March 15, 2020 at 02:58 PM No, he has been granted this power to do so. But legally, you can’t be granted powers your grantors do not posses. Some of the proclamations contained are most likely constitutional and others are not. ^ this *** Link to comment Share on other sites More sharing options...
dumpnpump Posted March 15, 2020 at 03:52 PM Share Posted March 15, 2020 at 03:52 PM If I recall correctly, didn't OBozo enact an executive order that allowed the feds the right to enter private homes and confiscate any thing they deemed they needed? Food, water, toilet paper, If you have four cans of soup on the shelf you are a hoarder and subject to arrest. Link to comment Share on other sites More sharing options...
Bitter Clinger Posted March 15, 2020 at 06:35 PM Share Posted March 15, 2020 at 06:35 PM 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. Link to comment Share on other sites More sharing options...
rmart Posted March 16, 2020 at 01:02 AM Share Posted March 16, 2020 at 01:02 AM Or does that just apply to federal (not state, county, local) actions? Link to comment Share on other sites More sharing options...
chevsuz12 Posted March 16, 2020 at 01:30 AM Share Posted March 16, 2020 at 01:30 AM 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, andtransportation of handguns and ammunition for handguns bylicensees are exclusive powers and functions of the State. Anyordinance or regulation, or portion thereof, enacted on orbefore the effective date of this Act that purports to imposeregulations or restrictions on licensees or handguns andammunition for handguns in a manner inconsistent with this Actshall be invalid in its application to licensees under this Acton the effective date of this Act. This Section is a denial andlimitation of home rule powers and functions under subsection(h) of Section 6 of Article VII of the Illinois Constitution. Link to comment Share on other sites More sharing options...
Bitter Clinger Posted March 16, 2020 at 01:50 AM Share Posted March 16, 2020 at 01:50 AM Or does that just apply to federal (not state, county, local) actions? The DRPPA was put in place after Katrina to specifically prevent local governments from seizing firearms.Remember, it was the Mayor of New Orleans that made the proclamation. Link to comment Share on other sites More sharing options...
Bo69 Posted March 16, 2020 at 01:59 AM Share Posted March 16, 2020 at 01:59 AM Looks like we need a Virginia protest right here.I'm carrying wherever we will take it to court. Link to comment Share on other sites More sharing options...
EdDinIL Posted March 16, 2020 at 02:56 AM Share Posted March 16, 2020 at 02:56 AM 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, andtransportation of handguns and ammunition for handguns bylicensees are exclusive powers and functions of the State. Anyordinance or regulation, or portion thereof, enacted on orbefore the effective date of this Act that purports to imposeregulations or restrictions on licensees or handguns andammunition for handguns in a manner inconsistent with this Actshall be invalid in its application to licensees under this Acton the effective date of this Act. This Section is a denial andlimitation 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. Link to comment Share on other sites More sharing options...
vito Posted March 16, 2020 at 02:37 PM Share Posted March 16, 2020 at 02:37 PM 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? Link to comment Share on other sites More sharing options...
Quiet Observer Posted March 16, 2020 at 03:08 PM Share Posted March 16, 2020 at 03:08 PM 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. Link to comment Share on other sites More sharing options...
vito Posted March 16, 2020 at 03:49 PM Share Posted March 16, 2020 at 03:49 PM 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. Link to comment Share on other sites More sharing options...
MagSlap Posted March 16, 2020 at 05:52 PM Share Posted March 16, 2020 at 05:52 PM Well...no surprise Elgin is on on this BS just as is Champaign... Hmmm...geee....I wonder...could there by anything in common? http://www.doodnet.com/images/everytownmayors.jpg Link to comment Share on other sites More sharing options...
steveTA84 Posted March 16, 2020 at 07:46 PM Share Posted March 16, 2020 at 07:46 PM Well...no surprise Elgin is on on this BS just as is Champaign... Hmmm...geee....I wonder...could there by anything in common? http://www.doodnet.com/images/everytownmayors.jpg How have I never seen this before????????? Thank you! Saved for a rainy day https://everytown.org/mayors/ Link to comment Share on other sites More sharing options...
vezpa Posted March 17, 2020 at 02:54 AM Share Posted March 17, 2020 at 02:54 AM When does Municipal law override State law or a court ruling ?Sanctuary City and illegal immigrants ring a bell? Link to comment Share on other sites More sharing options...
Mr. Fife Posted March 17, 2020 at 06:49 PM Share Posted March 17, 2020 at 06:49 PM Another one, she obviously learned nothing from Mayor Nagin. http://www.gunpowdermagazine.com/another-mayor-empowers-herself-to-ban-guns-during-crisis-despite-lawsuit-precedent/ Link to comment Share on other sites More sharing options...
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