Posted on 04/21/2014 9:13:55 PM PDT by smokingfrog
A 69-year-old Skokie man filed a lawsuit Monday in federal court claiming the state unconstitutionally denied him a permit to carry a concealed gun.
John Berron applied for a concealed carry permit on Jan. 5. He got a letter on March 19 that said that the Illinois Concealed Carry Licensing Review Board received an objection to his application and found he was ineligible for a permit. The Illinois State Police denied his application on that date.
Berron wasn’t told why his permit was denied, said his attorney, J.D. Obenberger.
Court records show he was arrested in 2000 for resisting a police officer and criminal damage to property, both misdemeanors. He was convicted and received court supervision.
In 2006, he was arrested once again for resisting a police officer and criminal damage to property. He was convicted and received conditional discharge for resisting a police officer and was ordered to pay a $200 fine and more than $1,400 in restitution for the property damage, records show.
Berron claims the state violated his right to due process in denying his concealed carry application without allowing him to present his case to the licensing board. He’s asking the court to overturn his denial and give him a concealed carry permit.
“This isn’t a privilege, it’s a constitutional right,” Obenberger said.
Obenberger said the state began issuing concealed carry permits only after a federal appeals court ruled the constitution includes the right to carry handguns outside the home for the purpose of self-defense.
Obenberger called the rules surrounding Illinois’ issuing of concealed carry permits an illegal “smell test.”
“If the police chief doesn’t like you, he can object to you,” Obenberger said.
Berron is suing the state licensing board, the state police and the village of Skokie.
(Excerpt) Read more at politics.suntimes.com ...
He's entitled under the Constitution.
I notice the constitution does not say “the right to bear arms, if you have a clean police record, shall not be infringed”.
He seems a little old to be having run-ins with the law.
i’d rather see a guy with misdemeanors having a chance than violent felons.
His crimes are misdemeanors and thus he is not a prohibited person. In his particular circuit jurisdiction, the right to bear arms is a constitutional right and Ill has been ordered to issue them. He may be a marginal applicant, but this is shall-issue, not may-issue. If we give gov’t discretion, the right will become a privilege.
If someone in my neighborhood had been arrested for these kinds of misdemeanors, I would be uncomfortable with that person bearing arms. This guy’s arrests do tell us something about his lack of self-control. Sorry, fellow.
sounds like he was bickering with a neighbor or something... those charges sound bad but probably mostly harmless. Simply arguing with a cop gets you resisting charges, it’s their ace they keep up their sleeve for when you pi#$@ them off. the other one is disorderly conduct.
In many cases, it doesn’t take much to get charged with “resisting”.
Screw this islamocommunist government. I stand by The Constitution.
Don’t know the particulars of this case but we’ve seen some pretty brutal videos where innocent folks attempting to defend themselves from assault by cop and are charged with resisting.
Meanwhile, abortion, which is not in the constitution, would not be denied to any woman for any reason, and the slightest intrusion into this so-called “right” would be declared illegal.
In the real world anyone can gather charges like this....
Just by being there.
I know a kid who got a bracelet on for a yr....for barking back at a police dog.....that was barking at him....for no reason...he was walking by.
I know another one who got 2 yrs susp..and a braclet when the wrong person saw him kick a junk dresser he bought from a garage sale for $3....
I know another kid who got 2k fine and anger management when the wrong person saw him throw his own phone on the ground.
I know another guy who got around 2 yr susp and anger manag...when the police found him...curled in a ball in his kitchen in a puddle of blood with lacerations on his arms and across the top of his head.....this happened -after- his wife had crashed the car in the driveway...then cut all their leather furnature up with a large knife...he yelled at her to stop....she had not a mark....he was charged assault....she got the house....she got the kids....he got a restrain order...”after 2 wks in hosp”.
I know a lot of guys....”funny one”guy I know comes home from work,,,has no clue of any problem at all.....walks in the door....wife of 3 yrs 2 kids ...no job....says”get out I dont want you here”.he says ok walks outside ....police are there....”help” him get in his car. goes motel....wife calls next day...”come and get your stuff”...walks to the door....strange guy opens the door....wearing his pajamas ....pointing his shotgun at him...says”heres some clothes”throws a suitcase out the door...
Another one...nice guy I worked 10 hrs a day w for 9 yrs...
never a loud voice...no swearing...comes home to restrn order.....complaint?..from 20 yr wife?..”when I was yelling at him he ....”smiled evil” at me”.....lol
Guess what.....Ann Rand was right.
Who’s Ann Rand?
You forgot obstructing or hindering an investigation. That’s another charge used by police to punish anyone who they think isn’t being cooperative.
If he’s too dangerous to be trusted with a firearm, lock him up and provide protection for him.
Hey, it’s Illinois. Illinois, like odumbo and Holder make their own laws. Who gets a CCW permit is at their discretion and in their minds (small as they be) they have spoken, thus “no permit”.
It gets worse. I have a friend who was denied because of someone elses crime. He has a fairly common name, evidently sharted by a criminal in another part of the state (Illinois). He’s trying to get that mess straightened out but it could take years.
It really should not be a problem, after all, he has a different S.S. number, different finger prints etc. but he’s having to deal with Illinois state government.
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