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How have CCL violations of gun free zones been adjudicated in Illinois?


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#61 Mr. Fife

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Posted 16 June 2019 - 02:41 PM

We'll know the answer if this ever gets to trial... https://www.courtlis...omon-v-madigan/
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#62 Euler

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Posted 16 June 2019 - 03:03 PM

We'll know the answer if this ever gets to trial... https://www.courtlis...omon-v-madigan/


That case is challenging the constitutionality of the Forest Preserve prohibition based on a previous CCL violation. We already know the answer for how the CCL violation was resolved.

...
Plaintiff is currently licensed by the State of Illinois to carry a concealed firearm pursuant to the Illinois Concealed Carry Act. Plaintiff is 59 years old. On 4/30/2015 Plaintiff was licensed to carry a concealed weapon and went fishing in the Cook County Forrest Preserve. Plaintiff was stopped by the Cook County Sheriff Forrest Police in relation to his fishing activity. When questioned Plaintiff disclosed that he had a permit to carry and was armed with two concealed handguns. Plaintiff was arrested and charged with a violation of 430 ILCS 66/65 (a)(14). Plaintiff’s cause of action was dismissed after completion of community service with no adjudication of guilt, supervision, or finding of guilt. [People of The State Of Illinois V. Simon Solomon 15200153105 Circuit Court Of Cook County.]
...


TL;DR: A guy is charged in 2015 for carrying in Cook County Forest Preserve while fishing; He did community service prior to any verdict; The FCCA case was dismissed with no court supervision or verdict; Now he's challenging the prohibition itself in Federal District Court.

Edited by Euler, 16 June 2019 - 03:15 PM.

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#63 Mick G

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Posted 16 June 2019 - 03:46 PM

Mick G I think it would be great if you could share the exemption clause in the prohibited area statute with all your friends in law enforcement so they don't make false arrests. You know back in the day we had the same issue with Police Officers and other naysayers. They use to say that FOID carry was illegal!  They never READ the law that stated that carrying an encased or in a fanny pack unloaded hand gun with a loaded magazine by someone in possession of a FOID card was LEGAL! It took a false arrest and later a trial where the judge read the law and threw out the case to clarify this. Later the whole ban on carrying a loaded handgun was overturned and so now we finally have the right to carry in Illinois. 

 

I'm not sharing anything related to this topic with anyone. The part you missed (as usual) was I spoke with an ATTORNEY. That ATTORNEY was referred to me by my ATTORNEY and might end up representing someone who was arrested last week for an unintentional discharge in a restaurant bathroom and a suburban PD took his handgun and CCL. The ISP is in the process of revoking his CCL. I looked up where the Forest Preserve District Of Cook County Department Of Law Enforcement and saw that their barracks was literally a few miles from my house so I also sought clarification from them. They aren't friends, just LEOs.

 

Basically I don't care if you think the "exemption clause" voids (430 ILCS 66/65). Sec. 65. Prohibited areas. (a) (22) or gives you the ability to pick and choose what is "exempt". Feel free to use the "exemption clause" in anyway you want and then complain to the Feds. Oh wait I think that's a shoot on sight thing so have your estate argue it. He/she had every right to have a concealed handgun at the Braidwood Nuclear power plant, it's part of the "exemption clause". I have clarification from two sources on the subject and since I will end up paying an attorney for legal advice and spent my time talking with the Forest Preserve District Of Cook County Department Of Law Enforcement because I wanted absolute clarification, I wont be sharing the answer. You could be right or you could be wrong but you wont be finding out from me. I'm done with this silliness so you can respond until you pass out.

Have fun "traveling".



#64 mauserme

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Posted 16 June 2019 - 03:55 PM

Mick G I think it would be great if you could share the exemption clause in the prohibited area statute with all your friends in law enforcement so they don't make false arrests. You know back in the day we had the same issue with Police Officers and other naysayers. They use to say that FOID carry was illegal!  They never READ the law that stated that carrying an encased or in a fanny pack unloaded hand gun with a loaded magazine by someone in possession of a FOID card was LEGAL! It took a false arrest and later a trial where the judge read the law and threw out the case to clarify this. Later the whole ban on carrying a loaded handgun was overturned and so now we finally have the right to carry in Illinois.

 
I'm not sharing anything related to this topic with anyone. The part you missed (as usual) was I spoke with an ATTORNEY. That ATTORNEY was referred to me by my ATTORNEY and might end up representing someone who was arrested last week for an unintentional discharge in a restaurant bathroom and a suburban PD took his handgun and CCL. The ISP is in the process of revoking his CCL. I looked up where the Forest Preserve District Of Cook County Department Of Law Enforcement and saw that their barracks was literally a few miles from my house so I also sought clarification from them. They aren't friends, just LEOs.
 
Basically I don't care if you think the "exemption clause" voids (430 ILCS 66/65). Sec. 65. Prohibited areas. (a) (22) or gives you the ability to pick and choose what is "exempt". Feel free to use the "exemption clause" in anyway you want and then complain to the Feds. Oh wait I think that's a shoot on sight thing so have your estate argue it. He/she had every right to have a concealed handgun at the Braidwood Nuclear power plant, it's part of the "exemption clause". I have clarification from two sources on the subject and since I will end up paying an attorney for legal advice and spent my time talking with the Forest Preserve District Of Cook County Department Of Law Enforcement because I wanted absolute clarification, I wont be sharing the answer. You could be right or you could be wrong but you wont be finding out from me. I'm done with this silliness so you can respond until you pass out.
Have fun "traveling".


It would be better to leave hyperbole out of this. Your relentless sarcasm adds nothing to logical discussion, either.

There is no exemption in the FCCA for Federally prohibited locations. I think you already know that. Please tone it down.

#65 Mr. Fife

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Posted 16 June 2019 - 05:34 PM

Wait, we can carry at nuke plants now?
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#66 billzfx4

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Posted 16 June 2019 - 07:09 PM

Wait, we can carry at nuke plants now?

 

Only if you're fishing for three eyed bass.


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#67 Mr. Fife

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Posted 16 June 2019 - 07:18 PM

Bonus!
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#68 Plinkermostly

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Posted 17 June 2019 - 05:59 AM

sigh



#69 CHICAGO HANDGUN OWNER

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Posted 17 June 2019 - 07:42 AM

I'm going to keep on eye on this court case. I think it will be ruled in our favor. I think someone should file a lawsuit to get the right to carry on public transportation next after this incident on the South Side

https://www.foxnews.com/us/woman-with-concealed-carry-license-shoots-kills-would-be-robber-at-chicago-bus-stop-police-say.  This woman was carrying on public transportation and on this day it likely saved her life!  



#70 Euler

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Posted 17 June 2019 - 10:25 AM

Fixed url: Fox News: Woman with concealed carry license shoots, kills would-be robber at Chicago bus stop, police say
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#71 Euler

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Posted 17 June 2019 - 10:29 AM

Fixed url: Fox News: Woman with concealed carry license shoots, kills would-be robber at Chicago bus stop, police say


She probably carried on buses, but this shooting was at the bus stop, not on a bus.

...
The woman, who suffered minor injuries during the incident, is not expected to face charges.


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.


#72 Xwing

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Posted 17 June 2019 - 12:24 PM

She probably carried on buses, but this shooting was at the bus stop, not on a bus.

 

And the story said "near a bus stop".  So at the time when she saved her own life, she wasn't breaking the law.  (She would've been breaking the law a min later when the bus came, but they can't charge you because you will "break the law in the future".)  Of course, this is Illinois, so the "Though Police" may be the next bill in the General Assembly...


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#73 Smallbore

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Posted 17 June 2019 - 12:24 PM

I'm going to keep on eye on this court case. I think it will be ruled in our favor. I think someone should file a lawsuit to get the right to carry on public transportation next after this incident on the South Side
https://www.foxnews.com/us/woman-with-concealed-carry-license-shoots-kills-would-be-robber-at-chicago-bus-stop-police-say.  This woman was carrying on public transportation and on this day it likely saved her life!


More likely an unarmed brutally assaulted woman would have better results. Perhaps something like the Mary Sheppard case.

#74 Mr. Fife

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Posted 17 June 2019 - 06:30 PM

Some hooks, 20 yards of monofilament line, and a rubber worm in a sucrets metal survival tin beats a misdemeanor every time, I always say
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#75 Mr. Fife

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Posted 17 June 2019 - 06:35 PM

Establishing an online presence as a avid fisherman probably wouldn't hurt either. Here's a picture of the shéepshead I caught on a Mepps spinner. 5464722e7f639d352ba76ad1ce5dcc91.jpg
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#76 Mick G

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Posted 17 June 2019 - 10:22 PM

Establishing an online presence as a avid fisherman probably wouldn't hurt either. Here's a picture of the shéepshead I caught on a Mepps spinner. 5464722e7f639d352ba76ad1ce5dcc91.jpg

 

Do you eat what you catch or is it catch and release?



#77 Mr. Fife

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Posted 18 June 2019 - 06:36 AM

It depends on what I catch. The sheepshead goes back in the water.
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#78 Mick G

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Posted 18 June 2019 - 07:17 AM

It depends on what I catch. The sheepshead goes back in the water.

 

I was just wondering because they are supposed to be tasty. There are many fish I will eat and some that I will not. An example is smelt, I cannot stand smelt. My dad used to drag me to the lakefront in the middle of the night when the smelt were running. There were a bunch of people with their nets and lanterns. It's not "fishing" in the true sense and they are better of used as fertilizer.

Give me a nice rainbow trout and you had better watch your fingers.



#79 Mr. Fife

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Posted 18 June 2019 - 10:55 PM

Walleye, trout, crappie, bluegill and younger catfish are fish I usually keep if I'm lucky enough and they meet the size limits. Perch season just opened on Lake Michigan about a week ago Sometimes you never know what you are going to get even if you're targeting something else.
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#80 Mick G

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Posted 18 June 2019 - 11:05 PM

Walleye, trout, crappie, bluegill and younger catfish are fish I usually keep if I'm lucky enough and they meet the size limits. Perch season just opened on Lake Michigan about a week ago Sometimes you never know what you are going to get even if you're targeting something else.

 

I'm with you on the first three, bluegill are a pain to clean and I'm not a fan of catfish. But Ya hey there, a good Friday night perch dinner is a good time. Actually  when I was kid we went on a charter and my MOTHER held the record for the largest German Brown Trout caught in Lake Michigan for three years. No BS, I couldn't even make that one up.



#81 Euler

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Posted 19 June 2019 - 01:16 AM

Back on topic, here's a CCL violation: Move, move, move, your f*cking vehicle!

A Cook County Building maintenance worker threatened another driver with a handgun outside the Daley Center, then took the gun to his work locker in violation of the state's concealed carry law, according to prosecutors and police.

Police said a 39-year-old suburban man reported that he was in a car near the Daley Center's underground parking garage entrance around 10 p.m. on June 12th when county worker James Fadziejewski pointed a gun at him and said, "move, move, move, move your f*cking vehicle! I work here!"
...
Fadziejewski admitted to police that he had been in a verbal altercation with a man who was illegally parked in front of the garage entrance, officers said in a report, but he denied pointing a gun at the man.

When police asked if Fadziejewski had a weapon at work, he allegedly admitted that he did and then took police to his locker where officers recovered a loaded nine-millimeter handgun.

Prosecutors said Fadziejewski has a valid Firearm Owner's ID card and a concealed carry license.

Fadziejewski, of the Garfield Ridge neighborhood, is charged with misdemeanor aggravated assault with a deadly weapon and with having a firearm on local government property. Judge Susana Ortiz released him on a recognizance bond.
...


TIL: According to 720 ILCS 5/12-2, aggravated assault with a deadly weapon is a misdemeanor if you use a gun, but don't fire it.

Beyond a reasonable doubt could be difficult prove for the aggravated assault (the only witness is the victim and there's no evidence), but the FCCA violation should stick.
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- Albert Camus, Resistance, Rebellion, and Death, 1960.


#82 RoadyRunner

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Posted 01 July 2019 - 08:19 PM

The exemption is for a public right of way that crosses through or touches the Forest. It not that complicated. A public right of way is a trail. Look in the dictionary.
 
 
It says "A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law."


Editors.... because wrong...

Edited by RoadyRunner, 01 July 2019 - 08:23 PM.

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#83 C0untZer0

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Posted 01 July 2019 - 10:27 PM

I'm going to keep on eye on this court case. I think it will be ruled in our favor. I think someone should file a lawsuit to get the right to carry on public transportation next after this incident on the South Side

https://www.foxnews.com/us/woman-with-concealed-carry-license-shoots-kills-would-be-robber-at-chicago-bus-stop-police-say.  This woman was carrying on public transportation and on this day it likely saved her life!  

 

What are you going to keep your eye on?

 

There is no court case AFAIK...


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#84 CHICAGO HANDGUN OWNER

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Posted 04 July 2019 - 06:47 AM

 

I'm going to keep on eye on this court case. I think it will be ruled in our favor. I think someone should file a lawsuit to get the right to carry on public transportation next after this incident on the South Side

https://www.foxnews.com/us/woman-with-concealed-carry-license-shoots-kills-would-be-robber-at-chicago-bus-stop-police-say.  This woman was carrying on public transportation and on this day it likely saved her life!  

 

What are you going to keep your eye on?

 

There is no court case AFAIK...

 

I'm referring to the Solomon verses Madigan case regarding Cook County Forest carry






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