Jump to content

People v. Mosley Cook Co. AGUUW


Tvandermyde

Recommended Posts

Constitutional carry with pre-emption would be fine.

 

Preemption is the kicker. How unfun would it be getting arrested for being pulled over on 294 for the breif little stretch through Chicago?

 

Don't speed, obey all traffic laws, and hope they don't make up an excuse to stop you.

 

If they do, you could become our new hero when you take them to court for violating your second amendment rights. :)

Link to comment
Share on other sites

Constitutional carry with pre-emption would be fine.

 

Preemption is the kicker. How unfun would it be getting arrested for being pulled over on 294 for the brief little stretch through Chicago?

 

Well, personally the only way I would find out is if the hearse hauled me to Chicago while the mortician slipped a piece in the coffin with me -- 'cause that's the only way you will ever get me up there again. It's a matter of personal pride...

 

But for you good folks who are trapped up there I strongly support preemption....

Link to comment
Share on other sites

Well, personally the only way I would find out is if the hearse hauled me to Chicago while the mortician slipped a piece in the coffin with me -- 'cause that's the only way you will ever get me up there again. It's a matter of personal pride...

 

But for you good folks who are trapped up there I strongly support preemption....

 

ABSO-DAM-LUTLEY

Link to comment
Share on other sites

It may seem to most that Chicago/Cook are the only Illinois areas opposed to carry, I really do believe that if any Counties/Cities/Villages are allowed to opt out that you will see a new fight when many other places try and pull the same opt out crap. Parts of Dupage, Lake and Will will come first. Remember Cook County BS is like a disease that spreads and its influence everywhere in this state is blatantly apparent. Rockford, Champaign/Urbana and Carbondale pop into my head also as areas that aren't exactly "gun-friendly" and could go soon after.

 

The next time some fool makes National attention with a shooting, your City/County/Village could be next. We need to look ahead and anticipate these things happening and prepare for them. Don't just stare at what is right before your eyes in your little town or area and think everything is OK. Look at what is happening in Colorado right now. Who would haveever thought? JM2cents.

Link to comment
Share on other sites

I'm 99% sure constitutional carry will not happen in Illinois. Even if we get shall issue, the politicians will have some control on who gets to carry. Without a law, any foid holder gets to carry. Not that that's a bad thing, but I think the public would freak out when the media let's loose that anyone can carry because politicians failed to craft a law.
Link to comment
Share on other sites

I hadn't heard about this ruling, but abolt brought me up to speed today. Made for a very enjoyable lunch together. I continue to be amazed at these things that pop up time to time even right there in Chicago. It seems there have been a few as of late, like this and a couple people using justified use of force in the home then it turns out they didn't have a CFP yet don't get charged. Things like this suggests there may be hope even for that heck hole.
Link to comment
Share on other sites

Kirk Dillard is in the Senate and I only know what I read in the funny papers Abolt.

I made a post three years ago and I think I made abolt mad at me. In fact, I had to go look up the public act with the number etc. Hmmm Oh, well.

 

I know that Todd has supported Dillard in the past so I may have hacked him off too. Didn't mean to do that, but facts are facts. This guy may be worthy of our support, but we should not ignore his warts.

 

http://www.infowars....son-gun-owners/

 

Illinois Senator Wants to Imprison Gun Owners

 

May 5, 2010

 

The Illinois General Assembly has passed HB 5832 a Bill that makes carrying a firearm in Illinois without a valid FOID card a mandatory 1-3 years in prison.

Under current law, carrying a weapon without a valid FOID card allowed for probation but once enacted the new law removes any and all chances of probation even for a first time offense. The Bill has yet to be signed by the Governor but it appears to be a done deal unless a grassroots effort is made to stop it.

The new law was sponsored in the Illinois Senate by Kirk Dillard, who was recently endorsed by the ISRA for Governor on the republican ticket.

HB5832 sounds like a strong tool to fight crime until you actually read the “Aggravated Unlawful Use of a Weapon” Law in Illinois. Under section 24-1.6 the mere carrying of a firearm is considered an Aggravated offense. This includes carries on or about ones person or in any vehicle

 

This law made hunting on an expired FOID, a felony with mandatory jail time. Many people have found themselves in this situation. It happens the same as it happens with drivers licenses. People just get busy with life and forget.

Link to comment
Share on other sites

Maybe our anti-constitution legislatures can quit playing games with their amendments and get that 997 out there and passed

 

I'd settle for HB1155 with all amendments stripped off except HFA 27!

 

Do not ever settle. If we are going to settle, it should be for Constitutional carry. Never encourage our legislators to vote for a bad bill

Link to comment
Share on other sites

Am I missing something? It seems like the court was essentially saying that the mere possession of a firearm does not qualify as a crime punishable as a felony. Is that an over reach on my part?

 

Yeah, basically with a hook... He said that they can charge you with either a misdemeanor or a felony with a mandatory 1 year in prison for the exact same crime with no additional qualifiers or circumstances necessary to be charged with a felony over the misdemeanor, thus disproportionate penalties for the same crime and a violation of your 8th Amendment Rights...

 

Off topic - So the mandatory jail time for speeding bill is OK because it sets 30 mph over the limit as a qualifier for a felony with 6 months in jail?

Hopefully somebody will respond to this because I do not understand how the speeding bill differs so much as far as the Constitutionality of the law.

Link to comment
Share on other sites

 

Off topic - So the mandatory jail time for speeding bill is OK because it sets 30 mph over the limit as a qualifier for a felony with 6 months in jail?

Hopefully somebody will respond to this because I do not understand how the speeding bill differs so much as far as the Constitutionality of the law.

 

The way I read this is this. Imagine you had 2 Speeding laws. one said 30 MPH over you get a ticket and the other says felony and 1 year in jail. Same act, nothing else. just two state laws and is arbitrary which one the cop or prosecutors charge you with.

 

Which law did you break? If both, and they are both identical how can one be a simple ticket and the other a mandatory year in jail?

 

That is what he pointed out here. You have two laws and can be charged with either one, but very different penalties and no difference in why you get a Mis A or a Felony.

 

(Besides that fact that he also said that the law requires a 20 Year old to have a FOID but does not allow the 20 Year old to get a FOID without a parent... I didnt know that BTW. But I cant believe it. I was in the military at 17 and cant believe at 19 or 20 the state of illinois would have had me get a signature from my mommy for a FOID card... A 3 year active duty member of the military asking his mommy for a signature on a FOID card?

 

And dont say it doesnt happen here. I had plenty of friends that were stationed at great lakes for A school and perm duty up there.

Link to comment
Share on other sites

From Second City Cop.

 

 

Sunday, March 24, 2013

 

Aggravated UUW Unconstitutional?

 

 

Looks like it might be - and by a Cook County judge no less. From our friend Todd Vandermyde and the people over at IllinoisCarry.com:

  • there is a new case I received in the mail today so some of the legal types might want to pul it up and post it here.
     
    People v. Donta Mosley
    decided 3/15/13
    cook county criminal division
    12-CR-5646-01
    Judge Michael Brown
     
    20 year old on a AG UUW. Judge says sentencing guide lines require mandatory 1 year, because minor with gun, NO FOID.
     
    But finds that 18, 19 & 20 years olds can't sign for their own FOID and creates due process violation and declares 720 ILCS 5/24-1.6 6(d)(2) unconstitutional.
     
    thy also find the disproportionate penalties and again declares the AGG UUW unconstitutional
     
    WOW
     
    then goes onto say unconstitutional on its face AND as applied
     
    he gets a Class A at the end of it.

The discussion gets rather involved throughout the message board, but a number of people with more info than we have say this has major ramifications for any number of bills currently up for discussion, including Concealed Carry - ramifications that will hinder the gun-grabbers.

 

Check back with IllinoisCarry.com and the ISRA website for updates as the legislature stumbles through their dog-and-pony show.

 

And look for a bulletin from Legal Affairs about this - they'll have to address it in short order.

Labels: gun issues, info for the police

 

http://secondcitycop.blogspot.com/

Link to comment
Share on other sites

It may seem to most that Chicago/Cook are the only Illinois areas opposed to carry, I really do believe that if any Counties/Cities/Villages are allowed to opt out that you will see a new fight when many other places try and pull the same opt out crap. Parts of Dupage, Lake and Will will come first. Remember Cook County BS is like a disease that spreads and its influence everywhere in this state is blatantly apparent. Rockford, Champaign/Urbana and Carbondale pop into my head also as areas that aren't exactly "gun-friendly" and could go soon after.

 

The next time some fool makes National attention with a shooting, your City/County/Village could be next. We need to look ahead and anticipate these things happening and prepare for them. Don't just stare at what is right before your eyes in your little town or area and think everything is OK. Look at what is happening in Colorado right now. Who would haveever thought? JM2cents.

I think you are EXACTLY right. 30 years ago, no, but that was a generation ago, and today there are SO many more people who have no experience whatsoever with firearms, not personally, not indirectly through other family, extended family, and friends. So they are ignorant and indifferent. And ignorant and indifferent people will not stop the antis. And yes, Crook County BS is spreading. I lived in Lake or Cook since 1995 and I've seen it spread in that time.
Link to comment
Share on other sites

I love this case - this may become a lot bigger than any of us anticipate (with the exception of Todd!!)

 

That said, the 7th CA gave the ILGA 180 days to come up with a "reasonable" carry bill - to me that means passed by both houses and signed into law. Don't know that for sure but that's what I see. Constitutional carry without a "reasonable" law in place stands in violation of the court's order - am I incorrect?

 

Also - carving out zip codes from RTC would also stand in violation of the 7th's direction of "reasonable" along with may issue (some get to exercise their rights, while some don't based on the rationale of some bureaucrat)... Someone tell me what I'm missing here...

 

I want to see Madigan, Cullerton and all the anti-gun Dems in Cook Co go down in flames with a lawsuit back in court over not passsing a reasonable bill as directed.

Link to comment
Share on other sites

Maybe our anti-constitution legislatures can quit playing games with their amendments and get that 997 out there and passed

 

I'd settle for HB1155 with all amendments stripped off except HFA 27!

 

Do not ever settle. If we are going to settle, it should be for Constitutional carry. Never encourage our legislators to vote for a bad bill

 

You need to READ HFA 27 and compare it to the initial HB997. If you would, you'd discover that it's HB997 language. That's why I said I'd "settle" for it. If you get HB1155 with ONLY HFA27 on it, you would effectively have HB0997 with the tweaks that we put on it.

Link to comment
Share on other sites

I love this case - this may become a lot bigger than any of us anticipate (with the exception of Todd!!)

 

That said, the 7th CA gave the ILGA 180 days to come up with a "reasonable" carry bill - to me that means passed by both houses and signed into law. Don't know that for sure but that's what I see. Constitutional carry without a "reasonable" law in place stands in violation of the court's order - am I incorrect?

 

Also - carving out zip codes from RTC would also stand in violation of the 7th's direction of "reasonable" along with may issue (some get to exercise their rights, while some don't based on the rationale of some bureaucrat)... Someone tell me what I'm missing here...

 

I want to see Madigan, Cullerton and all the anti-gun Dems in Cook Co go down in flames with a lawsuit back in court over not passsing a reasonable bill as directed.

 

Moore allows them 180 days to pass a reasonable law, it does not require them to pass any law whatever. The decision simply invalidates parts of the UUW and AGUUW law dealing with the possession of guns outside the home. The language signals that if this matter comes before CA7 again, the state is likely to get slapped up side the head by the appeals court. It's also a signal to the district courts as to how they should rule when the ILGA's crap comes before them. The issues will have to come up through the courts from lawsuits/requests for injunctions as they are filed by the NRA/SAF/ISRA.

Link to comment
Share on other sites

You need to READ HFA 27 and compare it to the initial HB997. If you would, you'd discover that it's HB997 language. That's why I said I'd "settle" for it. If you get HB1155 with ONLY HFA27 on it, you would effectively have HB0997 with the tweaks that we put on it.

 

Yeah and it'd have Madigan's name on it.Wouldn't that be a hoot? :frantics:

Link to comment
Share on other sites

Was anybody planning on retrieving a hard copy or able to find a copy online? If not, I can try to get a copy tomorrow when I'm out or Tuesday after the breakfast at the Union League Club.

 

Can one of the legal types find an electronic version of it?

 

I looked on PACER and didn't see it, also looked on the courts website and couldn't find it... I think it's going to take someone requesting a hard copy and scanning it in, or making a trip downtown to pick up a copy...

 

Looks to me like no one found it online (I looked and couldn't find it either) so if you were willing to do that I'm sure it would be greatly appreciated.

 

I don't know it Todd was going to get a copy or not.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...