Kankakee county state's attorney Jamie Boyd on WKAN

[Satatic]

I don't know if they podcast but I was just listening to AM1320 morning show and they had Jamie Boyd on and they brought up concealed carry. Jamie Boyd says after the UUW laws expire you can't just carry a gun. He said they are working on local ordinances for restrictions on where you can carry. Sounds like we got a problem.

[cm.stites]

weve been saying that all along constitutional carry is pretty much null and void in any municipality that is a homerule.....but people dont wanna listen because they think it trumps the rights of homerule when it doesnt. illinois is not a preemptive state.

[Satatic]

Just want to say that I just heard you on WKAN saying that after the UUW laws expire I can't just carry a gun. I would like to know exactly what you plan on charging people with? As you know keeping and bearing arms is a civil right guaranteed by the second amendment. Keep means to own and bear means to carry. Are you prepared to defend against civil rights lawsuits? How will you prosecute me for exercising my first amendment rights?

Only dollar I have ever spent on facebook but worth it.

[cm.stites]

you wasted your dollar.. if they put ordinances in place you have to follow those and can have charges filed against you for violating em.

[Patriots & Tyrants]

weve been saying that all along constitutional carry is pretty much null and void in any municipality that is a homerule.....but people dont wanna listen because they think it trumps the rights of homerule when it doesnt. illinois is not a preemptive state.

 

Pretty much this, some localities have laws on the books, including downstate localities that prohibit carry. It would/will be a nightmare patchwork of "hot lava" for people who want to carry. And god help you if you get pulled over by the ISP even in a place with no law on the books, no idea yet if they will actually abide by the court ruling.

 

Even those localities who outright do not ban carry often ban the discharge of firearms, PERIOD inside their borders so if you had to defend yourself there is yet another charge.

 

This is why, no matter where you live, no matter if you know it or not, you NEED a good carry bill to be passed.

[TyGuy]

Meh, it's all talk until we go over the cliff and they realize that they will be held PERSONALLY liable for civil rights violations. I think such talk is a way to intimidate us not to carry and to intimidate the legislature to pass SOMETHING.

[cm.stites]

its not a civil rights violation.. without living in a pre emptive state theres not a single violation for them to limit it. if you believe its a civil rights violation go walk around your town now with it and see what happens. you wont like the outcome. with no supreme court ruling saying that its a right your gonna have a tough court battle over it.

[patriot1776]

its not a civil rights violation.. without living in a pre emptive state theres not a single violation for them to limit it. if you believe its a civil rights violation go walk around your town now with it and see what happens. you wont like the outcome. with no supreme court ruling saying that its a right your gonna have a tough court battle over it.

You think a ruling by the SCOTUS will stop some of these cities and counties ? They will say, go ahead and file a suit we don't care. They don't pay anything with their money, if they need more cash , they raise fees, taxes or make new taxes .

[cm.stites]

thats the point they dont care and theres no ruling to go against em so far... so you may spend all of your money fighting it. then even if you win.. your still gonna be paying for it because the moneys partly yours anyways.

[TyGuy]

Agree to disagree.

[TyGuy]

We are disinclined to engage in another round of historical

analysis to determine whether eighteenth-century

America understood the Second Amendment to include

a right to bear guns outside the home. The Supreme

Court has decided that the amendment confers

a right to bear arms for self-defense, which is as

important outside the home as inside. The theoretical

and empirical evidence (which overall is inconclusive)

is consistent with concluding that a right to

carry firearms in public may promote self-defense.

[Satatic]

So you guys are saying that any homerule municipality can in theory pass laws against my freedom of speech and religion and it would not be a civil rights violation? Why doesnt cook county go ahead and pass an ordinance against the 4th so they can take care of the criminal problems without having to wait on warrants?

[cm.stites]

 

We are disinclined to engage in another round of historical

analysis to determine whether eighteenth-century

America understood the Second Amendment to include

a right to bear guns outside the home. The Supreme

Court has decided that the amendment confers

a right to bear arms for self-defense, which is as

important outside the home as inside. The theoretical

and empirical evidence (which overall is inconclusive)

is consistent with concluding that a right to

carry firearms in public may promote self-defense.

 

thats posners ruling which isnt in effect hasnt been put into effect thus is null and void at this point.. if certs filed and the stay is granted its still null and void. and posners ruling also said reasonable restrictions which means the cities that are home rule can restrict it.. dont just pick and choose a section to prove a point without including the rest of it. and it was posner that said it extends outside the home... not the supreme court rulings.Posners ruling doesnt become the law of the land until the 9th if a bill isnt passed or until the supreme court denies cert.

[cm.stites]

So you guys are saying that any homerule municipality can in theory pass laws against my freedom of speech and religion and it would not be a civil rights violation? Why doesnt cook county go ahead and pass an ordinance against the 4th so they can take care of the criminal problems without having to wait on warrants?

until posners ruling fully becomes the law of the land yes. and in his very own ruling he said "reasonable" restrictions. its not unlimited and illinois isnt a preemptive state which means you wont get true constitutional open carry. there are certain restrictions that can be done by homerules to further restrict a state law.( which if there isnt one in place they can make thru ordinances). and is perfectly legal...noone really wants cc for a reason. that reason is HOMERULE in a non preemptive state.

[TyGuy]

I don't know if they podcast but I was just listening to AM1320 morning show and they had Jamie Boyd on and they brought up concealed carry. Jamie Boyd says after the UUW laws expire you can't just carry a gun. He said they are working on local ordinances for restrictions on where you can carry. Sounds like we got a problem.

The original discussion is about what happens AFTER the UUW laws expire, so we are talking after June 9th here. Of course that depends on what happens with a stay, but unless a stay is granted then UUW is gone, and according to the 7th's ruling it's a civil right.

[CCR74]

The City of Kankakee is home rule, but Kankakee County is not on the list of home rule entities. Has the County passed a referendum to become home rule recently?

 

Here's the list from the IL SOS website:

 

http://www.cyberdriveillinois.com/publications/pdf_publications/ipub11.pdf

[cm.stites]

any town over 25000 in kankakee county can be

I don't know if they podcast but I was just listening to AM1320 morning show and they had Jamie Boyd on and they brought up concealed carry. Jamie Boyd says after the UUW laws expire you can't just carry a gun. He said they are working on local ordinances for restrictions on where you can carry. Sounds like we got a problem.

The original discussion is about what happens AFTER the UUW laws expire, so we are talking after June 9th here. Of course that depends on what happens with a stay, but unless a stay is granted then UUW is gone, and according to the 7th's ruling it's a civil right.

which wont be decided till after cert is either denied or scotus rules affirming its a right... if no carry bill is passed you be sure madigan will file for cert with a stay with the 7th and with scotus. which means nothing changes come june 9th till scotus rules one way or the other.there will be no going over the cliff madigan wont allow it. they will either pass something or lisa will be forced to protect daddy and file for cert.

[cm.stites]

The City of Kankakee is home rule, but Kankakee County is not on the list of home rule entities. Has the County passed a referendum to become home rule recently?

 

Here's the list from the IL SOS website:

 

http://www.cyberdriv...ions/ipub11.pdf

most of the towns in kankakee county have been voting to become home rules over the past 5 or 6 years.sammons point is the latest to become homerule back in 2010 i think it was.aroma defeated the vote to become home rule... the county ordinances will apply to anything that is considered county jurisdiction. and the cities can choose to add ordinances or not too.they dont even have to be a home rule to do so. and thats not a complete list theres alot of towns that are homerule missing from it.

[CCR74]

The City of Kankakee is home rule, but Kankakee County is not on the list of home rule entities. Has the County passed a referendum to become home rule recently?

 

Here's the list from the IL SOS website:

 

http://www.cyberdriv...ions/ipub11.pdf

most of the towns in kankakee county have been voting to become home rules over the past 5 or 6 years.sammons point is the latest to become homerule back in 2010 i think it was.aroma defeated the vote to become home rule... the county ordinances will apply to anything that is considered county jurisdiction. and the cities can choose to add ordinances or not too.they dont even have to be a home rule to do so. and thats not a complete list theres alot of towns that are homerule missing from it.

 

My point was that the County can't enact their own ordinance, so the unincorporated areas will be state law. Just a point to the original post... Kankakee County can't make it's own ordinances unless it goes home rule, which it currently is not.

[jester121]

A lot of people are confused about the relationship between home rule, preemption, and passing ordinances.

[cm.stites]

The City of Kankakee is home rule, but Kankakee County is not on the list of home rule entities. Has the County passed a referendum to become home rule recently?

 

Here's the list from the IL SOS website:

 

http://www.cyberdriv...ions/ipub11.pdf

most of the towns in kankakee county have been voting to become home rules over the past 5 or 6 years.sammons point is the latest to become homerule back in 2010 i think it was.aroma defeated the vote to become home rule... the county ordinances will apply to anything that is considered county jurisdiction. and the cities can choose to add ordinances or not too.they dont even have to be a home rule to do so. and thats not a complete list theres alot of towns that are homerule missing from it.

 

My point was that the County can't enact their own ordinance, so the unincorporated areas will be state law. Just a point to the original post... Kankakee County can't make it's own ordinances unless it goes home rule, which it currently is not.

the county can put ordinances in place whether they are homerule or not.... and with him being the states attorney for kankakee id bet hes working with the towns within his county to do so.

[CCR74]

CW - Not looking to get into a long, drawn out discussion on what types of ordinances, etc... Merely pointing out that the County is not home rule. I agree that they can still enact certain ordinances without being home rule, but can't ban CCW or require their own license endorsement.

[fubarud]

If we go over the cliff, I'll be carrying. The CA7 stated that that that the state's ban on carry was illegal. That also means that any part of the state (towns & counties) can't ban carry either. If we are all afraid of carrying and want to wait for a GOOD bill to be passed, we will be waiting a long, long time. I see no reason Chicago will buckle and agree to vote for a statewide preempt bill even if we go over the cliff.

 

A lot of people say here that the police are overwhelmingly on our side, if that is truly the case then they should not be worried.

[ming]

 

A lot of people say here that the police are overwhelmingly on our side, if that is truly the case then they should not be worried.

 

I'm not so trusting.

[mjw45]

Thanks for the heads up.

One more thing to point out to people when they say they don't bother with local elections because they don't matter.

I live in Manteno, Kankakee County. The one place that I go that I really want to carry is the city of Kankakee. Listen to the local news there is always stories of shootings.

I will be contacting the States Attorney about this.

Just think a few miles more south of me in Iroquois County the States Attorney and Sheriff are pro carry.

Local elections do count.

 

Matt

[POAT54]

I did look at a few of the "Home Rule" Laws on carrying guns. Some of what I saw was banned "according to state laws".

 

But I am sure they will all try and write and pass NEW laws between June 1st and 9th.

[scout26]

Meh, it's all talk until we go over the cliff and they realize that they will be held PERSONALLY liable for civil rights violations. I think such talk is a way to intimidate us not to carry and to intimidate the legislature to pass SOMETHING.

 

This. What we'll have to do is anytime any .gov body talks about passing and restrictive ordinance is tell them (and be prepared) to file 1983 lawsuits against each and every member that votes to suppress civil rights. Once enough suits are filed (and using the EZELL ruling as precidence) then it will pour encourager les autres.

 

We will have to remain on the offensive.

[bigwilli]

May issue and carve outs in this state is just like having no right to bear arms. There will be several cities and counties in which most of the population live, that will create may issue carve outs so onerous that you could never get a permit. NY and Hawaii are the examples for such an environment.

[Talonap]

If we go over the cliff, I'll be carrying. The CA7 stated that that that the state's ban on carry was illegal. That also means that any part of the state (towns & counties) can't ban carry either. If we are all afraid of carrying and want to wait for a GOOD bill to be passed, we will be waiting a long, long time. I see no reason Chicago will buckle and agree to vote for a statewide preempt bill even if we go over the cliff.

 

A lot of people say here that the police are overwhelmingly on our side, if that is truly the case then they should not be worried.

Correct, they can not have a total ban. However, they can have all the stupid restictions they can think of. You can't carry on the sidewalk, have to use a revolver with only one round, have to use only a right handed gun with pink grips - but you can still carry...

[WCD]

A lot of people say here that the police are overwhelmingly on our side, if that is truly the case then they should not be worried.

 

I hope you aren't in Cook County, then. Even as a police dispatcher for Chicago (*ugh*) married to a Chicago cop, there's no way in heck I'd carry here without something concrete on the books.

 

A majority of cops may be on our side, but you don't want to come across one of the minority who doesn't. Keep in mind, there are police officers who'll write each other (and their own mothers) traffic tickets, with no regard for any kind of "professional courtesy." Not the kind of person you'd want to have stop you while you're carrying in this climate with the state shyster's office still bragging about how they're going to prosecute people.