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Self defense in Chicago
Story here.
Via Don Kates, who notes that the hope expressed that the defender's gun was registered is likely in vain, as Chicago has for sometime had a ban on registering handguns.
UPDATE: Reader David Lawson emails a comment blocked by the spam filter:
There is a chance it was registered, though unlikely. If the owner
had registered it prior to the ban in 1982 and maintained that
registration *yearly* or if the owner is a Chicago Alderman or if the
owner is a law enforcement officer or if the owner is a retired law
enforcement officer than the guy might be legal.
It is true we have protection against prosecution for unlawful use of
a weapon or failure to register the weapon or possession of an illegal
(non-NFA) weapon due to the Hale De Mar act. However, I am certain he
will not see that firearm back unless it is sold by the police to some
gangbangers that then use it against him.
Anyone interested in regaining (legal) handgun ownership rights in
Chicago, please visit my new blog.
5 Comments | Leave a comment
One thing that comes to mind that might be helpful to the clerk if indeed he faces charges over possession of the gun: a couple of years back, the Illinois Legislature passed a "self defense" statute that, as my memory suggests, overrides local ordinances by providing an affirmative defense in the case of self defense.
This was in response to a home invasion shooting in Wilmette, a small municipality with a total ban on handgun possession.
I can't think of the name, and whether it would apply in the case of a "home rule" municipality like Chicago. The home rule concept is a long-established method put in place to allow Chicago and similar governments to evade state law.
Here's an article about it on Newsmax
http://archive.newsmax.com/archives/articles/2004/11/12/113113.shtml
It also passed the house on 11/17/04.
Of course the law doesn't really matter to King Dick.
Wanna bet the clerk has to move to avoid gang retribution? Check your six and keep your handgun handy, man.
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"When asked if he thought his friend was trying to rob the hardware store, the man said, 'He might have. He might was. If he feel he was robbin' that store, he did what he did.'"