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May 1, 2010, 08:55 PM | #1 |
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Join Date: January 31, 2006
Posts: 876
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Charged with "Failure to register a firearm"??
Saw this article about some loser criminals and among the charges was 'Failure to register a firearm'?
This is in Illinois, and yes they have the FOID card system, but I know for a fact this is a general license and NOT tied to any specific gun or registration of a gun. So what was this charge? Article--(the second half with 'bonnie & clyde' mugshots) http://tinyurl.com/y6ygs83 |
May 1, 2010, 11:44 PM | #2 |
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
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Violation of Chicago city ordinance 8-20-040:
8-20-040. Registration of firearms. (a) All firearms in the City of Chicago shall be registered in accordance with the provisions of this chapter. It shall be the duty of a person owning or possessing a firearm to cause such firearm to be registered. No person shall within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm unless such person is the holder of a valid registration certificate for such firearm. No person shall, within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm which is unregisterable under the provisions of this chapter. |
May 1, 2010, 11:45 PM | #3 |
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Join Date: March 31, 2010
Location: Communist State of IL.
Posts: 1,562
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You can't own a handgun in Chicago. There are 2-3 other towns in IL. that you can't own one either but, Chicago is the biggest! If your from out of town and bring one into Chicago you have to register it with the police department at which point they will more then likely tell you they will be glade to hold on to it for you while your visiting the Windy!
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May 2, 2010, 12:37 AM | #4 |
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Join Date: January 31, 2006
Posts: 876
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I cant believe I forgot the whole McDonald v Chicago lawsuit! I was thinking gun registration in general. What a mess.
Thanks! |
May 2, 2010, 02:40 AM | #5 |
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Join Date: March 11, 2006
Location: Upper US
Posts: 28,846
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Just wait and see (if we can access the info)
But I believe the charge for not registering the firearm will be thrown out/dropped. Because he's not required to obey that law. It would be a violation of his civil rights.
And before you flip out, think about it for a moment. The fellow is a convicted felon, relased "on supervision". He can't legally posess a gun. Therefore, registering it would be a violation of his 5th Amendment right against self incrimination. SO, while he may be charged, he cannot be convicted, legally. The charge is a bargining chip, The DA knows he can't make it stick, but hopes the guy's lawyer (public defender?) will not realize it, and they can "bargain" away the charge for some concession from the accused, without losing anything real. This assumes, the accused is legally prohibited from owning a gun.
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May 2, 2010, 11:11 AM | #6 |
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Join Date: March 31, 2010
Location: Communist State of IL.
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Chicago (Mayor Daily) does not care about your rights! His does whatever he wants and nobody ever raises a eyebrow! If your just passing through and got pulled over and you had you handgun where the Chicago PD could see it your going to have a fun day!
This is why there is a case in the Supreme Court trying to repeal the gun ban in Chicago! These guys need to retire and let someone with a functioning brain cell takeover!:barf::barf: |
May 16, 2010, 03:06 AM | #7 | |
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Join Date: May 14, 2010
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May 18, 2010, 10:31 PM | #8 | |
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Location: The Bluegrass
Posts: 9,142
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44 Amp wrote:
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May 19, 2010, 03:16 PM | #9 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,846
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You're right, the story is confusing. However, my point is valid, just not applying to the individuals in this case.
I see where the felon was charged with possessing a replica firearm (apparently a crime in that jurisdiction), but not charged with failue to register (have FOID card), while the others were, one for a gun, the other for ammo without an FOID card. My point was, if you are legally prohibited from posessing a firearm, you cannot be charged with failure to register that (ilegally posessed) firearm, as it would be a violation of your rights. You can, and should be charged with posession, but not with failure to register it.
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May 20, 2010, 10:08 PM | #10 | |
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Location: Wisconsin
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