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JohnRich

Armed Self Defense Lands Homeowner in Legal Trouble

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The Wilmette ordinance has been in effect for many, many years and is well known. If Wilmette residents don't like it they can (a) elect a new city council and have it changed, or (b) move to another town.



So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws elsewhere in America?

Just reply "yes" or "no". Try not to avoid answering the question with your usual noncommittal deflection



what's wrong with option (a) ?

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The Wilmette ordinance has been in effect for many, many years and is well known. If Wilmette residents don't like it they can (a) elect a new city council and have it changed, or (b) move to another town.



So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws elsewhere in America?

Just reply "yes" or "no". Try not to avoid answering the question with your usual noncommittal deflection



what's wrong with option (a) ?



That doesn't keep law-abiding people from being reclassified as "criminals" until the next election cycle comes around.

A city council that doesn't trust it's law-abiding citizens to own guns, is one that is certainly unworthy of their positions, and deserve to be thrown out.

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>So you are in favor of law-abiding people being driven out of their
> homes and forced to move, because some goofball city councilmen
> pass an ordinance that contradicts the common laws most
> everywhere else in America?

In general I believe in the right of each state to pass any laws they so choose. Yes, people can be "forced to move" to Nevada if they don't want to pay California income tax, and a hardworking prostitute can be "forced to move" there as well to find legal work. ("Forced to move" is in quotes because they are not, of course, forced to do anything. They can choose to move, or choose not to.)

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The Wilmette ordinance has been in effect for many, many years and is well known. If Wilmette residents don't like it they can (a) elect a new city council and have it changed, or (b) move to another town.



So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws most everywhere else in America?

Just reply "yes" or "no". Try not to avoid answering the question with your usual noncommittal deflection.



Bogus question, no one is being driven out any more than the election of George Bush forced me to leave for Canada. If they don't like it there they are free to leave, or stay and try to change things.

I am in favor of electing a council that passes laws to my liking, and of electing "anyone but Bush".
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The Wilmette ordinance has been in effect for many, many years and is well known. If Wilmette residents don't like it they can (a) elect a new city council and have it changed, or (b) move to another town.



So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws elsewhere in America?

Just reply "yes" or "no". Try not to avoid answering the question with your usual noncommittal deflection



what's wrong with option (a) ?



That doesn't keep law-abiding people from being reclassified as "criminals" until the next election cycle comes around.

A city council that doesn't trust it's law-abiding citizens to own guns, is one that is certainly unworthy of their positions, and deserve to be thrown out.



Your definition of "law abiding" is curious, given that in Wilmette it is a violation of the law to possess a handgun, and that law has been upheld in Federal court, Federal Appeals Court, the IL Supreme Court, and that the US Supreme Court let the lower court decisions stand.

By your standards, Tim McVeigh was a law abiding citizen who just liked blowing things up.
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A city council that doesn't trust it's law-abiding citizens to own guns, is one that is certainly unworthy of their positions, and deserve to be thrown out.



So apart from the next round of elections how would they throw out the city council?
Do you want to have an ideagasm?

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So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws most everywhere else in America?



Bogus question, no one is being driven out... If they don't like it there they are free to leave, or stay and try to change things.



I tire of your repeated efforts to inject Bush-bashing into unrelated threads. I'm not going to address such things here. There are other threads for that, if you wish to indulge your hatred for President Bush.

Back on topic.

As soon as that city ordinance was passed, those gun owners became criminals. Thus, they had to either leave their homes and move somewhere else, or forfeit their previously legally owned property.

They couldn't stay and try to change things, because that would put them at risk of arrest. And once they leave to preserve their legal status, then they are no longer residents with standing to change things. Few people are willing to endure arrest in order to gain "standing", and spend thousands of dollars, in order to challenge a stupid law. Thus, it's a Catch-22 in which the anti-gun nuts win by default.

I call that "being driven out".

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So you are in favor of law-abiding people being driven out of their homes and forced to move, because some goofball city councilmen pass an ordinance that contradicts the common laws most everywhere else in America?



Bogus question, no one is being driven out... If they don't like it there they are free to leave, or stay and try to change things.



I tire of your repeated efforts to inject Bush-bashing into unrelated threads. I'm not going to address such things here. There are other threads for that, if you wish to indulge your hatred for President Bush.

Back on topic.

As soon as that city ordinance was passed, those gun owners became criminals. Thus, they had to either leave their homes and move somewhere else, or forfeit their previously legally owned property.

.



Pretty much any time a new law is passed, someone that was previously law-abiding becomes a lawbreaker. If you don't like this fact, the only way to prevent it is a moratorium on new laws of any kind whatsoever.
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Now, will someone please explain how the fact that this town is comprised mostly of affluent, successful individuals has anything to do with the fact that one of its residents used a legal firearm to legally (and legitimately) defend his house from someone trying to burglarize it?



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Well, since you can't figure it out for yourself, it was information on the type of community that passes ordinances banning handgun ownership. Wealthy, white, conservative.



Yes, just like inner-city Washington D.C., where handgun ownership is banned. Wealthy, white, conser-- WHAAA?!

Try again, Kallend.

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-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"

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"Wilmette's gun-ban ordinance was enacted in 1989 after a deranged woman shot several children in a local school." - National Review Online

Couldn't figure Wilmette's gun ban until I read that line. Chicagoland was gripped that day by the horror & shock of local news alerts telling of the execution of little school children by that psycho woman, Lori Dan. (sp?) The handgun ban apparently appealed to Wilmette's compulsion to do something "corrective" in the wake of unimaginable tragedy perpetuated by a murdering suicidal maniac's use of a handgun - Police were to thereafter confiscate all handguns they came across in town.

Anyway, our pro gun types failed to post a compelling argument against gun bans - Hale Demar's first hand account of the incident - how he was forced to stop a lifelong criminal's 2nd invasion in 2 days of his occupied home. It took police 13 minutes to respond after his home security alarm went off. Demar's 90 pound German Shepard didn't deter the invader nor did abundant lighting.

http://www.talkaboutgovernment.com/group/alt.politics.usa.constitution.gun-rights/messages/88298.html

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Pretty much any time a new law is passed, someone that was previously law-abiding becomes a lawbreaker. If you don't like this fact, the only way to prevent it is a moratorium on new laws of any kind whatsoever.



You're not doing so well on points of law lately prof.

MOST laws, when they are passed, apply to the future. This is circumstance is referred to as ex post facto. Quite simply, when acts are outlawed, those that have already been committed are not crimes (at least, they cannot be punished).

John's point is that a person who has commited no crime and takes no new action, who causes no harm an has no intent, is suddenly a criminal. I don't like the idea of instantly becoming a felon when I cross state lines (or in this case, city limits).
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Pretty much any time a new law is passed, someone that was previously law-abiding becomes a lawbreaker. If you don't like this fact, the only way to prevent it is a moratorium on new laws of any kind whatsoever.



You're not doing so well on points of law lately prof.

MOST laws, when they are passed, apply to the future. This is circumstance is referred to as ex post facto. Quite simply, when acts are outlawed, those that have already been committed are not crimes (at least, they cannot be punished).

John's point is that a person who has commited no crime and takes no new action, who causes no harm an has no intent, is suddenly a criminal. I don't like the idea of instantly becoming a felon when I cross state lines (or in this case, city limits).



You are confused. The Wilmette ban didn't make criminals of those who owned guns before it was passed. They had plenty of time to comply.
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Indeed. These are the ones who have armed security to protect them, a la Rosie McDonnell.

Don't forget Senator Diane Fienstein, who, while trying to disarm all of America, had a California Concealed Pistol License and was packing a .38 in her purse. When asked about this by reporters, she said that she needed to be able to protect herself. As if the rest of us aren't worthy of that right.>:(

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In general I believe in the right of each state to pass any laws they so choose. Yes, people can be "forced to move" to Nevada if they don't want to pay California income tax, and a hardworking prostitute can be "forced to move" there as well to find legal work. ("Forced to move" is in quotes because they are not, of course, forced to do anything. They can choose to move, or choose not to.)

/reply]how about a state passing laws restricting Free Speech, or the right to worship freely, or the right to due process of law? If you don't like that, then F&#@in' move, buddy! We are talking about a Constitutional Amendment Right, to own firearms and to protect ourselves with them. The founding fathers recognized self defense as one of the most basic, undeniable, inherent rights of man. How could anyone deny that right, to self defense?

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Indeed. These are the ones who have armed security to protect them, a la Rosie McDonnell.

Don't forget Senator Diane Fienstein, who, while trying to disarm all of America, had a California Concealed Pistol License and was packing a .38 in her purse. When asked about this by reporters, she said that she needed to be able to protect herself. As if the rest of us aren't worthy of that right.>:(



Exactly the annointed liberal standard. "I need a gun for protection, because I am important. You peasants don't need protection. Who'd go after you?"


My wife is hotter than your wife.

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***
In general I believe in the right of each state to pass any laws they so choose. Yes, people can be "forced to move" to Nevada if they don't want to pay California income tax, and a hardworking prostitute can be "forced to move" there as well to find legal work. ("Forced to move" is in quotes because they are not, of course, forced to do anything. They can choose to move, or choose not to.)

/reply]how about a state passing laws restricting Free Speech, or the right to worship freely, or the right to due process of law? If you don't like that, then F&#@in' move, buddy! We are talking about a Constitutional Amendment Right, to own firearms and to protect ourselves with them. The founding fathers recognized self defense as one of the most basic, undeniable, inherent rights of man. How could anyone deny that right, to self defense?



No-one was denied the right to self-defense. If a Wilmette resident wished to have two loaded shotguns in every room of the house and another six in the garage, that was OK. On the whole, a shotgun is a better home defense weapon than a handgun anyway.
...

The only sure way to survive a canopy collision is not to have one.

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>how about a state passing laws restricting Free Speech . . .

There are such laws. You cannot protest where you choose in Washington, DC; they confine anti-government protesters to certain areas. Parades, even parades for political causes, need permits in many cities, and such permits are often denied. You are not permitted to yell "fire!" in a movie theatre, even if you feel it is your god-given free speech right to yell fire wherever you want. These are all restrictions on free speech. If you feel your rights are truly being trampled upon by such laws, your options are to a) move or b) take it to the courts. Both are good options.

>or the right to due process of law?

Don't know if you noticed this, but that's not an absolute law of the land any more. You can be arrested and held indefinitely for no reason; it's happened. The war on terror and all. That's a bigger problem because it's harder to 'just move.' Option b) is a better choice there, and it's being debated in the courts right now.

>We are talking about a Constitutional Amendment Right, to own
> firearms and to protect ourselves with them.

I agree that any state that banned the private ownership of guns would be in direct contradiction of the second amendment, and I would hope that a court challenge to that law would quickly be mounted. A great many states have restrictions on what you can and can't own, who can sell guns, how long you have to wait for them, what permits you need etc. Some are good laws, some aren't. Again, the best two approaches to that are to a) move or b) challenge it in court.

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/***No-one was denied the right to self-defense. If a Wilmette resident wished to have two loaded shotguns in every room of the house and another six in the garage, that was OK. On the whole, a shotgun is a better home defense weapon than a handgun anyway.

As usual, a well thought out reply from you. Although I own both, I prefer a handgun for self-defense over a shotgun, but that's a whole 'nother debate. The banning of one weapon is often a prelude to the banning of the next, and the next, and the next. Soon, you're right there with New York City and Washington DC, in a total victim disarmanent zone. And no town council should have that kind of power over what's in my gun safe, or where I worship, or what kind of politics I espouse. That's my dogma, and I'm sticking to it.:ph34r:

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There are such laws. You cannot protest where you choose in Washington, DC; they confine anti-government protesters to certain areas. Parades, even parades for political causes, need permits in many cities, and such permits are often denied.
>or the right to due process of law?

You can be arrested and held indefinitely for no reason; it's happened. The war on terror and all.


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True enough, and that's a crying shame, too. Those who give up freedom for a little security will have neither and deserve neither.

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No-one was denied the right to self-defense. If a Wilmette resident wished to have two loaded shotguns in every room of the house and another six in the garage, that was OK. On the whole, a shotgun is a better home defense weapon than a handgun anyway.



Which type of firearm is "better" for home defense is a matter of personal opinion and preference.

They shouldn't persecute someone simply because he chose to use a different type of firearm.

And if they trust their residents with shotguns, then there is no reason why they shouldn't also trust them with handguns.

This ordinance is just a knee-jerk response to a bad shooting, which accomplishes nothing, and as we see in this case, causes innocent law-abiding people to suffer. Just like the large majority of gun-control laws on the books.

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>how about a state passing laws restricting Free Speech . . .
...You are not permitted to yell "fire!" in a movie theatre, even if you feel it is your god-given free speech right to yell fire wherever you want.



That one is a bad analogy.

The person who yelled "fire" was not muzzled when he entered the theater to prevent him from yelling that word. There were no restrictions on his freedom of speech in advance - no "prior restraint", to use the legal terminology. He was only punished after he exhibited irresponsible behavior by yelling "fire", where there was no fire.

On the other hand, in the instant case with handguns, the residents were suffering under prior restraint. Ownership of some guns was denied to them, on the assumption that they will be irresponsible and misuse them, even though no such evidence of dangerous behavior exists. They didn't even have to actually do anything bad with their handguns, just the mere possession was sufficent to be illegal.

So the equivalent example with free speech, would be to require people to have their tongues muzzled when they enter theatres, so that they are incapable of shouting "fire". Just passing a law punishing them if they shout "fire", isn't the same, because that actually requires a bad act to occur, before they are punished. To be comparable with the gun case we're talking about, all theatre patrons would have to have their tongues muzzled as they enter the theatre, regardless of how responsible they might be. They should all be presumed to be dangerous, and denied the use of their tongues. It would be preemptory punishment, rather than after-the-fact.

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>On the other hand, in the instant case with handguns, the residents
>were suffering under prior restraint.

Oh, my mistake. I thought we were talking about the story as described in the original post, in which a homeowner was prosecuted only _after_ using the weapon. Was there another story about someone's gun being confiscated before use?

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No-one was denied the right to self-defense. If a Wilmette resident wished to have two loaded shotguns in every room of the house and another six in the garage, that was OK. On the whole, a shotgun is a better home defense weapon than a handgun anyway.



Which type of firearm is "better" for home defense is a matter of personal opinion and preference.

They shouldn't persecute someone simply because he chose to use a different type of firearm.

And if they trust their residents with shotguns, then there is no reason why they shouldn't also trust them with handguns.

This ordinance is just a knee-jerk response to a bad shooting, which accomplishes nothing, and as we see in this case, causes innocent law-abiding people to suffer. Just like the large majority of gun-control laws on the books.



I don't disagree with you, but the ordinance was passed decades ago, the citizens haven't thrown out the bums who passed it despite several opportunities, and it has been upheld in the courts.
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