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Old May 1, 2010, 08:55 PM   #1
MikeGoob
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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
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Old May 1, 2010, 11:44 PM   #2
NavyLT
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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.
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Old May 1, 2010, 11:45 PM   #3
Xfire68
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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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Old May 2, 2010, 12:37 AM   #4
MikeGoob
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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!
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Old May 2, 2010, 02:40 AM   #5
44 AMP
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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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Old May 2, 2010, 11:11 AM   #6
Xfire68
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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:
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Old May 16, 2010, 03:06 AM   #7
Head-Space
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Quote:
The fellow is a convicted felon, released "on supervision". He can't legally possess 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 bargaining 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.
"If it weren't for lawyers, we wouldn't need attorneys."
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Old May 18, 2010, 10:31 PM   #8
KyJim
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44 Amp wrote:
Quote:
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.
Actually, no. The fellow Biggs was a convicted felon but he was not charged with having an unregistered firearm. That was another fellow named Rawson. Nothing about Rawson being a convicted felon. I will have to say, however, that this is a VERY confusing story. The writer, editor, or both need to take some writing lessons.
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Old May 19, 2010, 03:16 PM   #9
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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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Old May 20, 2010, 10:08 PM   #10
Jack Bauer
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Quote:
You can't own a handgun in Chicago.
Every time I read about someone being shot with a handgun in Chicago, I point this out. Obviously, you can't have a handgun shooting if no one can have a handgun, so Chicago must be a pretty safe place, no?
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