Concealed carry gets test case: Defense calls it `high noon' for gun-law clause

Chicago Tribune ^ | 12-13-02 | Michael Higgins

[SJackson]

The arrest of a Chicago man for carrying a handgun in a zipped container in his car could set the stage for the first test of a controversial clause in the state's gun-control laws.

Pro-gun activists have sparred for two years with Chicago-area prosecutors over whether state law allows registered gun owners to carry unloaded handguns in zipped containers, such as fanny packs.

Cook County State's Atty. Dick Devine and prosecutors in DuPage and Lake Counties have said the law does not allow carrying concealed weapons in fanny packs. But DuPage State's Atty. Joseph Birkett dropped the charges in a similar case last year, and legal experts say no Illinois court has ruled directly on the issue.

Chicago police arrested Roderick Pritchett, 25, on Nov. 20 after an officer found a 9 mm handgun in his car during a traffic stop.

Pritchett is a registered gun owner and was carrying the unloaded gun in a hard zipped case that is sold to carry computer disks, according to his lawyer, Walter Maksym of Chicago.

"It's a test case," Maksym said. "He basically told the officer, `I've got a [firearm owner's identification] card. It's unloaded and in a case.' And they charged him anyway. ... This looks like high noon" for the gun law dispute.

continued.......

[SJackson]

Illinois firearms & Second Ammendment ping list. If you'd like to be added or removed, please FRMail me..

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The police report states that the gun was loaded. Maksym disputes that. He contends the officer told Pritchett the gun was loaded because bullets were loaded into the ammunition clip, though the clip was not in the gun.

A spokeswoman for Devine said she could not comment on the specifics of the case because it had not been assigned to a prosecutor. Pritchett will be arraigned Dec. 19. The weapons charge carries a maximum sentence of 3 years in prison.

Concealed Carry Inc. of Oak Brook, a gun group raising money for Pritchett's defense, has accused Devine and other prosecutors of ignoring a provision in state law that says registered gun owners may transport an unloaded firearm that is "enclosed in a case ... or other container."

Since 2000, Concealed Carry and the Champaign County Rifle Association have advocated carrying concealed firearms in fanny packs as a self-defense measure. On their Web sites they say gun owners can unzip the pack, draw the weapon and slap in a clip of ammunition, all in a matter of seconds.

But at a news conference in December 2000, Devine, Birkett and Lake County State's Atty. Michael Waller promised to prosecute people who tried to use the supposed loophole. They said the clause was intended only for people transporting a weapon to a specific location, such as a shooting range.

"The fanny pack is little more than a 21st Century version of the Dodge City holster," Devine said. "This is not the Wild West."

Pritchett was not a member of Concealed Carry at the time of his arrest, according to John Birch, the group's president. But Pritchett contacted the group afterward, and Concealed Carry has raised more than $3,000 for a defense fund, Birch said.

"Law-abiding citizens shouldn't be considered criminals," Pritchett said. "If I'm within the guidelines of the law ... I shouldn't be harassed."

Police pulled over Pritchett's car near 87th and Ada Streets after noticing a broken taillight and an emissions test violation, according to the police report. Pritchett produced his FOI card for the officer and volunteered that "there is a gun between the seats," according to the report.

Pritchett told the officer he was carrying the gun for protection, the report said. Maksym wouldn't comment on why Pritchett had the gun.

Last year, DuPage County sheriff's police arrested a man who was carrying an unloaded gun in a pocket in a zipped leather carrying case in his backpack.

But Birkett dropped the charges, citing what he said was confusion about the intent of the law and saying the General Assembly should clarify the statute.

State Sen. Emil Jones Jr. (D-Chicago) introduced a bill last year that would have closed the fanny pack loophole. That bill and similar legislation in the House died in committee.

Jones, slated to become Senate president next year, plans to reintroduce the legislation after his party assumes control, said Jones' spokeswoman, Cindy Huebner.

Huebner said the change in control does not guarantee success because the split on gun issues tends to be along geographic rather than party lines. Chicago-area politicians tend to favor restrictions, and Downstate lawmakers generally oppose them.


Copyright © 2002, Chicago Tribune

[PistolPaknMama]

Good luck to Mr. Pritchett!

[joesnuffy]

Dont forget to grease your alderman

[facedown]

"The fanny pack is little more than a 21st Century version of the Dodge City holster," Devine said. "This is not the Wild West."

Yeah, a real quick-draw rig. </SARCASM>

[unixfox]

He contends the officer told Pritchett the gun was loaded because bullets were loaded into the ammunition clip, though the clip was not in the gun.

Sounds like a very intelligent officer. The next thing you know they will be able to distinguish a male from a female just by looking at the upper body.

[jonascord]

Mr Pritchett made the classic mistake of a suburbanite in the city. He did not have a $100.00 bill on him for the Chicago Police Orphan's Fund. I lived on the North Side for 10 years. It's the Chicago Way...

[Mini-14]

Are you joking, or do police officers really let people off for a "donation"?

[Hal.009]

Funny you should ask.....ever hear of the old term "Chicago Handshake"?

The bribe ( a folded $100.00 bill) is in your palm, held in place by your thunb. No one sees the "bribe" and, the Union official or corrupt officer, would shake your hand and then make the right things happen.

The practice is universal today but it is still refered to as the "Chicago Handshake".

[jonascord]

It was $50 in 1979, as I can attest to, personally, after being offered such a deal after a traffic accident on the Dan Ryan, at 22nd. I can only assume the price has gone up.

(I took the deal, which still makes me cringe in the dark stillness of the night. A car full of stump-jumpers from Michigan had slammed on the brakes in a panic stop to try and make an exit, and I, in my Triumph Spitfire, went right under the rear bumper.)

[TERMINATTOR]

Bang!

[supercat]

Sounds like a very intelligent officer. The next thing you know they will be able to distinguish a male from a female just by looking at the upper body.

An earlier head of the state police, Terry Gainard I believe, published a "firearm fact sheet" to law-enforcement agencies which stated that a loaded magazine was the same as a loaded gun, despite the fact that there is absolutely NOTHING in any statute which would even remotely support such a claim.

Some RKBA groups have pushed for the state police to correct their "fact sheet", and it seems they have done so as the current one specifically states that a loaded magazine is legal provided it is not installed in a firearm. Some cops, however, apparently "like" the "law" better the other way.

[El Gato]

"This is not the Wild West."

Of course it's not. Dodge Cityin it's heyday, was a much more peacefull and safe place for ordinary citizens, than the south side of Chicago is today, or was then for that matter.

[El Gato]

state police to correct their "fact sheet", and it seems they have done so as the current one specifically states that a loaded magazine is legal provided it is not installed in a firearm

Since this is the state of Illinois or the City of Chicago, and not the IRS, the guy should get off in court because he relied on the "advice" from the state police as to the meaning of the law, thus their being no criminal intent, there is no crime.

[Mini-14]

I guess I'll have to start carrying a little more cash the next time I venture into Devine's "Wild West" show.

[TheRightGuy]

Are you joking, or do police officers really let people off for a "donation"?

No joke, it's been the Chicago way forever, although it's not as blatant now as it used to be. Once about 30 some years ago I was stopped (rightfully so) on the Dan Ryan. I was just moving back to Illinois and was driving on an out-of-state license.

The cop reminded me that is was a shame the points for ticket would go right onto my new Illinois license. He told me the only way that could happen was if he didn't write me a ticket. When I asked how I ciould avoid him writing the ticket, he replied, "I can't make any suggestions, I can only listen."

As I palmed a 20 and passed it to the cop, he nodded approvingly and told me to get on my way. As I turned away he tossed the 20 onto the floor of his front passenger seat. I saw it land near an open cigar box already overflowing with the day's take. Centainly not a bad day's take, especially in 1970 dollars.

[monkeyshine]

In California the law is that the weapon must be unloaded, and transported in a case, and the case must be locked.

[monkeyshine]

The ammunition must be kept apart from the gun, in California. It cannot be in the same case as the weapon.

[supercat]

Since this is the state of Illinois or the City of Chicago, and not the IRS, the guy should get off in court because he relied on the "advice" from the state police as to the meaning of the law, thus their being no criminal intent, there is no crime.

The law in Illinois NEVER said anything remotely like what Terry Gainer claimed on his so-called "fact sheet". If this guy did not have the magazine in the gun, then IMHO, Terry Gainer, the arresting officer, and everyone involved on the arrest should be co-defendants in a wrongful arrest suit, for prosecuting someone for violating what they thought the law should be (rather than what the law actually said).

[Redbob]

In Michigan, it was a more common practice to keep a twenty folded up with your driver's license. When you handed the officer the license, the twenty was on the back of it.
If he said "What's this, a bribe?" - and this never happened to me! - you'd say "Oh, no, Officer, it must have stuck to the license in my wallet!"

But the much more common event was that you simply got let off with a "warning."

[sistergoldenhair]

Lake County State's Atty. Michael Waller

Time to start looking for his replacement.

[SJackson]

Not in Illinois, ammunition (including a loaded magazine) can be carried in the same case and locks aren't required.

Actually, this guy violated the wildlife code, which requirs the case be designed for a firearm. Guess the local game warden wasn't concerned.