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Nullification begins


steveTA84

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https://www.dupagecounty.gov/Content.aspx?id=67488

 

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Friday, January 13, 2023

Statement from County Board Chair Deborah Conroy

Statement attributable to DuPage County Board Chair Deborah Conroy:

“I was disappointed to read the statement released today by DuPage County Sheriff Jim Mendrick. On October 25, the DuPage County Board heard a moving account provided by Highland Park Mayor Nancy Rotering. She detailed the devastating impact one shooter and one automatic weapon had on her town. That day, the Board voted to support a state and federal ban on assault weapons and high-capacity magazines. Illinois Public Act 102-1116 accomplishes those two goals. As Chair of the DuPage County Board, I stand behind the legislation passed to ban assault weapons. As Governor Pritzker has said, ‘You don’t get to choose which laws you comply with in the state of Illinois.’ And I believe, in DuPage County, we should not be playing politics with state laws.”

 

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On 1/13/2023 at 2:34 PM, starwatcher said:

She is saying he used an automatic weapon and that's what  assault weapons are. They are banning rifles by labeling them machine guns and primary reason this law shouldn't stand because is based on lies and misrepresentation. Happy to see is nullified in DuPage County, king Bloomberg and king Jabba and their co-conspirators are furious and can pound sand.

Edited by 357
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On 1/13/2023 at 2:48 PM, BCC said:

Now I'm confused.....wasn't there already a ban on AR15's in Highland Park at the time  this happened ???

Yes. That argument was made during the floor debate as well. The response was something along the lines of, that ban was ineffective because it was only over Highland Park. Implying that if the ban was state or nation-wide, THEN it would have worked.

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On 1/13/2023 at 3:22 PM, Book'm said:

Yes. That argument was made during the floor debate as well. The response was something along the lines of, that ban was ineffective because it was only over Highland Park. Implying that if the ban was state or nation-wide, THEN it would have worked.

 

Because bad guys (and the mentally ill) always check gun laws before committing crimes.....right?

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On 1/13/2023 at 2:59 PM, starwatcher said:

From my understanding if the state police arrests you, you'll get booked into a county jail.

 

Where does the evidence of the arrest go?

Does that get sent to the county's evidence lockup or does the state police have their own evidence lockup?

Who told you that and you're worrying people. We are waiting for this illegal law to be found unconstitutional by the courts.

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On 1/13/2023 at 1:20 PM, Lou said:

I was really happy to see this.  DuPage used to be solidly red but has since been taken over by Democrats fleeing Chicago and Crook Cty.   I just hope the now liberal  county board doesn’t make things too uncomfortable for him.  

Agree x 2. Was a little concerned about the sheriff’s weak Facebook statement. Dupage has changed alot (and not for the better) in the 45 years I’ve lived here. 

Edited by Arch_Stanton
Added wording for clarification
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On 1/13/2023 at 3:31 PM, 357 said:

Who told you that and you're worrying people. We are waiting for this illegal law to be found unconstitutional by the courts.

 

Who told me what?

 

I'm just trying to understand how the current Illinois legal system works in general. Nobody should be alarmed by questions of evidence and procedure.

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On 1/13/2023 at 3:40 PM, starwatcher said:

 

Who told me what?

 

I'm just trying to understand how the current Illinois legal system works in general. Nobody should be alarmed by questions of evidence and procedure.

That they'll arrest people and put them in county jail. Thus is null and void in counties that have nullified it so don't spread panic.

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On 1/13/2023 at 3:48 PM, 357 said:

That they'll arrest people and put them in county jail. Thus is null and void in counties that have nullified it so don't spread panic.

ISP is a whole different creature than city or county law enforcement. They probably will arrest you if the law demands it. They will then process you at the jail in the county you are in. It would then be up to the county DA to decide if they were going to prosecute. If you are in a sanctuary county and you didn't commit any other crimes besides violate this new law, then they would probably release you. As for what happens to evidence... no clue. I know ISP has their own evidence lockups, so if they kept it, it would probably be gone. But I don't know when they keep evidence and when they turn it over. My father shot himself 5 months ago, and local PD was primary on the scene. ISP CSI took over the investigation and took his handgun into their custody. Today I got the handgun back from the local PD. So chain of custody on something like that is fuzzy to me. 

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On 1/13/2023 at 3:48 PM, 357 said:

That they'll arrest people and put them in county jail. Thus is null and void in counties that have nullified it so don't spread panic.

 

I'm asking hypothetical questions about the current legal system.

 

There was an other post that said the state police only has interrogation rooms and no holding cells/jails. I don't feel like looking for that post, so my understanding is if arrested by a state trooper for any offense they'd need to book you into a county jail as they don't have the facilities to hold someone. This is general assumption and questions not directly related to any specific law.

 

Thank you Zombieinthehat for sharing your experience that gives me a better understanding of the current state of the legal system.

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On 1/13/2023 at 4:15 PM, Zombieinthehat said:

ISP is a whole different creature than city or county law enforcement. They probably will arrest you if the law demands it. They will then process you at the jail in the county you are in. It would then be up to the county DA to decide if they were going to prosecute. If you are in a sanctuary county and you didn't commit any other crimes besides violate this new law, then they would probably release you. As for what happens to evidence... no clue. I know ISP has their own evidence lockups, so if they kept it, it would probably be gone. But I don't know when they keep evidence and when they turn it over. My father shot himself 5 months ago, and local PD was primary on the scene. ISP CSI took over the investigation and took his handgun into their custody. Today I got the handgun back from the local PD. So chain of custody on something like that is fuzzy to me. 

Will they follow unlawful orders and break their oath?

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On 1/13/2023 at 4:21 PM, 357 said:

Will they follow unlawful orders and break their oath?

I mean, it wouldn't surprise me if they do. ISP is going to be the most likely to enforce the law as written just because of their structure within the state. Their director is going to follow the governor's lead to keep his job. His troopers are probably going to do the same. That said, there are good troopers out there that will try to skirt the law but still do their job. I was involved in a traffic crash a few years ago. Single vehicle crash, so it was automatically my fault. The trooper that responded (because it was on an interstate onramp) stated that because the crash was reported, he was dispatched, and I was there, he HAD to issue a citation. However, he also told me not to worry about it and just show up for my court date and all would be well, then apologized for the hassle. I went to court at the county courthouse, and the trooper went to the judge and told him that the onramp (which was newly constructed) was a hazard that caused a lot of accidents during adverse weather. He stated that he had just cleared an accident in the exact same spot only about 10 minutes before my crash. He stated that as far as he was concerned, I wasn't at fault. The judge dropped the charges, the trooper shook my hand and told me to enjoy the rest of my day. He did his job without putting himself in a bad position with his supervisor, and I suffered no harm other than having to go to court for 5 minutes. I will not say that they will all do something like that, but some probably would.

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On 1/13/2023 at 1:59 PM, starwatcher said:

From my understanding if the state police arrests you, you'll get booked into a county jail.

 

Where does the evidence of the arrest go?

Does that get sent to the county's evidence lockup or does the state police have their own evidence lockup?

 

If the county is nullifying, won't the county jail officials just release?

 

If the case is filed in the court, won't the SA then drop the charges?

 

Sure, the evidence is there - and then will likely be released to the defendant if it is in the county evidence room.  

 

 

Edited by BobPistol
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