View Full Version : Juror Faces Prison for Legally Carrying Gun
Lady Di
11-15-2007, 09:03 AM
I am outraged after reading this story. This law-abiding citizen showed up at the courthouse for jury duty and forgot she was carrying a gun in her purse. She was arrested and faces 3 to 7 years in jail for exercising her constitutional RKBA. The overreactions to what happened are unbelievable! This woman needs our support!
http://www.news-gazette.com/news/local/2007/11/14/rantoul_woman_arrested_after_gun_is
Bill of Rights
11-15-2007, 10:59 AM
While I do not in any way support the restrictive and unConstitutional gun laws in IL, the fact is that until those laws are changed, repealed, or nullified by a jury, they are the law, and that means that carrying in her purse is a violation of those laws. (no CCW permit since IL doesn't issue them, and while open carry is ostensibly legal in IL in unincorporated areas, the courthouse would not be unincorporated and concealed in her purse is not open.) As much as I dislike it, I think she's screwed.
Additionally, even here in IN, carrying to the courthouse will likely get you at the very least refused entry, possibly arrested if you attempt to pass the metal detector armed. (I once forgot my pocketknife when I had to go there, but the folks at the metal detector were cool about it; just told me to go put it in my car.)
All in all, this was a mistake, and unfortunately, there will be consequences.
Blessings,
M
Lady Di
11-15-2007, 11:04 AM
This is an example of overreaction, to say the least. This should have been treated the same way that you were treated with your pocketknife IMHO, St. Michael. I hope the woman goes for a jury trial and the subject of jury nullification is explained in closing arguments. She was a law abiding citizen and she was at the courthouse for a civic duty. She had no intent to harm anyone. This should all be taken into consideration. The laws and policies re: guns were written to prevent real crime, not harass lawabiding citizens. Common sense did not prevail in this situation.
VegasGeorge
11-15-2007, 11:22 AM
I hate laws that have no discernable mens rea. Mistakes and accidents should never be prosecutable offenses. They should let the woman go, and fire the idiots who were supposed to be screening the people coming into the courthouse.
junglebob
11-15-2007, 01:43 PM
While I do not in any way support the restrictive and unConstitutional gun laws in IL, the fact is that until those laws are changed, repealed, or nullified by a jury, they are the law, and that means that carrying in her purse is a violation of those laws. (no CCW permit since IL doesn't issue them, and while open carry is ostensibly legal in IL in unincorporated areas, the courthouse would not be unincorporated and concealed in her purse is not open.) As much as I dislike it, I think she's screwed.
Additionally, even here in IN, carrying to the courthouse will likely get you at the very least refused entry, possibly arrested if you attempt to pass the metal detector armed. (I once forgot my pocketknife when I had to go there, but the folks at the metal detector were cool about it; just told me to go put it in my car.)
All in all, this was a mistake, and unfortunately, there will be consequences.
Blessings,
M
I'd like to point out that at the bottom of the article it says-
States Attorney Julie Rietz said the woman was referred to the county's adult diversion program, a regimen of public service in lieu of criminal charges. The woman was given some slack. Considering that many states have prohibitions against carry in courthouses and Illinois is a "right denied" state the States Attorney was considerate in my opinion. This happened in Champaign County in Central Illinois. The assistant states attorney is very pro second amendment. I understand that people excercising the use of firearms transport in a fanny pack, so called "fanny pack" carry aren't prosecuted in Champaign county. "Fanny pack" carry is firearm encased and unloaded, with loaded magazine in case, by someone with a valid FOID (Firearm Owners ID) card.
If this had happened in Cook county or one of the surrounding counties, I have no doubt the woman would be facing felony unlawful use of weapons charges. IMO The farther from Chicago the more common sense regarding firearms in Illinois.
BTW, I once went into our county court house with a very small knife, part of a generic leatherman type tool. The blade was maybe 1 1/2 inces long. It was on my key chain. The security officer noticed it when I dropped my keys and pocket change in the tray. He just kept it for me til I was ready to leave.
Bill of Rights
11-15-2007, 02:06 PM
Maybe this would be the States Attorney you would need to approach re: your recent post, JB, when you described how that office can issue you a permit good throughout the county (I think) for carry?
If she's not the state's attorney for your area, perhaps she could talk to the person who is on your behalf?
Just a thought.
Blessings,
M
junglebob
11-15-2007, 09:27 PM
Maybe this would be the States Attorney you would need to approach re: your recent post, JB, when you described how that office can issue you a permit good throughout the county (I think) for carry?
If she's not the state's attorney for your area, perhaps she could talk to the person who is on your behalf?
Just a thought.
Blessings,
M
Someone on another forum answered my question about that permit. The states attorney can issue permission to carry for those who serve court papers. I imagine it may be only while serving. Someone posted on the Illinois Carry forum that some Chicago police departments request officers leave their handguns at the station. Most don't follow the request however. Someone said it isn't unusual for officers to give their handgun to their wives to carry, sometimes when they are out of state. Someone said "professional courtesy" dictates that if you don't arrest my wife I won't arrest yours.
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