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Winbigler v. Warren Co. Housing Authority - SAF suit over public housing gun ban (Illinois)


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Hi,

 

The relevant portion of LEOSA for both active and retired officers says:

 

"Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign

commerce, subject to subsection

 

‘‘( This section shall not be construed to supersede or limitthe laws of any State that—

‘‘(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

‘‘(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base,

or park."

 

Of course this really is a tangential issue -- the real concern is that anyone -- not jsut a LEO -- would be denied the right of self-defense in their own abode.

 

FWIW.

 

Rich Phillips

Edited by richp
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Would they disarm active duty police officers as well?

disarming retired and active duty police officers violates LEOSA federal law however they are also violating state and federal gun ownership law by denying him the right to bear arms which is made worse because it is government funded.

What would stop them from disarming an employed police officer.

Edited by borgranta
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  • 4 weeks later...

I thought the issue of gun ownership in public housing had been settled several years ago with a number of federal suits. Now, after McDonald, this should be a slam-dunk and another payday for SAF. What are they thinking down in Warren County?

 

 

Could you, or any other member who has the info., give me case numbers, links, or some more intelligence on these previous lawsuits, please? I'm trying to assemble some paperwork/background for an upcoming meeting. Thanks!

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  • 3 weeks later...

From Mr. Winbigler:

 

Valinda

I just voted and with much pleasure I voted for the IL. Concealed carry referendum.

We won our law suite on the 2nd and 14th amendment they gave us everything we requested. Now, we wait 2-3 weeks for the judge to make his order law. Hurray for our side. Thank you for all the work you and I am sure, your husband too, have done and are still doing.

Thanks, Ron

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Anyone see a copy of the ruling. Would love to read it. I mean this is of the variety of "2A in the HOME", but would be interesting to read anyway.
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  • 5 months later...

By the way, "Winbigler"... best name for a lawsuit ever!

 

I wonder if there is any way he could "Win Bigger?"

 

After reading the ruling, I understand why Judge Darrow didn't make the declaration of unconstitutionality. If I'm not mistaken, there is already precedent on the subject of firearms in public housing, especially if they receive federal funding. Still a big win for SAF and everyone in Illinois. The defendant folded and gave them everything they wanted.

 

-- Frank

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