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Daley won't say if 80-year-old will be charged under gun ban

Tvandermyde

By Tvandermyde
in Illinois Politics

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Tvandermyde Member

Tvandermyde

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http://www.chicagobreakingnews.com/2010/05/daley-wont-say-if-80-year-old-will-be-charged-under-gun-ban.html

 

Daley won't say if 80-year-old will be charged under gun ban

May 27, 2010 3

 

Mayor Richard Daley refused to say today whether an 80-year-old Army veteran who shot and killed an intruder will be charged under the city's handgun ban.

 

Asked about the possibility of charges, the mayor ended a news conference he had called about summer curfew in the city.

 

"I don't know. Thank you very much," Daley said and stepped away from the microphone. Before walking away, Daley acknowledged people's frustration over the issue of gun control but insisted "I don't think the answer is guns."

 

The homeowner was asleep with his 83-year-old wife and 12-year-old great-grandson when Anthony Nelson -- a parolee with a record of drug and gun arrests -- tried breaking into their East Garfield Park home, police say.

 

Nelson died from a gunshot wound to the chest, according to the Cook County medical examiner's office, which said Nelson died in a homicide--the death of a person at the hands of another person.

 

The homeowner told investigators that Nelson fired twice before he fired back. The homeowner had bought the gun after being robbed in his home last fall, according to relatives. Police questioned the man for several hours and released him without filing charges, though officials say the investigation is continuing.

 

The Cook County state's attorney's office has said it has not been contacted regarding pressing charges against the homeowner, but police would be able to charge the homeowner with a misdemeanor crime--such as a violation of city ordinance--without approval from the state's attonrey's office.

 

The man has been hailed as a hero by his family and neighbors, but Daley cautioned that "guns is not the answer to the problems that we see in a home, in the streets of America. It's as simple as that.

 

"I think everybody understands the frustration that people have in regards to guns, and that's an instance, and I think we understand that," Daley said. "But again, the access to guns in America, the access today is higher today than at any period of time in America."

 

Police today would say nothing more than that two guns were found at the scene of the home invasion, and that the homeowner has not been charged, but that the investigation is continuing.

 

-- John Byrne, Liam Ford

 

 

Tvandermyde Member

Tvandermyde

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here is the video link of daley not wanting to answer questions about the shooting

 

 

http://abclocal.go.c...837&pid=7465829

 

Paul Meincke

More: Bio, News Team May 27, 2010 (CHICAGO) (WLS) -- A deadly home invasion on the city's West Side has many debating the right to bear arms.

 

 

 

The homeowner protected his family by killing the intruder but Mayor Richard Daley says guns need to remain off the streets and the city's gun ban should be enforced.

 

The 80-year-old Korean War veteran who shot and killed the home invader has not wanted to talk publicly about the incident. His purchase of a handgun that he used early Wednesday morning would technically put him in violation of the city's handgun ban, which the U.S. Supreme Court has signaled it quite likely will overturn.

 

 

 

 

Related Content

Story: Police: Elderly man fatally shoots intruder

 

Story: City officials prepare for ruling on gun ban

 

Story: Daley: City anticipating gun ban overturn

 

Gun rights supporters say that what happened in the 600-block of North Sawyer is perhaps the best illustration yet of why they believe the Chicago handgun ban should go.

 

"I understand the situation and I understand. What I'm saying is all of us have to understand that guns is not the answer to problems we see in homes and on the streets of America. It's just has simple as that. Will he be charged? Can we get an explanation as to whether he'll be charged? Thank you," Mayor Daley told reporters during a news conference Thursday.

 

Neither the mayor nor police superintendent would comment on whether charges are even being considered. Police say they have custody of two guns taken from the scene, and that their investigation is ongoing.

 

"What should happen is he should get commended," said Otis McDonald, Chicago resident.

 

McDonald has strongly-held opinions on Wednesday's home invasion and shooting. McDonald is the lead plaintiff in the case before the Supreme Court challenging Chicago's 37-year-old handgun ban.

 

"This is something that's elementary. This is something that clearly justifies the right to have a handgun in your home," said McDonald.

 

Seven years ago, after a homeowner in north suburban Wilmette shot a home intruder where there was at the time a handgun ban. There followed some strong debate, and then some legislative action by the state.

 

In November 2004, the General Assembly passed legislation that would preclude criminal charges if a homeowner used a gun - ban or no - in self-defense, so long as that action occurred in the home, on their property, or in their place of business.

Heavy Member

Heavy

Posted
Posted

Wow. He didn't make sense. Guns are not the answer?

 

Maybe the good Mayor needs it explained a little more simply.

 

 

Bad man tried to kill good man. Good man shot bad man.

 

Good man alive. Bad man dead.

 

 

 

I don't think they will press any charges but man if they did...just imagine the storm that would cause.

 

Self defense is common sense. I swear that everyone I talk to about the right to self defense agrees.

 

 

Ours is not a fight as much as it is an educational crusade.

junglebob Member

junglebob

Posted
Posted
Maybe Daley will lead by example an give up his armed guards since guns aren't the answer. His answer for homeowners being shot at by intruders is to call 911 I am sure.
Federal Farmer Member

Federal Farmer

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Posted
He can't risk losing such a case yet he can't risk letting his 'subjects' know they can get away with it. He has to let the implied threat of charges hang out there.
Thirdpower Member

Thirdpower

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Posted

To be accurate, he said " Guns is not the answer".

 

Wow. He didn't make sense. Guns are not the answer?

 

Maybe the good Mayor needs it explained a little more simply.

 

 

Bad man tried to kill good man. Good man shot bad man.

 

Good man alive. Bad man dead.

 

 

 

I don't think they will press any charges but man if they did...just imagine the storm that would cause.

 

Self defense is common sense. I swear that everyone I talk to about the right to self defense agrees.

 

 

Ours is not a fight as much as it is an educational crusade.

Thirdpower Member

Thirdpower

Posted
Posted

To be accurate, he said " Guns is not the answer".

 

Wow. He didn't make sense. Guns are not the answer?

 

Maybe the good Mayor needs it explained a little more simply.

 

 

Bad man tried to kill good man. Good man shot bad man.

 

Good man alive. Bad man dead.

 

 

 

I don't think they will press any charges but man if they did...just imagine the storm that would cause.

 

Self defense is common sense. I swear that everyone I talk to about the right to self defense agrees.

 

 

Ours is not a fight as much as it is an educational crusade.

45superman Member

45superman

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Posted
Well, Mayor, if "guns 'isn't' the answer" to the question: "how can an 80-year-old man protect himself against an armed career criminal who has invaded his home and shot at him twice?" what is the answer?
Sigma Member

Sigma

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Posted

this is really irritating.

Illinois has a decent self defense law. But you cant have the tool to defend yourself.

Its like allowing smoke detectors but banning fire extinguishers.

Federal Farmer si right. But my question is what happens to those people charged and in jail for having a handgun.

Some might say well it was the law at the time of arrest. But was it the law if it was an unconstitutional law?

3 weeks til Daley smackdown.

After the ruling I will send him a letter that says "Muhahahahahah"

PPK Member

PPK

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Police say they have custody of two guns taken from the scene, and that their investigation is ongoing.

 

I'm hoping he gets his guns back. Any other part of the state and this wouldn't even be a question. Not exactly equal protection under the law.

Heavy Member

Heavy

Posted
Posted
Police say they have custody of two guns taken from the scene, and that their investigation is ongoing.

 

I'm hoping he gets his guns back. Any other part of the state and this wouldn't even be a question. Not exactly equal protection under the law.

 

 

I'm glad the police announced that the have disarmed this guy. Now all the criminals will know where to go...

 

If they don't give them back that neighborhood will be outraged and if they do then they are breaking their own law...

Ol'Coach Member

Ol'Coach

Posted
Posted

Wow. He didn't make sense. Guns are not the answer?

 

Maybe the good Mayor needs it explained a little more simply.

 

 

Bad man tried to kill good man. Good man shot bad man.

 

Good man alive. Bad man dead.

 

 

 

I don't think they will press any charges but man if they did...just imagine the storm that would cause.

 

Self defense is common sense. I swear that everyone I talk to about the right to self defense agrees.

 

 

Ours is not a fight as much as it is an educational crusade.

 

I like that...a lot!!!

jkrzos Member

jkrzos

Posted
Posted

Howdy,

 

Daley is an A$$, go over to the secondcitycop.blogspot, read what they have to say about Daley. Warning it can get a little risque, but very informative. Daley is a bumbling idiot, who graduated in the bottom half of his class and without R Eugene Pincham's help, He wouldn't have passed the bar exam. He wouldn't have been elected as State's Attorney, nor have become the Mayor if it weren't for Daddy(Richie J.)

 

Secondcity cop has some good articles in it, and they have mentioned illinoiscarry.com several times.

 

 

John Krzos

Jeff Johnson Member

Jeff Johnson

Posted
Posted
I'm feeling pretty good about this whole situation- the really awkward political position Daley is in, the place the bad guy ended up, and also the way it illustrates the failure of gun bans and the importance of armed self-defense at the same time.
Xwing Member

Xwing

Posted
Posted

He can't risk losing such a case yet he can't risk letting his 'subjects' know they can get away with it. He has to let the implied threat of charges hang out there.

 

Yep. He'll try to leave it ambiguous and wait for the press to die down. Then he will not press charges. Even Daley knows that going after this 80-yr-old veteran would poll poorly for him, but he doesn't want anyone else to actually have the gall to defend themselves.

thenewguy821 Welcome New Member

thenewguy821

Posted
Posted

To be accurate, he said " Guns is not the answer".

 

 

 

 

Howdy,

 

Daley is an A$$, go over to the secondcitycop.blogspot, read what they have to say about Daley. Warning it can get a little risque, but very informative. Daley is a bumbling idiot, who graduated in the bottom half of his class and without R Eugene Pincham's help, He wouldn't have passed the bar exam. He wouldn't have been elected as State's Attorney, nor have become the Mayor if it weren't for Daddy(Richie J.)

 

Secondcity cop has some good articles in it, and they have mentioned illinoiscarry.com several times.

 

 

John Krzos

 

Daley graduating in the lower half of his class couldn't be more evident than in his blatant butchering of the english language. It is amazing how so many people can follow this idiot blindly. It's only a matter of time until his reign is over.

Sigma Member

Sigma

Posted
Posted

What upsets me is the newspaper stated that he 80 yr old man returning home wore an Obama t-shirt.

What does that have to do with anything?

Also if Obama had his way this 80 yr old man would be dead.

As an Illinois State Senator, Barack Obama voted not once, but twice in opposition to Senate Bill 2165 The so-called “Hale DeMar Act” – named for a Wilmette, IL resident who shot a burglar with a handgun, a violation of Wilmette’s handgun ban – was passed in March 2004 on a 38-20 vote. Obama was one of the senators voting against the measure. After disgraced former Gov. Rod Blagojevich vetoed the bill, the Senate voted to override the veto on Nov. 9 by a vote of 40-18. Again, Obama was one of the opponents.

 

“That measure is now law,” Gottlieb noted, “and it should protect a courageous Chicago resident from being victimized twice, once by the man who tried to kill him and then by the Daley administration, that wants to keep him and other law-abiding citizens disarmed. If Obama had had his way in 2004, Wednesday morning’s hero would be today’s criminal.

kurt555gs Member

kurt555gs

Posted
Posted
What I didn't realize prolly because of intentionally poor press coverage is that the ARMED intruder actually took 2 shots with his gun at the homeowner before the 80 y/o shot once and killed him. This was not just a burglary, it was a gun fight! Why did we not hear about this right away?
mrjam2jab Member

mrjam2jab

Posted
Posted

What I didn't realize prolly because of intentionally poor press coverage is that the ARMED intruder actually took 2 shots with his gun at the homeowner before the 80 y/o shot once and killed him. This was not just a burglary, it was a gun fight! Why did we not hear about this right away?

 

 

Yep...the legendary gun ban didnt keep "a parolee with a record of drug and gun arrests" from getting one...now did it. B)

Federal Farmer Member

Federal Farmer

Posted
Posted

Has there been any confirmation about whether the gentleman had a FOID? I read a Gun Rights Examiner comment that indicated he had an expired FOID.

 

By my understanding, he'd be chargeable with a felony UUW if he doesn't have a FOID or it is expired. Hale DeMar law doesn't protect against that, by my admittedly layman's understanding.

kurt555gs Member

kurt555gs

Posted
Posted
My guess is that there would be a waiting line of lawyers associated with the NRA, ISRA, other alphabets willing to take his case pro-bono if he is charged. It would also be hard to believe that Daley is that stupid to insist on charges. Daley is already having enough problems with "preparation rifle", and "guns is the problem" to want to be in this hornets nest. One never knows though. Daley did have some guy in California arrested for calling and repeating back the "How bout I stick this" line for threats against a government employee. ( I never even knew that one existed ) Well, interesting how the actual public opinion is starting to come out of the closet as fear of Daley is waning.
45superman Member

45superman

Posted
Posted

That's the first I've heard of the possibility of an expired FOID. That was a comment at a GRE article? Which one?

 

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m5d28-Does-Mayor-Daley-dare-order-80yearold-gun-criminal-arrested?#comments

 

Ah--thanks. So the he's saying that it's Ayoob who said that. I'll have to see if I can find anything about that (does Ayoob have a blog?)

45superman Member

45superman

Posted
Posted

Found the Ayoob piece (there's even a link to one of mine in it!). Here's the relevant portion:

 

Meanwhile, an octogenarian Korean War vet in Chicago in the last few days used a firearm to shoot and kill a long-time felon (who apparently benefited from “catch and release” justice) who invaded the home the shooter shared with his wife of similar age. In rural America, that would earn a pat on the back from the county sheriff. In Daley’s Chicago, it has city authorities looking at whether they can criminally charge the old gentleman because his FOID card had expired, and because he used a handgun not currently registered under the “grandfather clause” in “handgun-free Chicago.” Public opinion is clearly with the vet: see LINK HERE.

 

Actually, I don't know if Ayoob is coming out and saying the FOID is expired, or just that they checked to see if it was.

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