Winnebago County weighs legality of gun resolution

[raiven]

Winnebago County weighs legality of gun resolution


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By Chris Green
RRSTAR.COM
Posted May 06, 2008 @ 08:55 PM
Last update May 07, 2008 @ 06:27 AM

ROCKFORD —
Illinois and Wisconsin are the only two states in the country that do not allow citizens to carry concealed firearms.

At least two Winnebago County Board members would like to see that changed in Illinois, starting in Winnebago County.

Randy Olson, R-1, and Doug Aurand, D-3, plan to present a resolution to the County Board this month authorizing concealed carry within the boundaries of the county.

“I put it together a couple years ago,” Olson said of the resolution. “I had a few members ask me if I would revive it, and I just tweaked it.”

The resolution is a 10-page document that outlines applicant guidelines and procedures before the sheriff issues a permit such as: being at least 21 years of age, a resident of the county for at least six months, passing a criminal-background check, completing a firearm safety training course and not having a history of mental illness or violent behavior.

Rockford, the largest municipality in the county, annually ranks at the top with highest crime rate in the state.

“States with right-to-carry laws have lower overall violent crime rates compared to states without right-to-carry laws,” the resolution states. Citing 1996 crime data from the FBI’s Uniform Crime Reports, the resolution went on to say that in states that allow concealed carry, the total crime rate is 13 percent lower, homicides were down 3 percent, robberies were down 26 percent and aggravated assaults were down 7 percent.

“I did a lot of research on it,” Olson said. “A lot of counties have tried to do gun bans, but I don’t know if anyone has done countywide concealed carry.”

Aurand said he presented the resolution to the Democratic Caucus on Monday.

“I just asked them all to read it over, and hopefully, this will come to the board floor,” he said. “I’ve been a long believer to allow concealed carry. It’s a proven fact that crime has gone down in any state that has provided concealed weapons.”

Olson and Aurand said Winnebago County Sheriff Dick Meyers already possesses the authority to issue permits to citizens.

“This is just giving him direction,” Olson said.

Gary Kovanda, Winnebago County first deputy state’s attorney, learned of the resolution today and questioned that authority.

“I’d like to find out what authority they base that on,” he said. “To my knowledge, the county has no authority to supersede state law. The state has not passed (concealed carry) such a law.”

Concealed carry exemptions are restricted to sworn law enforcement, “private security guards, state’s attorney investigators and things like that,” Kovanda said. According to state statute 720 ILCS 5/24‑1, citizens can be charged with unlawful use of weapons if they are found to be carrying or possessing a weapon on or about his person on a public street, alley, or other public lands within the corporate limits of a city, village or incorporated town.

Meyers also recently learned of the resolution, and he, too, questions its legality.

“Can you pass that legislation at a county level? How does this stack up against the state law? Would it be enacted in the unincorporated area only or in all the municipalities?”

If the County Board is allowed to enact a resolution, Meyers said he would like to see training guidelines standardized throughout the state.

“You have 102 different counties, 102 different sheriffs, and there will be 102 different ways to do this,” he said. “If you are going to do something, do it statewide.”

Staff writer Chris Green can be reached at 815-987-1241 or cgreen@rrstar.com

 

[cougar_guy04]

Go Winnebego county! I hope they get it (they won't if the politicos get their way, but it's a refreshing feeling).

 

[Scam1789]

My Grandparents Live there, It would be awesome if they allowed reciprocity in the county. Though I don't know how well that would work. Its nice to see some politicians try to change things around.

Honestly I used to work in Rockford, and it is a nice city, but Crime is high, and there are definitely times I wish I could have been Carrying there.

 

[raiven]

her,s alink to the map on the counties that passed the resoultion already.
Illinois Pro 2A County by County Map

Resolution​

WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right under the Second Amendment to the United States Constitution and under the Constitution of the State of Illinois, and;
WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and Property is regarded as an Inalienable Right by the People of Winnebago County, Illinois, and:
WHEREAS, the People of Winnebago County, Illinois, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Winnebago County using all types of firearms allowable under the United States Constitution, and;
WHEREAS, Winnebago County Board, being elected to represent the People of Winnebago County and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois, and;
WHEREAS, the Illinois House of Representatives and the Illinois Senate, being elected by the People of the State of Illinois and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois, and;
WHEREAS, proposed legislation under consideration by the Illinois State Legislature would infringe the Right to Keep and Bear Arms and would ban the possession and use of firearms now employed by individual citizens of Winnebago County, Illinois, for defense of Life, Liberty and Property and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting conducted within Winnebago County, Illinois;
NOW, THEREFORE, IT BE AND IS HEREBY RESOLVED that the People of Winnebago County, Illinois, do hereby oppose the enactment of any legislation that would infringe upon the Right of the People to keep and bear arms and consider such laws to be unconstitutional and beyond lawful Legislative Authority!

__________________________
Scott Christiansen, Chairman
Attest:

____________________________
Marc Gasparini, County Clerk

Dear Mr. Christiansen,
As you may be aware there is once again pending legislation before the current Illinois General Assembly which if passed would severely infringe on the Second Amendment rights of Illinois citizens. Just one such proposed bill, HB873 (SB16 Senate version), mimics the recent Cook County "assault weapons" ban which went into effect this past February. Mayor Daley of Chicago and Cook Co. state legislators vow to take this ban and a multitude of other anti gun owner legislation to the whole state.
Adams, Pike, Brown, Hancock, White, Shelby, Greene, Johnson, Randolph, Effingham, Edwards, Wabash, Wayne, Schuyler County and Oswego Township residents have reached the point of refusing to be ruled from "afar" and have passed a resolution stating that any legislation passed by the IL General Assembly that infringes on the Second Amendment rights of their law abiding citizens will be deemed unconstitutional and unenforceable in their counties. Many other counties are also considering this resolution.
We and many other Winnebago County residents want no part of Mayor Daley's Chicago gun bans. Winnebago County firearm owners need to stand up and step forward in opposition to the anti-gun agenda coming out of Chicago and Cook County. I urge you to pass a similar resolution here in Winnebago County.
Attached you will find copies of news releases about the actions taken by Pike and Brown Co. and a copy of the proposed resolution.
We sincerely appreciate your willingness to consider this proposal and look forward to hearing it has been placed on the Winnebago County Board agenda.
Sincerest regards,

Ernest Wittenhagen

News Release:
PITTSFIELD, Ill. — The Pike County Board adopted a resolution Tuesday opposing any legislation that infringes on the right to keep and bear arms.

"What we are trying to do here is protect rights we already have," board member Robert Kenady said.

A standing-room-only crowd of mostly gun enthusiasts applauded several speakers and the 7-2 vote on the resolution, which will be forwarded to state legislators and all other counties in Illinois. Neighboring Brown County already has adopted a similar resolution.

"We have to stand up," said board member Mark Mountain, who proposed the resolution. "We have to voice our opinion. As an individual, it doesn't mean much. As a county, it means more. As three or four counties, it means a lot."

"You gentleman have just made history here," said Pike-Adams Sportsmen's Alliance President Richard Metcalf.

Resolution supporters claim that pending state legislation would ban many common firearms used for hunting and threaten rights guaranteed under the Constitution, the enjoyment of safe forms of firearms recreation and its economic benefits to the county.

"This is about freedom," Metcalf said. "This is not a political issue. I'm not here as a conservative, a liberal. You're not here as a Republican, a Democrat. We're here as Americans."

Others questioned whether the issue of gun control reached beyond what the county should address.

"I've carried a weapon 30 years of my life, but I'm not sure there's a time and place to address this issue on a county level," said board member Mike Lord, who voted against the resolution.

Board Chairman Scott Syrcle said the county level "is where it starts." He said county officials are "elected to voice our opinion to legislators for change or to keep things from happening." He usually votes only in the case of a tie, but wanted his vote in favor of the resolution on the record.

"You're going to ban a lot of guns if this thing happens," county resident Lee Ator said. "Definitely, the people of Pike County are interested in this. Everybody's here because they're opposed to gun legislation."

Board member Don Peebles said the county should be focusing on other issues instead of the "hot-button, politically divisive" issue of gun control.

"I've spent a lot of time in the last month reading House bills, Senate bills and shell bills. Some of them I agree with. Some I disagree with. I would have a difficult time with an across-the-board resolution," said Peebles, who voted against the resolution.

"I've hunted all my life. I enjoy firearms, but there are things that need to be controlled."







News Release
On Tuesday April 24, 2007 evening the Pike County Board citing the Second Amendment of the Constitution of the United States, passed a resolution saying no to any state legislation limiting the right to keep and bear arms would be recognized in Pike County.

Their resolution minces no words: "Now, Therefore, It Be And Is Hereby Resolved, that the people of Pike County, Illinois, do oppose the enactment of any legislation that would infringe upon the Right of the People to Keep and Bear Arms, and deem such laws to be Unconstitutional and beyond lawful Legislative Authority."

In short, no state law placing any limitations on firearms will be valid in Pike County.

This action is aimed squarely at a measure currently being proposed by the state legislature. This proposed state legislation would outlaw semiautomatic firearms and ban .50 caliber firearms (including muzzleloaders). It is being championed by two Chicago residents: Mayor Richard M. Daley and Illinois Governor Rod Blagojevich.

It may be popular in Chicago political circles, but it's not going to win Blagojevich any votes in Pike County.

One of the two Pike County Board Members who sponsored the Resolution, Robert Kanady, says he hopes the measure would "be the spark that lights a cannon heard all across the United States." Co-sponsor Mark Mountain said: "We have to stand up. We have to voice our opinion. As an individual, it doesn't mean much. As a county, it means more. As three or four counties, it means a lot."

In recognition of the resolution's importance, the Tuesday meeting was reportedly the most heavily attended public meeting in county history. Residents overflowed the courtroom, spilling out into the courthouse rotunda.
The measure also had extensive public discussion. At one point, a reluctant commissioner raised concerns that perhaps the measure was a "political hot button" and not something in which a county government should involve itself.

That drew an emotional response from one resident: "This proposed legislation would greatly harm the citizens of this county, and we believe the members of our County Board are bound by the oaths of office to speak for us on this issue.

"The issue here is not politics, the issue is freedom. Freedom began in this nation more than 200 years ago, when small groups of people like us, in towns even smaller than ours, gathered together to tell the King who tried to rule them from a huge city an ocean away, 'Enough is enough!' Freedom will only survive today if we have the courage to do the same."

In closing, he offered: "In this room tonight we are not conservatives; we are not liberals. In this room tonight we are not Democrats; we are not Republicans. In this room tonight we are Americans."

The standing ovation he received was apparently enough to convince the Commission to overwhelmingly pass the measure.

Pike County's resolution may, indeed, be unprecedented in modern history. Our research (albeit brief at this point) has yet to produce another instance of a county government having voted to refuse to enforce proposed state statutes it viewed to be in conflict with federal law.
And the Pike County Resolution minces no words as to why they felt the action necessary: "the People of Pike County, Illinois, derive great economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Pike County using all types of firearms allowable under the United States Constitution and the Constitution of the State of Illinois."

The resolution also cites the Commission's sworn duty to uphold the United States Constitution and the Constitution of the State of Illinois, saying the proposed legislation currently under consideration by the Illinois State Legislature would "infringe the Right of the People to Keep and Bear Arms, and would ban the possession and use of firearms now employed by individual citizens in Pike County, Illinois, for defense of Life, Liberty, and Property, and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting, and shooting conducted within Pike County, Illinois.

In Canada, several provincial governments flatly refused to enforce revisions to the country's firearms registry. The provincial governments said the changers were not only ill advised, but unenforceable. Eventually their resistance became a major political factor, turning out the liberal ruling party and electing a conservative government that has systematically dismantled the registry.

The decision in Pike County was not one that was lightly made, nor considered. Officials had carried on quiet talks with outside Illinois before Tuesday evening's vote. We have learned those talks have led other local governments to begin considering similar measures as a means of expressing their displeasure with attempts to legislate firearms out of the hands of law-abiding citizens.

Individuals involved in those conversations speak of the frustration of a large and formerly quiet group of citizens who feel the will of the majority of the people is being ignored by legislators.

Should Pike County's resolution catch on across Illinois and correspondingly across America, this single action taken by a small county government may, indeed, ignite a chain of similar actions across the country that serve notice that the majority opinion of Americans heartland regarding firearms will no longer be ignored.


















Brown County, Illinois - ResolutionWe disagree with SB 16 and any new bills or laws which would restrict or deny the 2nd amendment rights for law abiding citizens. We further affirm our rights under the U.S. Constitution Bill of Rights 2nd Amendment which states "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
Voted on and passed 8-0 4-9-07
I received a message from a Brown County, Illinois board member....stating:
"I have talked to our County Sheriff and he stated he would not enforce any laws enacted by the state which are covered under our resolution, unless forced to do so. I have yet to talk to our state's attorney."
PRO-GUN RESOLUTION
The County Board of Pike County, Illinois, has called a public meeting to consider a resolution which would state that the people of Pike County, Illinois, consider any legislation passed by the Illinois State Legislature that would infringe upon the Right of the People to Keep and Bear Arms to be unconstitutional and beyond lawful Legislative Authority.

Such a resolution, if enacted by a County Government, would be unprecedented in the history of the United States.
The resolution has strong support among members of the Pike County Board. The resolution states that it is being enacted because, "The Pike County Board being elected by the People of Pike County is duly sworn by Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois."

The members of the Pike County Board ask all interested citizens to attend this Public Meeting and demonstrate their support for the enactment of this resolution.

The meeting is scheduled for Tuesday evening, April 24th, at 7:00pm, in the 1st Floor courtroom of the Pike County Courthousein Pittsfield, Illinois.

All members of PASA, whether Pike County residents or not, are urged to attend this historic event, and express their support for the courageous action of the members of the Pike County Board.

I hope to see you there. With everybody you can bring.

P.R. Metcalf
President
Pike-Adams Sportsmen's Alliance

 

[quicksdraw]

Outstanding! Please keep us informed on the progress of your "revolution".

 

[Disposable Heart]

The old fight used to be states rights vs. Federal encroachment. Now it will be states vs. cities or states vs. counties. Go Winnebago! Sounds like a mouse that roared situation. Finally someone got tired of rampant crime and decided to rearm the populace. Now if only the terrible corrupt government of Chi-town would get stomped, then the state would become a reasonable place to live and defend one's self.

 

[SilentWarrior1]

*cheers and does a happy dance for Winnebago Cty, Ill.*

 

[Scutter01]

Hope it makes a difference. As long as Cook County rules the state, I see little chance.

 

[raiven]

ok they are talking abought this tonight on the nra tonight.

National Rifle Association - NRA Website Gateway

 

[raiven]

ok i listened to what they said they have to have 14 votes to pass they have 13 right now on this and other counties have been calling them on the ccw resoultion including wisconson.

 

[raiven]

<H1 class=p5h>State needs concealed carry law, not county</H1>By Chuck SweenyRRSTAR.COMPosted May 17, 2008 @ 08:39 PMWhen Winnebago County Board member Randy Olson, R-1st, asked me what I thought of a concealed carry proposal he and Doug Aurand, D-3rd, planned to present to the board, I said I had no problem with the concept. Forty-eight states allow people to carry concealed weapons under certain circumstances. Only Illinois and Wisconsin do not.

To qualify for a permit, I’d want people to be American citizens without significant criminal records, and I’d require them to take and pass a firearms training course.

They‘d have to take refresher courses in gun safety every three years. Their names would be on a statewide, searchable database and their driver’s licenses would indicate that they were permitted to carry concealed weapons. I’d be pretty strict about it.

So, if liberal states like Massachusetts, New York and California have concealed carry laws and nobody‘s raising a ruckus over it, the idea can’t be that controversial.

Besides, the bad guys are packing heat already, so maybe this would level the playing field.

However, this is a decision for the General Assembly and the governor to make. I‘m pretty sure Winnebago County can’t pass its own concealed carry law. If counties could do that, Illinois would have a patchwork of laws in all 102 counties, some with concealed carry, some without, and all having different regulations.

In short, we’d have chaos. So, if the Winnebago County Board wants to pass a resolution urging the state legislature to pass a concealed carry bill, that’s fine with me.

But going beyond that, such as trying to deputize residents to make them eligible to carry hidden guns, is not only impractical, it would not withstand the inevitable court challenge. And we don’t want tax dollars spent defending the indefensible.

http://www.rrstar.com/opinions/x1867425619...-law-not-county

 

[Pami]

Besides, the bad guys are packing heat already, so maybe this would level the playing field.

Yes, exactly. I hope the state pays attention.

 

[flagtag]

Yes, exactly. I hope the state pays attention.

We have to start somewhere. We already have the "Resolution Revolution" with (at last count) 81 counties on board. That coupled with Winnebago should get the message across. (Although the "Socialist Republik of Chicago" and "Crook County" are run by "Brain-dead" anti-Constitution dweebs!

 

[raiven]

here,s the lastest update from last night on the ccw fight.

By Mike Wiser
RRSTAR.COM
Posted Jun 11, 2008 @ 12:04 AM
ROCKFORD —
Winnebago County Sheriff Dick Meyers lent his considerable support to the county’s concealed carry debate.
Meyers was the last of 30 speakers to take the podium, and he received a standing ovation for his efforts.
“Let me get it out of the way,” he told the crowd. “I do not have a problem with concealed carry.”
He said that “20 years ago, I would have told you different,” but “we’re at a point where we don’t have a choice.”
The County Board is drafting a resolution that will authorize the sheriff to issue gun permits to qualified citizens. Although the resolution is still in draft form, at least 13 of the 28 board members have already signed on.
Although he supports the idea of concealed carry for the county, Meyers said he would not issue permits, even if the board passes the resolution, if he is told by the state’s attorney’s office or the Illinois attorney general’s office that doing so would be a violation of state law.
“If our attorneys say we can issue a permit, that’s what I’ll do,” Meyers said. “If they say I can’t, then I won’t, and that’s probably when the courts will get involved.”
Shortly after the meeting broke up, Meyers elaborated a bit, saying that while he doesn’t think all the supporters of the resolution can legally do what they want and that some of the facts they are citing might not be accurate, he understands the need for citizens to be able to arm themselves.
“Wisconsin almost passed it; if they did, we’d be the only state without some sort of concealed carry,” he said.
“I just think that this is what’s coming, and from a public safety standpoint, it’s the right thing to do.”
Although the sheriff was the most well-known of the pro-resolution crowd, several others took the podium in support of the resolution. Of the 30 speakers, only two came out against the proposal.
A number mentioned the shootings at Northern Illinois University as to why citizens should be armed, and some referred to the U.S. Constitution, particularly the Second Amendment, as a basis for their beliefs.
A few came from out of county, drawn to the Memorial Hall meeting to show their support for what was happening in Winnebago County.
“There’s nothing worth dying for in my wallet,” said Mark McGee. “My family, that’s a different story.”
Another man, Robert Stoner of Rockford, told a story about how he was almost carjacked in the early 1980s and only got out of the jam when he stuck a gun in his assailant’s face.
“Back then, it was only a misdemeanor (to carry a concealed firearm),” Stoner said. “Nowadays, it’s a felony and I’d be locked up for it.”
Kirby Miracle, also of Rockford, said enacting a concealed carry system would help the city and the county attract visitors.
Tom Owens, the County Board member who presided over the meeting, said the turnout at the public hearing proved the people of Winnebago County were embracing some form of concealed carry.
Staff writer Mike Wiser can be reached at 815-987-1377 or mwiser@rrstar.com.

 

[flagtag]

here,s the lastest update from last night on the ccw fight.

By Mike Wiser
RRSTAR.COM
Posted Jun 11, 2008 @ 12:04 AM
ROCKFORD —
Winnebago County Sheriff Dick Meyers lent his considerable support to the county’s concealed carry debate.
Meyers was the last of 30 speakers to take the podium, and he received a standing ovation for his efforts.
“Let me get it out of the way,” he told the crowd. “I do not have a problem with concealed carry.”
He said that “20 years ago, I would have told you different,” but “we’re at a point where we don’t have a choice.”
The County Board is drafting a resolution that will authorize the sheriff to issue gun permits to qualified citizens. Although the resolution is still in draft form, at least 13 of the 28 board members have already signed on.
Although he supports the idea of concealed carry for the county, Meyers said he would not issue permits, even if the board passes the resolution, if he is told by the state’s attorney’s office or the Illinois attorney general’s office that doing so would be a violation of state law.
“If our attorneys say we can issue a permit, that’s what I’ll do,” Meyers said. “If they say I can’t, then I won’t, and that’s probably when the courts will get involved.”
Shortly after the meeting broke up, Meyers elaborated a bit, saying that while he doesn’t think all the supporters of the resolution can legally do what they want and that some of the facts they are citing might not be accurate, he understands the need for citizens to be able to arm themselves.
“Wisconsin almost passed it; if they did, we’d be the only state without some sort of concealed carry,” he said.
“I just think that this is what’s coming, and from a public safety standpoint, it’s the right thing to do.”
Although the sheriff was the most well-known of the pro-resolution crowd, several others took the podium in support of the resolution. Of the 30 speakers, only two came out against the proposal.
A number mentioned the shootings at Northern Illinois University as to why citizens should be armed, and some referred to the U.S. Constitution, particularly the Second Amendment, as a basis for their beliefs.
A few came from out of county, drawn to the Memorial Hall meeting to show their support for what was happening in Winnebago County.
“There’s nothing worth dying for in my wallet,” said Mark McGee. “My family, that’s a different story.”
Another man, Robert Stoner of Rockford, told a story about how he was almost carjacked in the early 1980s and only got out of the jam when he stuck a gun in his assailant’s face.
“Back then, it was only a misdemeanor (to carry a concealed firearm),” Stoner said. “Nowadays, it’s a felony and I’d be locked up for it.”
Kirby Miracle, also of Rockford, said enacting a concealed carry system would help the city and the county attract visitors.
Tom Owens, the County Board member who presided over the meeting, said the turnout at the public hearing proved the people of Winnebago County were embracing some form of concealed carry.
Staff writer Mike Wiser can be reached at 815-987-1377 or [EMAIL="mwiser@rrstar.com."]mwiser@rrstar.com.[/EMAIL]

Thanks for the post! Still VERY encouraging. We're trying!