Screwed in Illinois-Pate Phillips' idea of "compromise!"

D

Don Gwinn

Staff Emeritus
WGN out of Chicago just announced that the Safe Neighborhoods Act has been revived with a "compromise" between Governor "Cash-and-Carry Driver's Licenses, but no Carry Licenses" Ryan and Pate Phillip, the speaker of the Illinois house.

For those of you who've forgotten, this was the bill that had raised the penalty for illegal use of a gun (anything done with a loaded or uncased gun, except hunting or walking around on your own property) from a misdemeanor to a felony. The law was declared unconstitutional last year and nullified, and the Governor declared that he would just re-pass it. Phillips, seeing a chance to screw the Governor and remain the big dawg in Illinois Republican politics, opposed the bill, saying a felony was too much penalty. No one seemed interested in our suggestion that illegal carry could remain a felony if only they'd institute a shall-issue system so that some form of legal carry existed.

But Phillip's only objection to the law was that decent, law-abiding hunters would be arrested for small mistakes in how they cased their guns to go to and from the hunt club. :rolleyes:

The bill was defeated, and I had hoped that perhaps Ryan would decide he was open to a compromise, but Phillips and his followers have decided to go for the appearance of compromise instead. The bill that just passed the Senate 58-0 makes the offense a felony, but only:
1. If the gun is loaded.
2. If the gun is cased but the ammo is nearby (which is NOT CURRENTLY ILLEGAL!!!) "Nearby" was not defined.

There are a couple more but I don't remember them. And it doesn't really matter, because I know damn well that WGN would not have broadcast the whole story.

I'm just disgusted. What this amounts to is NO compromise, and NO GAIN whatsoever for us. And it just reinforces that I can't carry unless I know I absolutely have to (explicit death threats) because with a felony conviction, I could never hold a teaching certificate again.

I hate this place.
I have to get out of this hellhole.
Tomorrow I start all over again on convincing Melissa to come with me and get the hell out.
 
Let me see if I understand this. If one is going to the range or the field to hunt than to be incompliance one would have to take the gun, secure it and then return with the ammo. Or perhaps use the buddy system. Go in seperate vehicles. One would carry the guns and the other the ammo.
Good luck with Melissa. How 'bout these: High cost of living in IL, high crime rate, restrictive (unconstitutional) laws and cold weather. All good reason to move to sunny Texas or Arizona. ;)

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Gunslinger

We live in a time in which attitudes and deeds once respected as courageous and honorable are now scorned as being antiquated and subversive.
 
Don,
You don't even have to go that far. Just cross the Wabash river, and you're in a much better place. No such thing as a FOID, handgun carry licenses are shall-issue, and we don't have Chicago. I've noticed the bigger the city in a state, the stranger that state's laws get. I think Jimmty Buffet said it best...
"They say that proximity warps their minds, 'til they're shooting one and other just to pass the time."
Good luck in convincing Melissa.
Eric

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Formerly Puddle Pirate.
Teach a kid to shoot.
It annoys the antis.
 
By our "friends" - the Republicans -
"Without a compromise, Philip realized that Senate Republicans could be vulnerable to Democratic attacks . . ."
http://www.chicago.tribune.com/news/metro/chicago/article/0,2669,ART-44188,FF.html

Senate gun deal restores felony status
Ryan, Philip compromise moves to House

By Rick Pearson and Ray Long
Tribune Staff Writers
April 8, 2000

SPRINGFIELD -- Ending months of acrimony between Gov. George Ryan and Senate President James "Pate" Philip, the Illinois Senate approved a compromise Friday that would reinstate felony status for the crime of illegally possessing a loaded firearm.

With a week remaining until the General Assembly's scheduled April 14 adjournment, Ryan and the state's four legislative leaders also were close to a deal to make roughly $350 million in tax cuts, including a one-time property-tax rebate of up to $300 for homeowners.

The agreement on the gun bill was a much-needed political victory for Ryan, whose previous efforts to pass similar legislation were stymied by Philip's desire to appease conservatives and gun groups.

The bill would set up two kinds of offenses for illegal gun possession: A misdemeanor for certain non-violent first-time offenders and a felony punishable by prison time for others.

Philip's decision to pass a bill was a concession to Ryan, a fellow Republican whose popularity has plummeted amid a federal investigation into corruption during his tenure as secretary of state.

An even larger factor was the looming November election. Without a compromise, Philip realized that Senate Republicans could be vulnerable to Democratic attacks for opposing a popular measure.

"(Senate Republicans), I think, understood that the public wanted a felony gun bill, and I think this is a good compromise package," Ryan said shortly before the Senate's 58-0 vote. House approval is expected next week.

Chicago Police Supt. Terry Hillard, on behalf of Mayor Richard Daley, hailed the compromise and said it will be effective in "keeping illegal guns off the street."

The compromise was an effort to reinstate the Safe Neighborhoods Act, a 1995 law struck down by the state Supreme Court Dec. 2 on constitutional grounds.

Ryan called a special legislative session to reinstate the law, but Philip balked, contending hunters and sport shooters who mistakenly transported their firearms should not face felony charges.

The compromise creates two distinct offenses, a misdemeanor unlawful use of weapons punishable by up to a year in county jail and a felony aggravated unlawful use of weapons carrying a sentence of up to 3 years in prison.

Non-violent, first-time offenders who improperly transport an unloaded firearm are to be charged with a misdemeanor. Those who transport or carry a loaded firearm or have ammunition immediately accessible to load a gun would be charged with a felony.

The measure also would set felony penalties for people who carry a gun without a valid firearm owner's identification card, violate drug laws, are a gang member, have an order of protection against them in the last two years, were found delinquent of a felony offense as a minor, or people possessing handguns who are under 21 and are not hunting or target shooting.

The bill also would make a second conviction of aggravated unlawful use of weapons a felony punishable by up to 7 years in prison. It also makes carrying a loaded firearm in a bar a felony.

Despite the overwhelming support for the bill, the emotionally charged nature of the debate was readily apparent.

"The position that's taken here is a compromise, a compromise between people who would simply like to do away with the 2nd Amendment and those of us who feel, like myself and our presidential nominee, Gov. [George W.] Bush, on a right to defend under the 2nd Amendment," said Sen. Ed Petka (R-Plainfield).

Petka was referring to the federal constitutional protection of the "right to bear arms," as well as Republican presidential nominee Bush, who as Texas governor signed into law a measure allowing qualified individuals to carry a concealed firearm.

But Sen. Robert Molaro (D-Chicago) said the decision by Philip and other Republicans to support the compromise reflected the belief that support from gun-owner rights groups, such as the National Rifle Association, could be an election-year liability.

"I think it's a capitulation ... by the NRA," Molaro said. "I think this is a good bill and I think the NRA and its membership, they had to give in. And, I think Pate finally realized it."

But Todd Vandermyde, an NRA lobbyist, claimed victory, saying the misdemeanor provision in the bill was what his group had wanted all along.

"Some people have said they would never accept anything that had a misdemeanor in it," Vandermyde said. "This clearly has a misdemeanor in it, and ... I think it is something that we can work under."

For his part, Philip thought the compromise vindicated his lengthy battle with Ryan.

"I think it's a victory for hunters, people who enjoy the lawful use of weapons," he said. "And I'll tell you one thing: we have really increased the penalties. When you look at some of that stuff, these gangbangers, they're gone."

Ryan had threatened to keep lawmakers in the statehouse this spring until they resolved the issue. But with the agreement in hand, Ryan said he was proud of legislators for "working cooperatively."

The governor still is working with the four legislative leaders to reach a deal on the state budget as well as a tax relief package.

The size of the proposed breaks for individual property owners has been a point of contention as negotiators try to decide whether to raise or lower the $300 one-time property tax break.

Negotiators also want to expand the circuit breaker program that gives property tax and pharmaceutical breaks to senior citizens and disabled adults. And they are working toward establishing an income tax credit for the working poor.

On Friday, Senate Republicans pushed through the Executive Committee proposals for property tax rebates and an expanded circuit breaker program.

In addition, the committee approved the removal of the state sales tax on gasoline.




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The New World Order has a Third Reich odor.
 
Sorry, I was unclear. It was very, very late!

The ammo MUST be kept far away from the gun. If it's nearby (immediately accessible) then it becomes a felony. So it's perfectly legal for me to have the gun unloaded and cased in the back seat--no felony or misdemeanor. But if the ammunition is then placed anywhere but in the trunk, it immediately jumps to felony. Now, practically speaking this isn't that much of a change, because the ISP and others have been arresting people for this "crime" for years and even sending out info cards to FFL's informing them that it was illegal--except that it never was! The statute that defines illegal use of a firearm doesn't mention the ammunition at all, so it couldn't possibly set a limit on how close it can be to the gun! Go to http://www.gunssavelife.com and click on Illinois transport laws to see the hounding they gave Terry Gainer when he was head of the ISP.
So now I wonder--is it possible to challenge the felony penalty set in this new law on grounds that the activity being made a felony isn't even part of the definition of illegal use of a firearms? Or did this new law just create a new category of illegal use de facto? Man, do I hate this.

And I agree with Molinaro. This was a capitulation, plain and simple. They could have stopped it on the principle that merely possessing a firearm shouldn't be a damn felony, but they refused. Well, I'm only one person but I vote and I have a long memory for vendetta. They'll be getting some phone calls next time I get to my parents' house. One of the advantages of living close to the capitol.
 
I thought the gun itself had to be LOCKED in the trunk somewhere and the ammo had to also be locked up and not in the same place. Sheesh. Oh ya, I'll feel real safe going to the range I'll be Miss Felony . But never mind the gang bangers that get off with a slap on the wrist. I hate IL too Don, your chances of getting out of here are alot better than mine. :(
 
I grew up in IL, but haven't lived there for several years. I thought things were bad then, but was shocked at some of the BS that was relayed by friends when we visited for the holidays.

I'm very glad not to have to put up with it, but am sorry you folks that live there are sadled with a lying piece of trash like Ryan. I can't understand why he can get elected when he is so blatant of a criminal. Oh.... I guess if clintstone can get elected, Ryan is not such a stretch...

Keep safe in the Midwest,

Regards
 
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