[Rushtalk] State's attorney says state's firearm law unconstitutional - News - The Carmi Times - Carmi, IL

Carl Spitzer winblows at lavabit.com
Tue Jul 2 11:55:15 MDT 2013


Yes  this is ObombA ;land.
  * 

State's attorney says state's firearm law unconstitutional

  * White County State's Attorney Denton Aud has joined a short but
    growing list of county prosecutors around Illinois that will no
    longer prosecute the Illinois statutes regarding carrying a
    concealed firearm.
    
        emailprint
        
        
        
         0 
    
  * 
  * 
  * 
  * By Braden Willis 
Posted Jun. 19, 2013 @ 8:00 am 

White County  —   

        White County State's Attorney Denton Aud has joined a short but
        growing list of county prosecutors around Illinois that will no
        longer prosecute the Illinois statutes regarding carrying a
        concealed firearm.
        White County Sheriff Doug Maier has gone on record saying he
        would not arrest someone if the only violation they have
        committed is found in the unlawful use of weapons (UUW) statutes
        regarding firearms.
        Illinois State Police, however, have said the law remains on the
        books and they will continue to arrest those caught with
        concealed firearms.
        Aud has issued a written press release regarding his stance on
        the law found in the statutes regarding UUW:
        "When I assumed the position of White County State's Attorney, I
        swore an oath that I would 'support the Constitution of the
        United States and the Constitution of the State of Illinois.'
        Our government is one with a separation of powers. The authority
        of my position is to use my discretion in enforcing the law; I
        do not possess the pen that the members of the General Assembly
        have that makes our laws nor do I possess the gavel that members
        of the courts have to rule on the constitutionality of our laws.
        "In December 2012, the United States 7th Circuit Court of
        Appeals issued a ruling in Shepard and Moore v. Madigan, 702
        F .3d 933 (2012) in which it declared Illinois' blanket
        prohibition on law-abiding citizens to publicly carry a
        concealed firearm for self-defense unconstitutional and
        therefore found provisions of the unlawful use of weapons and
        aggravated unlawful use of weapons statutes to be
        unconstitutional.
        "Nonetheless, the Court stayed their ruling for six months so
        that the Illinois General Assembly could fashion a law that
        would allow for the concealed carry of firearms by law-abiding
        citizens in public. Recently, the General Assembly passed
        concealed carry legislation with provisions it deems reasonable
        and consistent with the public safety, and we are now waiting on
        Governor Quinn to act.
        "The position I that have taken since the Court's ruling in
        December is simple: I will not prosecute any individual under
        those provisions declared unconstitutional. Regardless if the
        Court stays the imposition of their ruling for six months or six
        years or even six minutes for that matter, I believe that we are
        all put on notice that the law is unconstitutional and has
        therefore been invalid since its inception.
        "Consequently, I am vehemently convinced that to prosecute any
        person under a law that has been declared unconstitutional, even
        with a stayed enforcement, would be a direct violation of my
        oath of office to support the Constitution. This belief has led
        my office to declining to prosecute multiple individuals since
        December under those statutes referenced above.
        "While my position places on me a responsibility of public
        safety that I take to heart, that responsibility cannot and will
        not be used while I am in office as an excuse to unjustly
        encroach on what has been enshrined as fundamental individual
        rights in the United State Constitution and the Illinois
        Constitution.
        

Read more:
http://www.carmitimes.com/article/20130619/NEWS/130619252/1003/NEWS#ixzz2WjwozQsE


State's attorney says state's firearm law unconstitutional
White County State's Attorney Denton Aud has joined a short but growing
list of county prosecutors around Illinois that will no longer prosecute
the Illinois statutes regarding carrying a concealed firearm.

    email print
     0 

By Braden Willis
Posted Jun. 19, 2013 @ 8:00 am

White County  —  

    White County State's Attorney Denton Aud has joined a short but
growing list of county prosecutors around Illinois that will no longer
prosecute the Illinois statutes regarding carrying a concealed firearm.

    White County Sheriff Doug Maier has gone on record saying he would
not arrest someone if the only violation they have committed is found in
the unlawful use of weapons (UUW) statutes regarding firearms.

    Illinois State Police, however, have said the law remains on the
books and they will continue to arrest those caught with concealed
firearms.

    Aud has issued a written press release regarding his stance on the
law found in the statutes regarding UUW:

    "When I assumed the position of White County State's Attorney, I
swore an oath that I would 'support the Constitution of the United
States and the Constitution of the State of Illinois.' Our government is
one with a separation of powers. The authority of my position is to use
my discretion in enforcing the law; I do not possess the pen that the
members of the General Assembly have that makes our laws nor do I
possess the gavel that members of the courts have to rule on the
constitutionality of our laws.

    "In December 2012, the United States 7th Circuit Court of Appeals
issued a ruling in Shepard and Moore v. Madigan, 702 F .3d 933 (2012) in
which it declared Illinois' blanket prohibition on law-abiding citizens
to publicly carry a concealed firearm for self-defense unconstitutional
and therefore found provisions of the unlawful use of weapons and
aggravated unlawful use of weapons statutes to be unconstitutional.

    "Nonetheless, the Court stayed their ruling for six months so that
the Illinois General Assembly could fashion a law that would allow for
the concealed carry of firearms by law-abiding citizens in public.
Recently, the General Assembly passed concealed carry legislation with
provisions it deems reasonable and consistent with the public safety,
and we are now waiting on Governor Quinn to act.

    "The position I that have taken since the Court's ruling in December
is simple: I will not prosecute any individual under those provisions
declared unconstitutional. Regardless if the Court stays the imposition
of their ruling for six months or six years or even six minutes for that
matter, I believe that we are all put on notice that the law is
unconstitutional and has therefore been invalid since its inception.

    "Consequently, I am vehemently convinced that to prosecute any
person under a law that has been declared unconstitutional, even with a
stayed enforcement, would be a direct violation of my oath of office to
support the Constitution. This belief has led my office to declining to
prosecute multiple individuals since December under those statutes
referenced above.

    "While my position places on me a responsibility of public safety
that I take to heart, that responsibility cannot and will not be used
while I am in office as an excuse to unjustly encroach on what has been
enshrined as fundamental individual rights in the United State
Constitution and the Illinois Constitution.


Read more:
http://www.carmitimes.com/article/20130619/NEWS/130619252/1003/NEW



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