Squints08 Posted May 3, 2021 at 05:43 PM Share Posted May 3, 2021 at 05:43 PM https://patch.com/illinois/orlandpark/orland-park-decriminalizes-carrying-guns-prohibited-areas Link to comment Share on other sites More sharing options...
cybermgk Posted May 3, 2021 at 06:06 PM Share Posted May 3, 2021 at 06:06 PM At first, I thought this was huge, a geat precedent to be followed. Then I read: When asked how the ordinance will be enforced, Village Attorney Dennis Walsh said officers will now have the discretion to either charge a person with the ordinance violation — similar to the parking ticket procedure — or a Class B misdemeanor, Link to comment Share on other sites More sharing options...
Quiet Observer Posted May 3, 2021 at 07:42 PM Share Posted May 3, 2021 at 07:42 PM This seems to be a feel good move for 2A supporters and no real change. The state law addresses "knowingly" entering a forbidden area. That would cover unknowingly enter. I am not sure how the pre-emption clause affects new municipal ordinances. Police and prosecutors already use discretion in many areas. According to the FCCA you do not lose you CCL on a single conviction for carrying in a prohibited place. Link to comment Share on other sites More sharing options...
Euler Posted May 3, 2021 at 07:44 PM Share Posted May 3, 2021 at 07:44 PM Unless a law specifies "must arrest," police have always had discretion not to arrest. If enforcing the law creates a greater injustice than not enforcing the law, the police, prosecutor, or judge can choose not to enforce the law. ... Richard Pearson, executive director at the Illinois State Rifle Association, said he was unaware of the amendment prior to being contacted by Patch. He said he doesn't believe the ordinance could potentially cause consequences, but said the village should comply with already enforced state laws. "I think the state law is just fine," Pearson said. "They should really just comply with the state law, and they don't have to worry about a thing." ... Walsh explained that villages under home rule are generally allowed to have their own ordinance that circumvents state penalties, such as the risk of losing a concealed carry permit. ... (*sigh*) Richard Pearson continues not to get it. I'm pretty sure home rule municipalities can override state or county law ONLY IF the state or county specifically allow those laws to be overridden. Do we know that home rule municipalities have those legal rights? I would think preemption works both ways: municipalities can't be more lenient or more strict. Link to comment Share on other sites More sharing options...
tab Posted May 3, 2021 at 08:12 PM Share Posted May 3, 2021 at 08:12 PM IANAL but it seems preemption applies when the ordinance contradicts the state law, this doesn't appear to me to contradict. If given a choice between an ordinance violation ticket or a misdemeanor arrest, I'll take the ticket. Link to comment Share on other sites More sharing options...
Smallbore Posted May 3, 2021 at 09:20 PM Share Posted May 3, 2021 at 09:20 PM Looks like the village is after easy money. Cheaper for violator to pay ticket then defend in court. Win win for both sides. Link to comment Share on other sites More sharing options...
MagSlap Posted May 3, 2021 at 09:27 PM Share Posted May 3, 2021 at 09:27 PM Looks like the village is after easy money. Cheaper for violator to pay ticket then defend in court. Win win for both sides. I must agree with ya... "According to village documents, the fine could range from $150 to $1,000 per violation. Walsh explained that generally, ordinance violations are not reported to state conceal carry permit regulators, like state police." With that 'range'...of course every violation will be a grand.... Link to comment Share on other sites More sharing options...
2A4Cook Posted May 3, 2021 at 10:09 PM Share Posted May 3, 2021 at 10:09 PM Looks like the village is after easy money. Cheaper for violator to pay ticket then defend in court. Win win for both sides.Somewhat like this. It's in the officer's discretion whether to issue a ticket for a hearing before the village hearing officer, or to make a criminal arrest. Basically, it provides people without criminal/arrest records a chance to avoid getting one on minor (misdemeanor) matters, provides for consequences, and allows the town to make some additional revenue. Everyone wins. The discretion is there in case the individual is abusive or uncooperative, or has a criminal history indicating that the one-time "break" will be wasted on them. Link to comment Share on other sites More sharing options...
Yas Posted May 3, 2021 at 11:23 PM Share Posted May 3, 2021 at 11:23 PM Wonder what the underlying intent of this local legislation was. Todd has taught us much in the past on this. To help out Ccl holders when a mistake was made or to hand a revenue generator for the village? For exampleDoes their statue / law also follow the states stipulations on the places being posted with State law compliant signage requirements? Size, type of markings, and statue being on the posted places signage or is Orland potentially going rogue and allowing generic signage to generate more situations that would become finable? Link to comment Share on other sites More sharing options...
Smallbore Posted May 4, 2021 at 12:00 AM Share Posted May 4, 2021 at 12:00 AM Will the village notify the state of the ticket? If so how would the state respond? Link to comment Share on other sites More sharing options...
mauserme Posted May 4, 2021 at 12:24 AM Share Posted May 4, 2021 at 12:24 AM Ken Fricker, one of Orland Park's attorneys, is big in the Illinois Municipal League - specifically the Home Rule Committee. He's a strong proponent of Home Rule. I'm sure he wouldn't let the Village pass an unworkable ordinance. Link to comment Share on other sites More sharing options...
InterestedBystander Posted May 4, 2021 at 02:19 AM Share Posted May 4, 2021 at 02:19 AM Will the village notify the state of the ticket? If so how would the state respond? "According to village documents, the fine could range from $150 to $1,000 per violation. Walsh explained that generally, ordinance violations are not reported to state conceal carry permit regulators, like state police." ummm..."generally" Link to comment Share on other sites More sharing options...
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