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| This is a cowardly act meant to avert and postpone addressing the real violence issues in Chicago. |
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| quote: Originally posted by hrcjon: I think every State already has a law to commit someone who has an issue for evaluation. The difference on these is that the standard of evidence and the ability of the accused to respond are totally unacceptable and counter the normal rights given everyone.
Agreed. These red flag laws are written by gun hating democrats with no regard to the Second Amendment rights of an individual and could care less if the accused ever gets his firearms back. They want to encourage people to do this with no or little repercussions for those that do so falsely and the onus is on the accused to prove he is not a threat to himself or others. I wonder how any gun owner who thinks these laws are a good idea would feel if they were the target of such by a pissed off neighbor or a family member that hates them because of their politics and they have to spend $30,000 in legal fees and a year of their time to get their firearms back. Even with such laws enacted there is no way to prevent any determined individual from obtaining a firearm unless they are put in an institution or incarcerated. Florida had a similar in place and even with calls to police and the FBI it did no good preventing the killer from doing what he did. More "feel good" legislation that anyone who values their Second Amendment Rights should be extremely concerned about. |
| Posts: 9928 | Location: Northern Illinois | Registered: March 20, 2009 |
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Knowing is Half the Battle
| quote: Originally posted by Sigmund: quote: Originally posted by newtoSig765:
...Still, Rauner is the asshole here, and it won't be forgotten come election time...
I hear what you're saying, but what options are there for IL voters?
Iowa, Missouri, Indiana, Kentucky, Wisconsin. |
| Posts: 2626 | Location: Iowa by way of Missouri | Registered: July 18, 2002 |
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| ^^^^^^ I'm campaigning for a move to Wisconsin.
-------------------------- Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats. -- H L Mencken
I always prefer reality when I can figure out what it is. -- JALLEN 10/18/18
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| Posts: 9437 | Location: Illinois farm country | Registered: November 15, 2008 |
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| Interesting article at TTAG about this law. I am certainly against it but it seems it is better than the red flag laws in other states if I read the article correctly. http://www.thetruthaboutguns.c...r-of-protection-law/From the article: quote: Illinois Carry’s spokewoman Valinda Rowe posted this on Illinois Carry last Friday.
HB2354 Update – Firearm Restraining Order – Emergency Intervention
We have been in conversation about this bill with some of the most knowledgeable Second Amendment attorneys and 2A experts in the nation. In their opinion this is one of, if not the best bills of its kind.
We started out with HB772 Lethal Violence Order of Protection which was an outrageous gun grab bill. We all fought with everything we had to defeat that version and then went on to fight to amend this version. At times it felt like a knockdown, drag out fight in the ring, at other times it was more like peace negotiations in the middle east – never easy. Nonetheless, we were able to change this monstrosity around and now the experts are telling us this bill is now more of an Emergency Intervention bill that addresses more of the real problems of mentally ill who are a danger, domestic abusers who are a danger, and those threatening terrorist acts. This bill could possibly set a new standard by which these emergency situations can be deescalated and lives saved, referring to the Waffle House, Parkland High School, and the like.
The attorneys seem to think the bill meets due process and constitutional muster because the order is not final until the firearm owner has their day in court, which must happen quickly.
What makes this bill exceptional compared to the gun grab bills:
1. The requirement for clear and convincing evidence is a high bar to provide and is one of the highest standards in the country.
2. The order is not final until the person has their day in court and that must happen within 14 days. This could even happen as early as that day or the next.
3. Ownership is not prohibited and the firearms can be transferred to someone the person trusts for safekeeping.
4. Property is returned without need to petition the court.
5. If the clear and convincing evidence of being a danger is indicative of a mental illness, the judge can issue an order for a mental health evaluation.
6. If the clear and convincing evidence of being a danger is indicative of a criminal act/terrorism, charges can be filed and an arrest warrant can be issued at the same time.
7. In the meantime, the firearms are removed from the scene and taken into safe keeping until the orders are dismissed or expire.
8. FOID/CCL could be suspended instead of revoked (if there are no additional circumstances that would make the person ineligible for a FOID/CCL). These would then be reinstated when the order is dismissed or expires. If you have been following the nightmare we have with FOID/CCL appeals, you know this is a HUGE win.
9. The penalty for false testimony is a felony and is another deterrent for abusing the process.
There are a few tweaks we would like to see and the sponsors have agreed to a trailer bill. We know trailer bills do not always happen but the major issues we fought for are in this bill. It’s better than Indiana, better even than Florida’s, in my opinion.
Where we are now – If the Gov. signs the bill as is, with the current promise for a trailer bill from the sponsors, we get a reasonable Emergency Intervention bill now with the little fixes to come in the new session.
If the Gov. vetoes or amendatory vetoes the bill, the risk is real that the whole bill will be lost and we lose all the hard work we put into getting amendments in this bill and would have to start over. In the meantime, heaven forbid if there is another killing (or worse, one in IL) – the hysteria would then drive the legislative language and it would be impossible to hold it back. If that happens, most legislators will be afraid to not support a bad bill for fear of appearing uncaring to the victims and their families.
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| Posts: 9928 | Location: Northern Illinois | Registered: March 20, 2009 |
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| Sounds like Illinois Carry is as naïve about Illinois politics now as ISRA was when Little Richie Daley talked them into the FOID card. I warned them back then it was a trap, but they chose not to believe me, and it's just gotten worse since then. Camel's nose in the tent sort-of-thing. I know there are worse states to deal with (CA, NJ, NY, MD...etc), but IL is competing and aims to out-do all of them.
-------------------------- Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats. -- H L Mencken
I always prefer reality when I can figure out what it is. -- JALLEN 10/18/18
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| Posts: 9437 | Location: Illinois farm country | Registered: November 15, 2008 |
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Never miss an opportunity to STFU
| Gun control and confiscation has many faces. Lots of room for abuse.
Never be more than one step away from your sword-Old Greek Wisdom |
| Posts: 2295 | Location: SE Mich-- USA | Registered: September 10, 2002 |
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