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Orland Park decriminalizes carrying in prohibited places


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#1 Squints08

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Posted 03 May 2021 - 11:43 AM

https://patch.com/il...rohibited-areas

#2 cybermgk

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Posted 03 May 2021 - 12:06 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,

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#3 Quiet Observer

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Posted 03 May 2021 - 01:42 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. 



#4 Euler

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Posted 03 May 2021 - 01:44 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.
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#5 tab

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Posted 03 May 2021 - 02:12 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. 



#6 Smallbore

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Posted 03 May 2021 - 03:20 PM

Looks like the village is after easy money. Cheaper for violator to pay ticket then defend in court. Win win for both sides.

#7 MagSlap

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Posted 03 May 2021 - 03:27 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....


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#8 2A4Cook

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Posted 03 May 2021 - 04:09 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.



#9 Yas

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Posted 03 May 2021 - 05:23 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 example

Does 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?



#10 Smallbore

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Posted 03 May 2021 - 06:00 PM

Will the village notify the state of the ticket? If so how would the state respond?

#11 mauserme

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Posted 03 May 2021 - 06:24 PM

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.



#12 InterestedBystander

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Posted 03 May 2021 - 08:19 PM

[quote name="Smallbore" post="1313248" timestamp="1620086443"]Will the village notify the state of the ticket? If so how would the state respond?[/quote]

[quote]"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"
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