Illinois State Police and Department of Natural Resources Open Range Program November 14

The Illinois State Police, in cooperation with the Department of Natural Resources, is opening its firing ranges in Joliet, Pontiac, Pawnee, Effingham, Pecatonica and LaSalle to hunters from 8 a.m. to 4 p.m. on Nov. 14 for sighting in and test-firing guns. Any firearm that is legal for deer hunting, which includes shotguns, muzzle loaders, center fire revolvers and center fire handguns, is included.

Reservations are encouraged and can be made by calling ahead to the state police district offices. Targets will be provided. There's no charge for use of the range.

Participants must have a valid firearm owner ID card and transport the firearm legally by having it unloaded and in a case.

Thanks to State Senator Dan Rutherford for alerting us to this program.

Read the ISP's Press Release or see the ISRA's Calendar Entry.

Posted Thu Nov 5 14:09:21 CST 2009

Winning numbers for the ISRA Legislative Drawing

1st prize – 3519 – Lewis Machine & Tool AR15 6.8mm caliber
2nd Prize – 0820 – Detonics Combat Master .45 Caliber Pistol
3rd Prize – 0982 – Ruger 1022 Match Rifle & Scope
4th Prize – 4067 – Nikon “Cool Pix” hunting camera system
5th Prize – 3742 - Alpen 8 x 42 Binoculars
6th Prize – 1157 – Remington “Old Mike” hunting figurine
7th Prize – 1551 – Boyt Harness camo gun case
8th Prize – 4927 – Boyt Harness shell carrier
9th Prize – 2371 – Do – All Trap (clay bird thrower)
10th Prize- 1968 – Deer Camp Surprise puzzle from Winchester

The winners are being contacted, but if you see that you are a winner, you need not wait: call the ISRA office at 815-635-3198.

Posted Mon Nov 2 17:04:14 CST 2009

"Moderate" Republican candidate for NY Congressional seat withdraws from collapsing support, endorses Democrat in the race

The gulf between the moderate and conservative factions of the Republican Party appeared to spread Sunday when the Republican former candidate in a contentious congressional race endorsed the Democrat.

New York State Assemblywoman Dede Scozzafava's decision was essentially a rebuke of conservative activists who had mounted a wildcat effort to ensure her defeat. She had ended her campaign a day earlier after it became clear she could not win Tuesday's special election.

It remained uncertain, however, whether her endorsement could tilt the race toward Democrat Bill Owens. Polls show him running neck and neck with third-party candidate Doug Hoffman, who is on the Conservative Party ticket. Even before Scozzafava's withdrawal, Hoffman had been endorsed by such Republican luminaries as Sarah Palin, Rush Limbaugh and former presidential candidate Steve Forbes. ...

Read the whole story in the LA Times. 

Posted Mon Nov 2 06:52:47 CST 2009

State Court in NJ says Americans have no right to buy a handgun

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."

But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law. ...

Read the whole story @ CBS News. 

Posted Sat Oct 31 08:18:21 CST 2009

Early prisoner releases planned in Illinois
Is your neighborhood going to be an extension of prison?

As the state prepares to release about 1,000 inmates from prison up to a year early, parole agents across Illinois are making unannounced visits to select homes, checking for overcrowding, drug paraphernalia and vicious dogs that could hamper future inspections.

After determining there is adequate space for an inmate, the agents stress to residents that their homes are in for a drastic change.

"I make sure they understand their house is now an extension of prison," Matt Lukow, an agent, explained. ...

Read the whole story in Chicago Breaking News. 

Posted Thu Oct 29 22:14:53 CST 2009

Carail Weeks sentenced to 150 years in Englewood shooting death

Carail Weeks, 28, was convicted last month of the slaying of Starkesia Reed and the attempted murders of two drug dealers who were the intended targets. Reed, a promising Harper High School student, was inside her home preparing for school when a bullet from Weeks' AK-47 style rifled crashed through a front window in March 2006 and struck her in the head, killing her almost instantly.

Weeks' first trial in December 2008 ended in a mistrial after jurors were unable to reach a unanimous verdict ...

Read the whole story at Chicago Breaking News.

Posted Thu Oct 29 22:20:57 CST 2009

Supreme Court upholds ruling on Peoria gun case

PEORIA — The state Supreme Court upheld Thursday a lower court ruling on a Peoria case that could change the way police handle people caught with guns in their cars.

The High Court held that transporting a weapon in a car’s center console falls under the definition of a “case” according to Illinois law, and as such, Michael Diggins, 37, of Peoria, who was arrested March 24, 2006, for having two unloaded handguns as well as ammunition in the car’s center console, should get a new trial. ...

Read the whole story in the Peoria Journal Star 

Posted Thu Oct 8 20:24:30 CDT 2009

What's the ISRA done for me this week?

On 8 October 2009, the Illinois Supreme Court issued a unanimous opinion on the People v. Diggins case.

Because this matter concerned an interpretation of how a firearm can be transported legally within Illinois, the ISRA felt it was important that certain points be brought before the court in order to clarify the legislatures' intent at the time the law was debated.

With the ISRA's knowledge of the legislative history pertaining to this part of the Criminal Code, ISRA's attorney, Victor D. Quilici filed an Amicus Brief, (friend of the court), with the above purpose in mind.

The ISRA is pleased with the Court's decision which we feel is in line with the legislature's original intent.

Thanks especially go out to Tiffany Ritchie Esq. of the Schrier & Ritchie law firm in Peoria, Illinois who handled the case and its arguments including the oral argument before the Supreme Court. Tiffany did a spectacular job in her briefs and arguments and we were very happy to be associated in her case.

For a more technical analysis of the decision, please see below.

Commentary about the IL Supreme Court Decision People v. Diggins
from ISRA Attorney Victor Quilici

In a unanimous opinion by the Illinois Supreme Court in People v. Diggins No. 106367, the Court has held: "Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.' 720 ILCS 5/24-1.6{c}{iii} (West 2006).

In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. . .[W]e conclude that it is." An Amicus Brief (Friend of the Court) was filed by ISRA attorney Victor D. Quilici. The principal object of the brief was to thwart the argument by the State regarding legislative intent. Other arguments in the amicus brief addressed matters pertaining to the split decisions in the various districts in Illinois.

Also, ISRA' amicus agreed with the Appellate Court's opinion that the plain meaning of the Statute did not mean a "case" or "other container" had to be portable, as a leading case relied on by the State had held.

The Supreme Court has clearly held that the center console in a motor vehicle is a "case" within the meaning of section 24-1.6(c)(iii). That section contains the exemption language regarding transportation of firearms. The Supreme Court found that the term "case" in the cited statutory section includes any portable or non-portable receptacle and need not be interpreted solely to firearms.

Thus, the Supreme Court also rejected the State's contention that the meaning of the language was to be interpreted in light of the Wildlife code definition of "case" which would limit it to a "firearm case" that is portable. The Court made it clear that it did not need to rely on legislative intent and that the answer was in the plain meaning of the statute. The Court ordered the case to be remanded --that is, in this case sending it back to retry on factual matter. The Supreme Court is asking that a new trial be held to determine the question of whether or not the center console was "enclosed" and by that the Court is sayings the center console must be closed.

The Supreme Court points out that in the initial trial of the case, the Defendant, Diggins, and his passenger alleged that the center console was "closed "(actually testifying it was also locked) and the police officer testified that the console was "ajar." Therefore, that issue of whether or not the center console was closed still would be viable and one to be tried by the jury upon remand of the case for further proceedings.

Regardless of the outcome of the case upon re-trial, the decision of the Supreme Court that a center console is a "case" within the meaning of the statute's exemption language is clear and unequivocal ISRA counsel notes that the major credit should go to Tiffany Ritchie of the Schrier & Ritchie law firm in Peoria, Illinois, that handled the case in the trial court on up, especially attorney Tiffany Ritchie, who delivered a great argument before the Supreme Court

Special Note from the ISRA Webmaster:
This analysis of this court case, People v Diggins, is not to be construed as legal advice. Please consult with your own attorney for such advice.

Posted Thu Oct 8 20:17:35 CDT 2009
Edited Mon Oct 12 20:10:22 CDT 2009

U.S. SUPREME COURT TO HEAR 2ND AMENDMENT CHALLENGE TO CHICAGO GUN BAN

WASHINGTON, D.C. – The U.S. Supreme Court announced today that it will hear the case of McDonald v. City of Chicago, and decide whether the right to keep and bear arms secured by the Second Amendment protects Americans from overreaching state and local governments.

At issue is a 27-year-old Chicago law banning handguns, requiring the annual taxation of firearms, and otherwise interfering with the right of law-abiding individuals to keep guns at home for self-defense. The case was brought on behalf of four Chicago residents, the Second Amendment Foundation, and the Illinois State Rifle Association.

Last year, in the landmark case of District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees an individual right to keep and bear arms. However, as that case concerned the actions of the District of Columbia government, a federal entity, the high court was not called upon to decide whether the right bound states and local governments. Over the years, almost the entire Bill of Rights has been held to apply to state and local governments by operation of the Fourteenth Amendment.

“The freedoms we enjoy as Americans are secured to us against violation by all levels of government,” noted Alan Gura, of Gura & Possessky, PLLC, lead counsel for the McDonald plaintiffs. “State and local politicians should be on notice: the Second Amendment is a normal part of the Bill of Rights, and it is coming to your town.”

Otis McDonald, a Chicago resident since 1952 who led the fight to integrate his union local in the 1960s and is a plaintiff in the case, welcomed the news.

“I am grateful the Supreme Court has agreed to hear this case,” McDonald said. “I now pray that the Court secures me and all other law-abiding citizens the right to defend ourselves and our families.”

SAF founder Alan Gottlieb said the case is of paramount importance to American citizens, to see that their constitutional rights are respected not only by the Congress, but by state and local governments.

“SAF was delighted to bring this case in cooperation with the Illinois State Rifle Association and the four local plaintiffs because a gun ban is no less onerous to civil rights in Chicago than it was in the District of Columbia,” Gottlieb observed. “Such a law cannot be allowed to stand unchallenged.”

Chicago attorney David Sigale commented, “The City of Chicago cannot take from millions of Americans the fundamental freedom of self-defense in one’s own home. We are confident the Court will stand on the side of the law-abiding citizens and the Bill of Rights.”

“We’re pleased to hear that the Supreme Court has decided to take a look at Chicago’s gun laws,” added ISRA President Don Moran. “In this time of economic uncertainty and increasing lawlessness, the good people of Chicago ought not have to choose between violating Chicago’s gun ban, and protecting themselves and their loved ones.”

The Chicago gun ban challenge will likely be among the most closely watched constitutional law cases in decades. At stake is not just the question of whether the Second Amendment secures the right to arms against state and local governments, but also the extent to which the Supreme Court preserves individual liberty against encroachment by state and local governments.

Oral argument will possibly be scheduled early this coming winter, with a decision expected by June 2010. Gura will argue the case on behalf of the McDonald plaintiffs. ...

Posted Wed Sep 30 22:24:08 CDT 2009

Chicago Alderman Burke says that Chicago's gun ban makes criminals out of honest citizens
speaks out against City's Police Committee plan for mandatory minimum sentencing

... the City Council’s Police Committee voted to change that at the behest of West Side aldermen fed up with a rash of summer shootings.

The ordinance championed by Police Committee Chairman Isaac Carothers (29th) includes graduated mandatory minimums to minimize jail overcrowding and avoid scaring judges into letting offenders off completely.

The new penalties would be five days in jail for the first offense, 15 days for the second offense and 30 days for the third, with a maximum prison sentence of six months. Fines for carrying illegal handguns would rise from $200 to $300 ...

Read the whole story in the Sun Times. 

Posted Sat Sep 5 08:30:45 CDT 2009

Chicago's annual gun turn-in falls flat

The number of firearms brought in under the City of Chicago's annual gun turn-in program, 1887, was far less than that of previous years. Last year's total was 6800 guns.

Why the big drop? For starters, the city was only offering $50 for most firearms, vs $100 in past years. So called "assault weapons" were deemed the only ones to result in a $100 gift card to the person who turned it in. Seems that the recession has impacted the donors who provide the funds for the gift cards, so the city decided to cut the amount offered.

Given the current fears about crime and the economy, gun sales are still through the roof and firearms have an increased perceived value to their owners. People are holding onto their guns.

Posted Sun Aug 16 16:03:27 CDT 2009

225 people shot in Chicago in the first 30 days of July
42 of those were fatalities
Chicago's handgun ban remains in place

excerpt:
The South and West sides bore the brunt of the violence. While Washington Park may be the site of a grand Olympic stadium that will place Chicago on the world map in a whole new way, this July the neighborhoods surrounding the park have been the site of 31 shootings.

A total of four people were killed and four more were injured in six shootings within a mile radius of the park in July. Broadening to a two-mile radius, the number increases to eight dead and 37 injured.

Chicago 2016 officials were not immediately available to discuss whether the International Olympic Committee had addressed the spate of violence that has rocked the city ...

Read the whole story @ cbs2chicago.  

Posted Mon Aug 3 22:59:30 CDT 2009

Peoria Area Police:
"Concealed-carry law would deter criminals"

excerpt:
For many who oppose concealed-carry, one of the biggest fears is seeing their state become the Wild West.

"To me, the best statistic is 48 states have passed a law and no one has repealed it," Settingsgaard said. "There are 48 examples of states that have not become the Wild West."

Papis scoffs at the notion that concealed-carry would flood the streets with additional guns.

"Rest assured, there are plenty of weapons out there - mostly in the hands of people who shouldn't have them or aren't licensed to have them," he said. ...

Read the whole story in the Peoria Journal-Star. 

Posted Mon Jul 20 19:51:50 CDT 2009

Supreme Court Weigh-In
Led by Texas, the Attorneys General from 33 states file a Amicus Curiae brief in support of ISRA's lawsuit challenging Chicago's handgun ban. California's AG Jerry Brown files his own brief in support.

The ISRA's case: McDonald v Chicago, has had petitions filed to be heard before the United States Supreme Court, as has the NRA's case.

The Attorneys General from 34 states have indicated their support in two "Friend of the Court" briefs that have been filed that urge the Supreme Court to hear the ISRA's case, as well as the NRA's case. Besides Texas, the other states indicating their support are: Alabama, Alaska, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming.

Note that California indicated their support through their own amicus brief field by AG and Former Governor Jerry Brown.

The United States Supreme Court is expected to decide whether or not to hear the case when the new session starts in autumm.

Follow the status of this case, and read all the case filings at ChicagoGunCase.com  

Posted Thu Jul 9 08:33:44 CDT 2009

"Appeals court upholds Chicago's strict gun laws"
really means: ISRA's suit goes to the Supreme Court

excerpt:
Until the middle of the 20th century, most parts of the Bill of Rights applied only to the federal government, not to states or localities. In a step-by-step process, however, the high court decided that most of the rights in the Bill of Rights were fundamental to liberty and, therefore, limit the action of states and municipalities.

There are exceptions. For example, the 5th Amendment says persons can be charged with a serious crime only by "indictment of a grand jury," but this right was not extended to the states.

Gun-rights advocates have been focused on the issue since last year's high court ruling.

"We believe it is time for this issue to be decided," said Alan Gura, a Virginia lawyer who won the D.C. gun case last year. He said he would file a petition in the Supreme Court seeking a review of the Chicago ruling.

Gura represented four gun owners who are challenging the near ban on private handguns in Chicago. In April, the U.S. 9th Circuit Court of Appeals in San Francisco came to the opposite conclusion on the 2nd Amendment. Its judges said that because the right to bear arms is a fundamental right, it should apply to local and state ordinances. ...

Read the whole story in the LA Times. 

Posted Thu Jun 4 08:19:11 CDT 2009

Illinois Congressman Bobby Rush files anti gun bill on the first day in session
Bill would enact national gun licensing ala FOID.

Quoting Jeff Knox:
"Representative Bobby Rush (D-IL) filed a comprehensive anti-gun wish-list bill in the 111th Congress on its first day in session. No sooner were the new members of Congress sworn in than Mr. Rush, a former Black Panther leader, file his bill which he calls the "Blair Holt's Firearm Licensing and Record of Sale Act of 2009". The bill has no cosponsors and was automatically referred to the House Judiciary Committee.

If passed, this bill would require that anyone wishing to purchase, own, or possess a "qualifying firearm" - that's any handgun, and any long gun capable of accepting a detachable magazine - would have to be licensed by the state or the federal government in a licensing program managed by the Attorney General. To get a license you would have to prove you're you, provide a passport-style photo, a thumbprint, and take a written exam which includes questions about firearms safety, safe storage, the risks of firearms ownership, and anything else the Attorney General deems appropriate. All transfers would be required to go through a licensed dealer with the exception of occasional gifts or bequests between parents, children (18 or over), and grandparents, or loans of not more than 30 days between "persons who are personally known to one another." (It actually says that. I'm not making this up.) And all transfers would have to be recorded in a "Transfer Record" established and maintained by the Attorney General. " ...

Read the whole story at the Firearms Coalition.

You can look at the submitted legislation at the U.S. Government Printing Office website.

Posted Thu Jan 15 20:30:49 CST 2009

SAF Press Release:
SAF Files Lawsuit Challenging Chicago's Handgun Ban

BELLEVUE, WA – Following Thursday’s 5-4 ruling by the U.S. Supreme Court in the case of District of Columbia v. Heller that the Second Amendment protects an individual civil right to keep and bear arms, and that a municipal gun ban violates that right, the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA) filed a federal lawsuit challenging the City of Chicago’s long-standing handgun ban. The case is McDonald v. City of Chicago.

“Chicago’s handgun ban has failed to stop violent crime,” SAF founder Alan Gottlieb stated. “It’s time to give the Constitution a chance.”

In addition to SAF and ISRA, plaintiffs include Chicago residents Otis McDonald, a retiree who has been working with police to rid his neighborhood of drug dealers, and who wants to have a handgun at his home; Adam Orlov, a former Evanston police officer; software engineer David Lawson and his wife, Colleen, a hypnotherapist, whose home has been targeted by burglars. Attorney Alan Gura, who argued the District of Columbia challenge before the high court, and Chicago area attorney David G. Sigale, represent the plaintiffs ...

Read the whole press release at Second Amendment Foundation.

Posted Fri Jun 27 07:54:49 CDT 2008

Follow the Chicago 2nd Amendment Suit

Learn more and follow along at ChicagoGunCase.com.

Posted Fri Jun 27 00:27:31 CDT 2008