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View Full Version : ANOTHER VICTORY - Wilmette, Illinois REPEALS '89 handgun ban


Liberty1
07-23-2008, 2:38 PM
http://www.pioneerlocal.com/wilmette/news/1069850,wi-handgun-072308-s1.article

July 23, 2008

By Ken Goze kgoze@pioneerlocal.com

Wilmette village trustees voted Tuesday night to strike the village’s 1989 handgun ban from the books in the wake of last month’s U.S. Supreme Court decision to overturn a Washington, D.C., ban.

Village officials suspended enforcement of the ordinance shortly after the June 26 ruling and said it would probably not withstand legal challenges based on the court’s reasoning in the ruling, which said outright gun bans are unconstitutional.

The proposed ordinance to repeal the local ban was passed unanimously late Tuesday night.

“The Supreme Court has made their decision. It calls into question our ordinance,” said Village President Chris Canning. “We thought the best thing to do was to suspend enforcement immediately and then look at our legal options, and at least personally, I think the strongest option that would give a clean slate to the whole situation would be to repeal the ordinance.”

Trustees said they would explore other possible regulations, but felt the current ordinance would not withstand a legal challenge.

Several residents urged the board to retain the ordinance as they study alternatives.

“To me, it’s unseemly haste,” Mark Singer said.

The ordinance, which levied fines of up to $750 and allowed police to seek the destruction of seized weapons, has been enforced rarely over the years, in part because police usually found weapons in circumstances that involved more serious state laws.

The last time it was invoked, in 2004, involved a homeowner who shot and wounded an intruder in his east side home.

The citation brought a backlash from gun-rights groups across the state and a state law that ultimately led to the ticket’s dismissal, but since that time, trustees say they have heard little sentiment for or against the ban.

In the absence of issues such as the 2004 incident, trustees on both sides of the question have preferred to leave it alone. When it did come up, they often found themselves in a packed board room with a heated debate between out-of-town advocates.

“In the last election two people talked to me about our handgun ban, one person being for it and one person being against it,” Village Trustee Karen Spillers said in the weeks after the court ruling. “At least from my experience it has not been an issue that is top of mind for people in Wilmette.

“More people have talked to me about getting more diverse dining options than about the handgun ban.”



http://www.wbbm780.com/pages/2650983.php?

Wilmette Handgun Ban Dead, 7-0 Vote Repeals Law


WILMETTE, Ill. (WBBM) -- Wilmette's handgun ban is dead.

The village board voted Tuesday night 7-0 to repeal the 19-year-old ban, following 45 minutes of discussion and public comment.

The ordinance has not been enforced since last month's U.S. Supreme Court ruling affirming individual gun ownership rights in the case of the District of Columbia vs. Heller.

Nonetheless, Village President Christopher Canning said village attorney Timothy Frenzer feared legal action by opponents of the ban if it were to remain on the books.

“The Village of Wilmette ordinance, as it is drafted and on the books today, would not withstand constitutional scrutiny, and therefore should be repealed,” Canning said. “That has to go.”

Despite advance publicity, only five people turned out to speak. Three disputed Canning and Frenzer's position and urged retention of the ban. One favored repeal and a League of Women Voters (LWV) representative called for quick consideration of a new ordinance.

“If the pending cases establish that Heller does not apply to the states, we'd look pretty foolish to have repealed our ordinance unnecessarily,” said Wilmette resident Mark Singer.

Parent Amy Rogers argued that repeal should have been delayed until a successor ordinance was on the books.

“I think that everyone agrees that to repeal these gun regulations without the appropriate protections in place for our children is not a good decision,” Rogers said.

But admitted gun owner Joel Siegel said the National and Illinois State Rifle Associations were poised to file immediate suit if the repeal failed, and said any fight to save it would amount to “beating a dead horse.”

He instead urged that Wilmette utilize NRA programs to train any child who wants gun training.

“Young people, when properly instructed, can be responsible and will not abuse a firearm,” he said.

Siegel, a retired teacher, said he came directly from a youth training session at a Kankakee firing range.

A gun control group, Legal Community Against Violence, promises to prepare a draft ordinance in about a month. Trustees Lali Watt and Mari Terman said, when casting their votes, that they wanted to see a full discussion of potential replacement measures as soon as possible. Canning said that Wilmette will discuss it, but would not promise introduction of the measure, much less passage.

Canning, Levin and Trustee Michael Basil (BAZ'-il) made it clear Wilmette would rather watch the court battles from the sidelines.

“We could discuss it at any length that we want, but the law right now is in a state of gross uncertainty,” he said. “While it will be interesting to look to possible legislation, I would suggest that anything we do until there are cases, Supreme Court cases that set some sort of ground rules for gun regulation, we're just asking for the same fiscal irresponsibility in that we would be defending our legislation at the taxpayers' expense,” he said.
He said getting “some sort of direction” would take “a couple of years at least.”

The ban generated controversy when it passed in 1989, in the wake of the shootings at Winnetka's Hubbard Woods Elementary School. It generated even more headlines after restaurateur Hale DeMar shot an intruder in his lakefront home in December 2003. The Cook County State's Attorney's office refused to prosecute DeMar, but the village assessed DeMar a $750 fine.

Siegel said the village's actions in the DeMar case made it “the laughing stock of the nation.”

League of Women Voters representative Georgia Gephardt urged passage of replacement ordinances providing for licensing of guns, a waiting period before purchase, mandatory identification checks and annual renewal requirements, calling handguns “a health and safety threat.”

sorensen440
07-23-2008, 2:40 PM
I wish our lawmakers would act that fast

Theseus
07-23-2008, 2:43 PM
http://www.pioneerlocal.com/wilmette/news/1069850,wi-handgun-072308-s1.article

Good to see the leaders trying to save money and time than to try and defend a law they knew might not stand up. This is the kind of leadership we need in CA. . Well. . . not the kind that would pass the law, but with the foresight and fortitude to know when they are wrong and fix it.

dfletcher
07-23-2008, 2:54 PM
They repealed the ban - was it in effect then replaced with Illinois state law?

Liberty1
07-23-2008, 2:56 PM
They repealed the ban - was it in effect then replaced with Illinois state law?

Their ban was more restrictive then state law. I haven't heard that Il. state law bans handguns.

http://icarry.org/

ViPER395
07-23-2008, 3:00 PM
Who is going to forward this to Feinstien, Boxer, Nunez, Perata, etc etc...

Cato
07-23-2008, 4:35 PM
Sounds like they are living up to their oath of "supporting and defending the Constitution of the United States."


Bravo

chris
07-23-2008, 5:20 PM
I wish our lawmakers would act that fast

great news.

the only our lawmakers would move that fast if it was a huge tax increase to fund their socialist programs. other than that a pond would move faster.

Nose Nuggets
07-23-2008, 5:22 PM
wow, sounds like these guys are actually doing their job. im a little astounded, actually.

jerryg1776
07-23-2008, 9:50 PM
“We could discuss it at any length that we want, but the law right now is in a state of gross uncertainty,” he said. “While it will be interesting to look to possible legislation, I would suggest that anything we do until there are cases, Supreme Court cases that set some sort of ground rules for gun regulation, we're just asking for the same fiscal irresponsibility in that we would be defending our legislation at the taxpayers' expense,”

Fiscal irresponsibility at the tax payer's expense - HOLY CRAP!
Bet that phrase will never come out of a CALI POLITICIANS mouth. I think someone should tell ole Gavin and some of our pols here to take a lesson from this guy! Don't piss away our tax money on stupid stuff.

glockman19
07-23-2008, 10:14 PM
Our legislators can't even get a budget and balance it. They're to busy socially engineering their perfect society.

I don't know why they're having such a hard time they always spend more than they have anyway and are always asking for more.

They don't have enough time to follow the state or national constitutions.