Outrage Over Gun Case May Lead to New Law

CNS News ^ | 01/16/04 | Susan Jones

[m1-lightning]

A Chicago-area homeowner who shot a burglar in his home - only to be charged with gun violations - has spurred gun groups and lawmakers into action.

The Illinois State Rifle Association is backing legislation that would shield law-abiding citizens from prosecution under "politically motivated gun control laws."

SB 2165, sponsored by Sen. Ed Petka (R-Plainfield), is intended to protect individuals who are charged with breaking municipal gun laws - if the individual used the gun in the act of defending himself or someone else.

The bill was drafted in response to a controversial shooting in Wilmette, a Chicago suburb, late last month.

In that case, a homeowner shot and wounded a man who broke into his home around 10:30 one night - the second break-in at that home in 24 hours, press reports said.

The homeowner was later arrested for violating Wilmette's ban on private handgun ownership. The man's arrest has generated nationwide protests and a flood of calls and emails to the Wilmette village hall, the Illinois State Rifle Association said.

"People of good sense everywhere are appalled that a father could be arrested and tried for defending his wife and children from a home invader," said ISRA Executive Director Richard Pearson.

"It's time to return common sense to the equation, and SB 2165 will do just that. It's difficult to imagine how anyone could oppose SB 2165, so I expect the bill to enjoy strong bipartisan support and swift passage."

The ISRA describes itself as the state's leading advocate of safe, lawful and responsible firearm ownership.

---

Debate with Paula Zahn on CNN about this issue

JEFF FLOCK, CNN CHICAGO BUREAU CHIEF: Rare crime in the quiet affluent Chicago suburb of Wilmette, Illinois. Police say this man, wearing a ski mask, breaks into the house. The homeowner calls 911 but also gets his gun and shoots the burglar who then steals the homeowner's SUV to drive himself to the hospital where he's arrested. The burglar is charged with felonies, but the homeowner is charged, too. Not for protecting himself, but for violating the town's ban on having a handgun.

UNIDENTIFIED MALE: I think he did the right thing. I think the Wilmette ordinance should be repealed.

FLOCK: An angry meeting of the village board this week packed with gun proponents, not including the police chief.

UNIDENTIFIED MALE: My experience in this village is, that handguns create a hazard in the home.

FLOCK: All but nine states limit in some way where communities can pass local gun laws. The District of Columbia and Chicago and five towns around it are the only ones to make handguns illegal. The law has been on the book for 15 years in Wilmette but now some are rethinking.

UNIDENTIFIED FEMALE: If I owned a gun, I would probably shoot someone who came into my house who was burglarizing it as well.

FLOCK: The homeowner faces a $750 fine. I'm Jeff Flock, CNN in Chicago.

ZAHN: And joining us now, two people on opposite sides. This debate over guns, Thom Mannard of the Illinois council against handgun violence. And in Washington, Larry Pratt of Gun Owners of America. Good to see both of you.

So Larry, do you think this homeowner should have to pay a fine?

LARRY PRATT, EXECUTIVE DIRECTOR, GUN OWNERS OF AMERICA: I think the homeowner should be given a medal. What we're seeing in the renewal of this debate, we're exposing once again the immorality of gun control, particularly gun bans where we're saying to somebody, well, we're not going to prosecute you for having defended yourself, but we are going to prosecute you because you used the most effective means available.

We've told the criminal class, not just in Wilmette but Washington, D.C. and England, that you're going to be safer if you work in these areas because people can't defend themselves. And the criminals get the message and crime has gone off the charts in Washington, D.C. and England. I think what we have to do is rethink this. And take a look at the data. We know that people in this country use guns some 7,000 times a day in self-defense. Far outstripping any criminal uses of these guns.

ZAHN: Tom, why do you have a problem with this homeowner defending himself?

THOM MANNARD, EXECUTIVE DIRECTOR, ILLINOIS COUNCIL AGAINST HANDGUN BAN: Well, Paula, in regards to defending himself, we don't look at that as the issue. The fact of the matter, is that the residents in the village of Wilmette along with law enforcement and elected officials there believe that their community is safer from gun violence by having this prohibition in place. ZAHN: But Thom, let me ask you that. There are only six municipalities in the country, including the one where this shooting happened, that have a handgun ban. The country doesn't seem to be behind these bans. Why do you support them?

MANNARD: We support the ability of people within their own communities to address the issue of gun violence in a way that they feel is appropriate. The police chief indicated, and the numbers indicate, that a gun in the home is much more likely to be used in an accidental shooting, in suicide, or in a domestic dispute than it is to be used in self-defense.

And we believe that if the people of a certain municipality believe that their municipality is safe from gun violence with this type of prohibition, then they should have the ability to do so.

ZAHN: Larry, do you have a problem with municipalities having that control? Is that the issue here?

PRATT: I don't think it's the issue, because Mr. Mannard's group and other defense groups are happy passing gun control legislation at the national level. That's just bunk that they believe in respecting local wishes and local control. What they're...

ZAHN: But why should -- hang on, Larry, why shouldn't local wishes be honored?

PRATT: Well, first of all, it's unconstitutional. Second, it's immoral. And thirdly, it was really stupid. It was legal to use a rifle in the self-defense situation. If this homeowner had used a rifle, he scored 50 percent of the time when he shot at a moving target in the dark in his house. If I could shoot that well, people would come to me for lessons. But two of the shots didn't hit. If he had used a rifle that had so much more energy, he would have probably had a round going through two or three of his neighbors' houses down the line.

ZAHN: Lets ask Tom about that.

Thom, would it have been more responsible for the homeowner to have used a different type of weapon here?

MANNARD: Well, the fact of the matter is, is that the homeowner could have had a firearm in the home. This was a prohibition on a handgun. In regards to Larry mentioning that it's unconstitutional, well this prohibition, as well as other prohibitions within the state of Illinois, have been found to be constitutional. If they were unconstitutional, they would have been taken off the books many years ago. And in fact, just yesterday, a judge ruled that the D.C. prohibition on handguns is in fact constitutional. And, therefore, the constitutional issue is irrelevant. What's relevant is what people in these communities believe will keep them safe from gun violence.

MANNARD: And the fact of the matter is that firearm death and injury is at a very low rate in the village of Wilmette.

ZAHN: Larry, we need a real quick last word from you.

PRATT: It is immoral to tell somebody, oh, be warm and be filled, go. And what they're telling them in Wilmette is go inside your room and lock your room and call 911. Well, once somebody's invaded your house, that means he's an aggressor, he's an invader. And in every jurisdiction of the country, including Wilmette, you have the right to defend yourself with force, and you should have the right to use the best means available, a handgun.

ZAHN: All right, gentleman, we're going to have to leave it there. You've certainly helped raise our consciousness about a very heated issue there in the Midwest. Larry Pratt and Thom Mannard, thank you for both of your perspectives.

MANNARD: Thanks, Paula.

[ought-six]

"Morton Grove, Wilmette, Oak Park, Evanston and which other?"

I think it's either Winnetka or Glencoe.

[two23]

http://www.freerepublic.com/focus/f-news/1058823/posts

See post #43--This week in GA a high school wrestling coach and his teenage son were shot and killed in their home by an intruder. The intruder fled the scene during apprehension, shot a dog (K-9?) and then was shot and killed by police officers.
(The high school and community is shocked and grieving and the local news paper runs an article today about the "poor" perpetrator.) (barf alert)
If only the coach was armed...

[Modernman]

4. Hand him a pair of scissors and tell him to run

LOL.

[two23]

"The very best home defense weapon is a 12-gauge pump shotgun loaded with 00-buck. You don't have to be a great shot and the shots (those little round .50 caliber balls that make up 00-bukshot) won't overpenetrate to threaten a neighbor's house three doors down. The perp gets hit and goes down. Period. I am unaware of any history of a full-grown adult walking away from a load of 00-buck in his chest."

I agree--but last year there was an article posted here at FR about a 65 year old widow woman who was forced to confront a home intruder. Her deceased husband left her his weapons, and she had to make a decision: Pistol or Shotgun?...she chose the pistol, she said, because (LOL) "I just had new counter tops put in and didn't want to damage them." (LOL)..yes, she shot the perp. Hilarious that this woman is thinking about her countertops while reaching for her weapon of choice!

[Modernman]

Not against handguns but for home defense the shotgun is better in my opinion.

For deterence and scaring an intruder off, the sound of a shotgun is certainly the best. However, I'd be a little leery of shooting buckshot in the house, especially if you have other people (such as a wife, kids) or pets around.

[holdmuhbeer]

For deterence and scaring an intruder off, the sound of a shotgun is certainly the best. However, I'd be a little leery of shooting buckshot in the house, especially if you have other people (such as a wife, kids) or pets around. --------------------------------------------------------------------------------

As opposed to .38 or .44 mag, i'll take the buckshot.

[mvpel]

It's time to pass statewide preemption, not just a narrow exception to local gun ordinances. Why the for half measures? They've got a situation tailor made for going for the throat of the oppressive gun laws in Illinois.

[redgolum]

I lived in the Chicago area for a while. My insurance agent told me to get a shot gun loaded with 3 1/2 steel goose shot (BBB). That way you can claim you defended yourself with what you had. Using buckshot will get you in trouble, because the prosecutor will say you must have WANTED to KILL some POOR DEFENSELESS intruder.

Needless to say, I left Chicago. Now my home defense is a 1911 loaded with +p ammo.

[CHICAGOFARMER]

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that it is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another. Effective immediately.

This is the most important legislation to be introduced this year, especially for those who live near Chicago. Write or Call in support of this bill along with your local reps and senators.

xxxxxxxxxxxxxxxxx

this is a garbage amendment!!!!

Why. Because you are confirming the regulation of firearms by cities and municipal. You are verifying the right of the cities under home rule to enact these stupid gun ordinances to prevent the ownership. All this amendment does is to prevent the jailing of an so called illegal firearm. Why not just fix the problem and outlaw all ordinances that make illegal the ownership or use of firearms in the home.

Chicagofarmer

xxxxxxxxxxxxxxxxxxxx

[76834]

You sure got that right.
IMO the "Cheif" forgot the oath he swore to uphold.

ie:
the right of the people to keep and bear arms, shall not be infringed.

[m1-lightning]

Why the for half measures?

Because we are dictated by a Democratic majority in the general assembly.

[m1-lightning]

...one that I might add tried to ban quick load weapons last year including semi auto rifles, 12 guage shotguns, etc.

[m1-lightning]

Why not just fix the problem and outlaw all ordinances that make illegal the ownership or use of firearms in the home.

And while you're at it, just ask the Senate Democrats to ban abortion too. You have to be crazy to believe these liberal idiots will support any kind of legislation such as you've described. I agree with what you want. The only way we're going to get it is to take back the General Assembly.

[sistergoldenhair]

Morton Grove, Wilmette, Oak Park, Evanston and which other?

Palatine?

[m1-lightning]

I know Palatina and Mt. Prospect both considered it but I think they back off from pressure from the ISRA

[concentric circles]

Wilmette Village Board Gets Barrage Of Criticism For Handgun Ban
Bob Roberts WBBM Newsradio 780 - January 14, 2004

The Wilmette Village Board heard a barrage of criticism of the suburb's handgun ban, and the decision to press charges against a homeowner who shot an intruder. But they showed no desire at Tuesday night's board meeting to make change.

Two former trustees who voted to approve the ordinance reaffirmed their support. Former trustee Mary S. Ryan even called it her "proudest moment." But 23 of the next 25 speakers spoke against it, although fewer than half said they lived in Wilmette.

Police Chief George Carpenter said, based on his experience, guns kept in homes were far more likely to be used against Wilmette residents in domestic quarrels or for suicides than for protection. He urged residents to dial 911 instead.

But many of the gun advocates who spoke were far angrier with trustee Bernard Michna. Michna said he had also been the victim of a break-in when he lived in Chicago, but said he believed the board was "unanimous in that there will be no change in the handgun ordinance."

One speaker used giant cue cards to illustrate his points. Others used sarcasm.

"If we hear someone screaming, may we then come out of our locked rooms and, brandishing our phones, confront the perpetrator?" asked an incredulous Henry Koslowski.

Gun advocates chuckled as Conceal Carry, Inc., President John Birch mocked the ban. "Anything that attracts criminals to your town and away from mine, is a good thing," Birch said. "I want to assure you I support your law. Keep your law and I request that you also ban knives, crowbars and maybe automobiles."

Brent Hansen of Wheeling pulled out a wad of money, waved it at the trustees and said, "I'm going to give all my money in my wallet to the defendant who is being abused by your ordinance."

Still others were blunt.

"I don't want to be the guy hauled out of my house under arrest when I shoot someone for breaking in," said Kevin Baxter, of Hampshire.

"What happens if somebody breaks into a home three months from now and kills the family," asked Derek Theclas of Wilmette. "I believe that anyone who would break into a home would have a weapon to protect themselves against the homeowner, so I don't see why we can't have…the right to defend ourselves against that trespasser."

Two Chicago radio talk show hosts even spoke against the ban, claiming listeners identifying themselves as being from Wilmette told them overwhelmingly that they were upset by the ban and the charges filed against 54-year-old Hale DeMar.

One said, "The arrogance of the trustees is appalling," and both suggested that residents defeat trustees and village board candidates who support the ban.

Village President Nancy Canafax, the last remaining member of the board that approved the ban, reminded opponents that the measure passed six weeks before an election in which its supporters won resoundingly.

"All I can says is that this community has felt secure for 15 years with this gun control," she said. "I think our residents agree with our chief, who says it has provided more safety than it has prevented harm.

She then invited opponents to test their support at the ballot box. "There's another election soon, and we'll see," she said.

DeMar, the owner of the Oak Tree Restaurant, 900 N. Michigan Av., shot Morio Billings, 31, twice on Dec. 29. Billings had allegedly broken into the DeMar home, at 35 Linden Av., in Wilmette, for the second time in two nights. He was arrested after seeking treatment at St. Francis Hospital, in Evanston, for gunshot wounds to the side and leg.

Billings is being held in the Cermak Hospital unit of the Cook County Jail in lieu of $3 million bond on two counts of residential burglary and possession of a stolen motor vehicle. DeMar is charged with failure to have a valid Firearm Owners Identification Card, and of violating the Wilmette ordinance.

[m1-lightning]

"She then invited opponents to test their support at the ballot box. "There's another election soon, and we'll see," she said."

Wonder how many out-of-towners are going to "test their support" after that comment?

[nygoose]

I think it's either Skokie or Morton Grove.

[nygoose]

She then invited opponents to test their support at the ballot box. "There's another election soon, and we'll see," she said.

Village President Canafax is quite confident that the ethnic make-up of Wilmette will ensure a vote against the Second Amendment. She seems rather arrogant about it.

[Mini-14]

little round .50 caliber balls that make up 00-bukshot

According to the labeling on my Federal cartridge boxes:

0 buckshot == .30 caliber
00 buckshot == .33 caliber
000 buckshot == .36 caliber