mcspider Posted January 13, 2015 at 07:45 PM Share Posted January 13, 2015 at 07:45 PM From Highland Park News... http://highlandpark.chicagotribune.com/2015/01/12/police-blotter-highland-park-man-cited-citys-assault-weapons-ban/ WEAPONS OFFENSETheodore McKenzie, 28, of the 600 block of Euclid Avenue, Highland Park, was cited Jan. 10 for possession of ammunition magazines with a capacity of more than 10 rounds in violation of the city’s ban on assault weapons. The ammunition was discovered during a traffic stop on the 500 block of Central Avenue. The ban was enacted by the city of Highland Park in 2013 and upheld by a federal court judge this past October. McKenzie is due to appear at an administrative hearing at city hall on Feb. 19. He also was charged with possession of marijuana and driving with an expired registration. His court date on those charges is Feb. 11 Link to comment Share on other sites More sharing options...
mcjon77 Posted January 13, 2015 at 07:52 PM Share Posted January 13, 2015 at 07:52 PM INTERESTING. There is no mention of possession of a firearm without a FOID. That leads me to suspect that either a) he had a firearm and a valid FOID or he was just carrying mags. If they were rifle mags then I can see how the AWB would be valid. However, wouldn't state law preempt the issue with pistol mags? Maybe Highland Park is testing the waters. Link to comment Share on other sites More sharing options...
ghk012 Posted January 13, 2015 at 07:56 PM Share Posted January 13, 2015 at 07:56 PM I guess that answers the question of whether HP is going to enforce the magazine ban with greater than 10 rounds. Too bad he had some pot on him, I would have like to have seen the sole arrest based on the Illegal municipal law HP has enacted. Link to comment Share on other sites More sharing options...
Davey Posted January 13, 2015 at 08:02 PM Share Posted January 13, 2015 at 08:02 PM INTERESTING. There is no mention of possession of a firearm without a FOID. That leads me to suspect that either a) he had a firearm and a valid FOID or he was just carrying mags. If they were rifle mags then I can see how the AWB would be valid. However, wouldn't state law preempt the issue with pistol mags? Maybe Highland Park is testing the waters.All mags are pistol mags. All mags are rifle mags. Link to comment Share on other sites More sharing options...
rubicon Posted January 13, 2015 at 08:05 PM Share Posted January 13, 2015 at 08:05 PM Interesting indeed, now the issue of it going to an Administation Hearing... not to the County Court House, Hmmm. This eliminates the need for a Prosecutor to give the go ahead... because it never reaches the County Prosecutor! Boy's, this is why you NEVER want to live in a Home Rule Community! Link to comment Share on other sites More sharing options...
ghk012 Posted January 13, 2015 at 08:08 PM Share Posted January 13, 2015 at 08:08 PM Highland Parks AWB municipal law clearly says that the 10 round magazine limitation applies to handguns and rifles. I hope Rep Scott Drury is happy getting this law pushed through in a panic and allowing the law to regulate handguns, which the state clearly said the citys didn't have the right to regulate. No HP can spend more money on defending another aspect of the Drury AWB panic. Link to comment Share on other sites More sharing options...
miztic Posted January 13, 2015 at 08:13 PM Share Posted January 13, 2015 at 08:13 PM I didn't read the law in depth, but isn't there a grandfather clause? how can this whole thing be constitutional without a grandfather clause? Link to comment Share on other sites More sharing options...
ghk012 Posted January 13, 2015 at 08:16 PM Share Posted January 13, 2015 at 08:16 PM I missed that it was going to be an administrative hearing. The administrative hearing system is a scam. HP railroads you into paying an equivalent to a large parking ticket fine where all the revenue goes to the city. Alternatively, you may be able to request a "real" court date, in which case, the re-issue the offense ticket in a state charge and you then have to go to another hearing in front of a real judge. The scam is that no sane person will take another day off to fight a ticket that has court costs and fines that could go on your record versus paying the HP city hall "bribe" and getting the whole incident behind them. Link to comment Share on other sites More sharing options...
soundguy Posted January 13, 2015 at 08:23 PM Share Posted January 13, 2015 at 08:23 PM I didn't think grandfathers were a constitutionally protected class... Link to comment Share on other sites More sharing options...
rubicon Posted January 13, 2015 at 08:23 PM Share Posted January 13, 2015 at 08:23 PM I missed that it was going to be an administrative hearing. The administrative hearing system is a scam. HP railroads you into paying an equivalent to a large parking ticket fine where all the revenue goes to the city. Alternatively, you may be able to request a "real" court date, in which case, the re-issue the offense ticket in a state charge and you then have to go to another hearing in front of a real judge. The scam is that no sane person will take another day off to fight a ticket that has court costs and fines that could go on your record versus paying the HP city hall "bribe" and getting the whole incident behind them.Too bad we don't have more asshats like me, that would like to do a Washington State kind of demonstration on the front lawn of the HP City Hall. 1,000 strong, wearing Magpul Mags as a form of Civil Disobedience. Link to comment Share on other sites More sharing options...
JackTripper Posted January 13, 2015 at 08:24 PM Share Posted January 13, 2015 at 08:24 PM Poor guy. Link to comment Share on other sites More sharing options...
Elmer Fudd Posted January 13, 2015 at 08:29 PM Share Posted January 13, 2015 at 08:29 PM I didn't read the law in depth, but isn't there a grandfather clause? how can this whole thing be constitutional without a grandfather clause?There is no requirement as a general concept that a law contain a "grandfather" provision which is very different from an ex post facto statute. Link to comment Share on other sites More sharing options...
lawman Posted January 13, 2015 at 09:01 PM Share Posted January 13, 2015 at 09:01 PM The wabbit hunter is correct. Link to comment Share on other sites More sharing options...
domin8 Posted January 13, 2015 at 09:55 PM Share Posted January 13, 2015 at 09:55 PM Fudd is correct. The Highland Park AWB requires that the firearms in the city prior to 12/13 be removed. The law can't, and doesn't, force you to sell the firearms. It just makes you store it outside of the city limits. Concerning the location of this incident, could somebody post a map of the corporate boundaries of Highland Park and Highwood? I having difficulty doing that on my phone. This is very close to the border of Highwood, and I think this might be in Highwood's jurisdiction. Highwood has their own PD and city hall, right across the train tracks from this location. Ironically, this is very near to Drury's office too. I drive through this area daily on my way to/from work. Could Highland Park PD have overstepped is boundaries here? Link to comment Share on other sites More sharing options...
DD123 Posted January 13, 2015 at 10:06 PM Share Posted January 13, 2015 at 10:06 PM Too bad he had some pot on him, I would have like to have seen the sole arrest based on the Illegal municipal law HP has enacted. I agree. Say he didn't have the pot on him, had a valid FOID, they were handgun mags, and he was arrested, the very first thing I'd do is find the best ambulance chaser money could buy and sue. I'd do my best to get the HP city hall named after me lol. Link to comment Share on other sites More sharing options...
tkroenlein Posted January 13, 2015 at 10:14 PM Share Posted January 13, 2015 at 10:14 PM Shouldn't matter either way rifle, pistol, etc. He was in a vehicle transporting them and the state preempts all transportation. Period, full stop. If he hadn't had the weed... Link to comment Share on other sites More sharing options...
domin8 Posted January 13, 2015 at 10:16 PM Share Posted January 13, 2015 at 10:16 PM The weed is a big issue. Something about the legality of drugs and guns together. Link to comment Share on other sites More sharing options...
RoadyRunner Posted January 13, 2015 at 10:34 PM Share Posted January 13, 2015 at 10:34 PM During a traffic stop, if not a loaded postol surely he was transporting in accordance with FOID. As such, there is strong preemption, exempting everyone with a valid FOID from any local AWB while transporting in accordance with FOID. If a loaded pistol under a ccl, then this will be a good legal test on legislative intent. Link to comment Share on other sites More sharing options...
Capt_Destro Posted January 13, 2015 at 10:38 PM Share Posted January 13, 2015 at 10:38 PM This would really be good for us if there wasn't such a stigma on pot. What if the guy has Crohn's disease or something. Maybe it was more effective than prescription drugs, and a lot less trouble than getting a MJ license for medical reasons. Why should a person have to choose between wanting relief from a chronic disease or their 2nd amendment rights? The whole thing just sucks imo. Link to comment Share on other sites More sharing options...
miztic Posted January 13, 2015 at 10:39 PM Share Posted January 13, 2015 at 10:39 PM I didn't read the law in depth, but isn't there a grandfather clause? how can this whole thing be constitutional without a grandfather clause?There is no requirement as a general concept that a law contain a "grandfather" provision which is very different from an ex post facto statute. They are making previously legal items "illegal", seems to me like an ex post facto law. or taking without compensation? Link to comment Share on other sites More sharing options...
domin8 Posted January 13, 2015 at 10:47 PM Share Posted January 13, 2015 at 10:47 PM They aren't mandating a turn in. Giving the firearm to police is 1 option. Others are to remove it from the city limits. Link to comment Share on other sites More sharing options...
rubicon Posted January 14, 2015 at 12:16 AM Share Posted January 14, 2015 at 12:16 AM During a traffic stop, if not a loaded postol surely he was transporting in accordance with FOID. As such, there is strong preemption, exempting everyone with a valid FOID from any local AWB while transporting in accordance with FOID. If a loaded pistol under a ccl, then this will be a good legal test on legislative intent.I received an E-mail today from the Lake County States Attorneys Office, informing me that the Hiighland Park Ordinance is essentially valid until found Unconstitutional. I forwarded it to Molly B., for further consideration. If I transport through HP, then I am subject to their oppression. The Nazi Flag should be flown in that cesspool of Chicago attorneys. Link to comment Share on other sites More sharing options...
Tango7 Posted January 14, 2015 at 12:27 AM Share Posted January 14, 2015 at 12:27 AM I hope Rep Scott Drury is happy getting this law pushed through in a panic and allowing the law to regulate handguns, which the state clearly said the citys didn't have the right to regulate. No HP can spend more money on defending another aspect of the Drury AWB panic. Does it inconvenience or annoy gun owners? Does it result in free press with his name in it? Then he's happy. Link to comment Share on other sites More sharing options...
rubicon Posted January 14, 2015 at 12:40 AM Share Posted January 14, 2015 at 12:40 AM I hope Rep Scott Drury is happy getting this law pushed through in a panic and allowing the law to regulate handguns, which the state clearly said the citys didn't have the right to regulate. No HP can spend more money on defending another aspect of the Drury AWB panic.Does it inconvenience or annoy gun owners? Does it result in free press with his name in it? Then he's happy. Actually... he was really not happy with how quickly the Highland Park City Council Passed a Cook County Style AWB. He and I were Butting heads at these meetings and I was not shy about letting him know my position at the Deerfield Meeting. I had him so upset at the Lake Forest meeting that he stated that "regardless of what some people are telling you... this AWB has nothing to do with the Second Amendment!" That was a moment to remember, as the Lake Forest City Council did not buy it at all. After that meeting we talked about what he was doing and he said that "Highland Park really screwed things up." Those were his words and while I have very little respect for anyone who is working to violate my Constitutional Rights... on that statement at least, I could not agree more! Link to comment Share on other sites More sharing options...
POAT54 Posted January 14, 2015 at 12:46 AM Share Posted January 14, 2015 at 12:46 AM From Highland Park News... http://highlandpark.chicagotribune.com/2015/01/12/police-blotter-highland-park-man-cited-citys-assault-weapons-ban/ WEAPONS OFFENSETheodore McKenzie, 28, of the 600 block of Euclid Avenue, Highland Park, was cited Jan. 10 for possession of ammunition magazines with a capacity of more than 10 rounds in violation of the city’s ban on assault weapons. The ammunition was discovered during a traffic stop on the 500 block of Central Avenue. The ban was enacted by the city of Highland Park in 2013 and upheld by a federal court judge this past October. McKenzie is due to appear at an administrative hearing at city hall on Feb. 19. He also was charged with possession of marijuana and driving with an expired registration. His court date on those charges is Feb. 11The story does not provide a lot of coherent information. But wouldn't a traffic stop be done during transportation? Notwithstanding subsection (a) of this Section, theregulation, licensing, possession, and registration ofhandguns and ammunition for a handgun, and the transportationof any firearm and ammunition by a holder of a valid FirearmOwner's Identification Card issued by the Department of StatePolice under this Act are exclusive powers and functions ofthis State.So did he have a valid FOID? No weapons charge, so I would guess yes valid.If the police unloaded a magazine, that would be interesting, I remember even the NY courts said the police could not do that without PC. Link to comment Share on other sites More sharing options...
kk5 Posted January 14, 2015 at 12:52 AM Share Posted January 14, 2015 at 12:52 AM This would really be good for us if there wasn't such a stigma on pot. What if the guy has Crohn's disease or something. Maybe it was more effective than prescription drugs, and a lot less trouble than getting a MJ license for medical reasons. Why should a person have to choose between wanting relief from a chronic disease or their 2nd amendment rights? The whole thing just sucks imo.I agree, I just received approval for a Medical MJ card. They don't issue cards until dispensaries are open. So far they haven't even approved any Grower's license. Illannois Link to comment Share on other sites More sharing options...
domin8 Posted January 14, 2015 at 12:52 AM Share Posted January 14, 2015 at 12:52 AM I hope Rep Scott Drury is happy getting this law pushed through in a panic and allowing the law to regulate handguns, which the state clearly said the citys didn't have the right to regulate. No HP can spend more money on defending another aspect of the Drury AWB panic. Does it inconvenience or annoy gun owners? Does it result in free press with his name in it? Then he's happy. Actually... he was really not happy with how quickly the Highland Park City Council Passed a Cook County Style AWB. He and I were Butting heads at these meetings and I was not shy about letting him know my position at the Deerfield Meeting. I had him so upset at the Lake Forest meeting that he stated that "regardless of what some people are telling you... this AWB has nothing to do with the Second Amendment!" That was a moment to remember, as the Lake Forest City Council did not buy it at all. After that meeting we talked about what he was doing and he said that "Highland Park really screwed things up." Those were his words and while I have very little respect for anyone who is working to violate my Constitutional Rights... on that statement at least, I could not agree more! One of the reasons Drury said that Highland Park really screwed things up is that he wanted the military community to be able to keep their firearms. That's straight from his mouth. He's always claimed to be pro-military. Many military personnel are so upset with him and Highland Park over this that several pepper in my neighborhood supported Dr. Neerhof in the last election. I was one of them. Link to comment Share on other sites More sharing options...
WtJen Posted January 14, 2015 at 01:20 AM Share Posted January 14, 2015 at 01:20 AM So educate a Southern Illinoisan about something. Let's pretend I am traveling though Highland Park and I am CCing a Glock 17? I get stopped for a traffic violation and inform the officer I am carrying. He takes possession of the pistol for his protection. Am I going to get arrested for 17 round mags? Or let's say I am transporting an AR with 30 mags in the trunk of my car. Somehow or other he searches the car. Am I not protected since I am in transport mode? Depending on the answers is how many miles I intend to stay away from Highland Park. Link to comment Share on other sites More sharing options...
gangrel Posted January 14, 2015 at 01:40 AM Share Posted January 14, 2015 at 01:40 AM From Highland Park News... http://highlandpark.chicagotribune.com/2015/01/12/police-blotter-highland-park-man-cited-citys-assault-weapons-ban/ WEAPONS OFFENSETheodore McKenzie, 28, of the 600 block of Euclid Avenue, Highland Park, was cited Jan. 10 for possession of ammunition magazines with a capacity of more than 10 rounds in violation of the city’s ban on assault weapons. The ammunition was discovered during a traffic stop on the 500 block of Central Avenue. The ban was enacted by the city of Highland Park in 2013 and upheld by a federal court judge this past October. McKenzie is due to appear at an administrative hearing at city hall on Feb. 19. He also was charged with possession of marijuana and driving with an expired registration. His court date on those charges is Feb. 11The story does not provide a lot of coherent information. But wouldn't a traffic stop be done during transportation? Notwithstanding subsection (a) of this Section, theregulation, licensing, possession, and registration ofhandguns and ammunition for a handgun, and the transportationof any firearm and ammunition by a holder of a valid FirearmOwner's Identification Card issued by the Department of StatePolice under this Act are exclusive powers and functions ofthis State.So did he have a valid FOID? No weapons charge, so I would guess yes valid.If the police unloaded a magazine, that would be interesting, I remember even the NY courts said the police could not do that without PC. First and foremost, I agree that the ordinance is in violation of the FCCA. I am not defending it and do not feel it is right. That being said, the ordinance, unlike the NY law, has nothing to do whatsoever with how many cartridges are loaded in the magazine. The ordinance restricts the capacity of the magazine. A standard Glock 17 mag loaded with 8 rounds will get you in just as much trouble (according to the ordinance) as a Glock 17 mag loaded with 17 rounds. There was no need (again, according to their ordinance) for the police to unload the magazine. Also, I do believe his charges could have been much worse than they were. Getting caught with pot and a gun is a really bad idea. While driving...even worse. Link to comment Share on other sites More sharing options...
TRJ Posted January 14, 2015 at 01:44 AM Share Posted January 14, 2015 at 01:44 AM So educate a Southern Illinoisan about something. Let's pretend I am traveling though Highland Park and I am CCing a Glock 17? I get stopped for a traffic violation and inform the officer I am carrying. He takes possession of the pistol for his protection. Am I going to get arrested for 17 round mags? Or let's say I am transporting an AR with 30 mags in the trunk of my car. Somehow or other he searches the car. Am I not protected since I am in transport mode? Depending on the answers is how many miles I intend to stay away from Highland Park.I live 40 miles from Highland Park. I have 10 round mags for every gun I own a holster for specifically because of Cook Co, and the lakefront communities. If I'm headed that way I pack accordingly. Link to comment Share on other sites More sharing options...
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