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Politics Second Amendment

Illinois State’s Attorney Refuses to Prosecute Firearm Owners for Concealed Carry

by G&A Online Editors   |  August 24th, 2012 46
Ron Dozier

This April 2 photo shows McLean County, Ill., State's Attorney Ron Dozier in his office in Bloomington, Ill. (Photo by The Associated Press)

An Illinois state’s attorney is receiving tons of support from the shooting community after announcing he will not prosecute anyone charged with carrying a concealed firearm in his jurisdiction.

According to The (Bloomington, Ill.) Pantagraph, McLean County State’s Attorney Ron Dozier announced Tuesday he would no longer prosecute those whose only accused crime is firearms possession.

“We will no longer use the power and authority of our office to criminalize and punish decent otherwise law-abiding citizens who chose to exercise their rights granted under them by the Second Amendment of the U.S. Constitution to keep and bear arms in defense of themselves and their families,” Dozier said in a press release.

Illinois law prohibits citizens from possessing a firearm in public, making it the only state that does not allow CCW in some form, therefore making McLean County a CCW oasis in central Illinois.

“My purpose is to send a message to the Governor and legislators of this State who continue to ignore the U.S. Supreme Court decisions, and who continue to oppose reasonable legislation that would bring Illinois into compliance with the Second Amendment. I know that other State’s Attorneys share my views and am hoping they will join in this effort,” Dozier said, citing Supreme Court cases like District of Columbia v. Heller and McDonald v. Chicago.

“Our message is this: we will no longer use the power and authority of our office to criminalize and punish decent, otherwise law-abiding citizens who choose to exercise the rights granted to them by the Second Amendment of the United States’ Constitution to keep and bear arms in defense of themselves and their families”

Dozier said, however, that cases would be reviewed and charges could be filed based on several factors: whether drugs or alcohol are involved; reason for carrying; reckless use of the firearm; and “whether the gun was possessed or carried under the terms of his state’s regulations” if the person is not an Illinois native.

Be that as it may, Dozier’s decision isn’t being met with much applause from many, including local law enforcement.

“Many share the same belief as our state’s attorney, including me. However, until the governor signs legislation creating CCW, all firearms have to be unloaded and cased and for transport to be legal and the owner must possess a FOID card. I advised sheriff’s office law enforcement staff that we will not change our enforcement policies and that we shall continue to enforce the laws of the state of Illinois as they currently exist,” McLean County Sheriff Mike Emery told reporters.

In addition, Republican Jason Chambers, who is running unopposed for Dozier’s position in November, said he will not follow Dozier’s precedent.

“Doing things in this manner is reckless.  The job of the state’s attorney is to enforce the laws of the State of Illinois,” Chambers said. “…The office can be used to get attention for an issue but this is a little different because you’re refusing to enforce the law.”

This isn’t the first example of local officials tuning out Illinois lawmakers. In an March 20 election, voters in Pike County, Ill., approved a concealed-carry ordinance, marking the first time since the 19th century a county has enacted a concealed-carry ordinance despite objection from the state.

According to The Outdoor Wire, the ordinance was passed 3,214 to 550 and marked the first time since 1862 a county has passed a law that directly contradicted state law. The last time it happened, five counties in Virginia voted against the state’s secession from the Union, resulting in the formation of West Virginia.

The “Constitutional Carry” ordinance was led by Dr. Dan Mefford of Pittsfield, Ill., in conjunction with Guns & Ammo contributing editor Dick Metcalf.

Pike County Board members previously stated in 2007 any further firearms restrictions by the Illinois General Assembly would be deemed “Unconstitutional and beyond lawful Legislative Authority.” Following the county’s lead, 89 percent of Illinois counties passed the same resolution, and more rural and downstate counties have been expected to follow Pike County’s lead once again.

  • jiminga

    Seems to me if the POTUS can decide not to enforce laws, why not a State's Attorney? The distinction lies in the POTUS refusing to enforce laws passed by Congress, while this State's Attorney is following the highest authority in the US, the Constitution and the SCOTUS interpretation supporting 2nd Amendment rights.

    A similarity is in the concept of a soldier refusing to follow a superior's wrongful order.

  • shannon_f

    It's ridiculous and a little scary that Illinois residents have to have a firearms owner id card. Isn't that how the Nazi's confiscated private citizens weapons, because they knew where they all were by registration? Or is it not really different from other states firearms registration procedures?

    • clayton

      The FOID card is crap. I already have a drivers license and a military ID. Why the hell do I need to have a FOID card? Never needed one before. Also when I lived in the country of Panama, I had a permit to carry a CCW. Now tell me if I can get a permit overseas, why the hell not in Illinois?

  • hammerheadfl

    If you have any questions regarding the CWP law or training contact http://www.e2c.us or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.

  • Mike Gilbert

    As a Chicago native, Im pleased to see the people of Illinois taking a stand against this unconstitutional restriction. I think a CCW permit would bring a decrease in crimes against a person such as, robbery,car-jacking,assault,battery, burglary and rape to name a few. This law makes law abiding citizens vulnerable to armed attackers/robbers and violates our constitutional right to bear arms. NewYork City is nearly 3 times the size of Chicago,Yet has a lower crime rate. The State of New York has a CCW permit, which is a direct reflection of the lesser crimes in its larger cities.

    • Dave G.

      If you ever get a pistol permit in NY, there is one restriction that says you are not allowed to carry in in the five boroughs of NYC.

    • https://www.facebook.com/dennis.keith.336 Dennis Keith

      The Sullivan Act of 1934 makes it illegal for folks in NY City to have Firearms. A lower ccrime rate is due most likely to reporting practices.

  • Yoda

    ''OPEN CARRY"

  • https://www.facebook.com/studframer56 Jeff Dingman

    You folks in Illinois need to vote to overturn these unconstitutional laws in your state. I visited there not to long ago visiting my daughter. I could not believe you needed a FOID just to see a gun in a store! Now the people there were nice but I'll be damned if I would live in a communist heathen state where the criminals have the advantage over people. Even with your strict laws has it reduced gun crime? Wake up people of Illinois and take your constitutional given rights back. GOD I love AZ.

    • Ricky Price

      AMEN. Move to KY.

      • onewhocarestoo

        or move to Texas

    • john howard

      I love Pennsylvania.

    • longrider

      I agree with you 100% on your feelings for AZ. We moved to AZ from IL 35 years ago and haven’t regretted it one bit. Only two complaints we have are McCain and Flake.

  • Diamondback73

    Bravo to the counselor! I'm happy to hear there is at least a small part of Illinois that is sane!
    Nothing, too much, against the Fighting Illini, but…….. MIZ….ZOU!!!

  • Marshell

    I think if you are retired from the Armed Forces, you should be able to carry a firearm just like a retired cop

  • rhycher

    I am a native of Illinois and own firearms and rifles. I don't have a problem with the FOID really. Actually I see it as a valid statement that I have been allowed the right to bear arms and have followed the basic fundamentals of being able to own a firearm. The CCW laws are a little dumb though. So I can carry one in a case in my car unloaded but not on me loaded. I think if you are coming home from the city after a night at a theater or dinner you should be able to be safe from the building to your car.

    • Wolvie

      Rhycher,

      I understand your point…but I don't agree with it.

      Would you support any control or restriction towards any of your other constitutional rights?

      Do you need a card that allows you the right for free speech? For the right to worship as you like? For the right against unreasonable search?

      The problem I see is that the minute you start to accept and welcome restrictions on what is clearly defined as your God-Given Rights, then you open the door to having them labeled as privileges and not rights. Privileges can be taken away from you…rights cannot. Privileges are granted by man and are given or taken on the whim of people in control…rights are not.

      That's the reason I disagree with you. If you are willing to give into restrictions on your rights, then you are in danger of having them taken away from you altogether. And without the 2nd Amendment, all others are in danger. That is because the 2nd is there to protect all the other ones.

      • wildwillie

        and an I D to VOTE?

        • Wolvie

          I don't mistake showing an ID to having a revocable permit.

          There is nothing wrong with showing an ID to prevent identity theft or voter fraud. There would be a problem if you were issued a permit that allowed you to vote.

          If I was only required to show a valid ID if carrying a firearm to prove who I was an that I'm not a felon…no problem at all. However, that is radically different from waiting to be approved for a permit to have a firearm that can be revoked at the whim of someone else.

          I am ALL FOR showing an ID when voting, or carrying a gun or even being stopped for questioning by law enforcement. I am AGAINST having to apply for a permit from the government so they can grant me permission to do what the constitution grants me as a God given right.

    • Mark

      Scenario: I walk into an IL gunstore. Look at that nice Glock, may I see it? Do you have a FOID? NO??? What is a FOID?, Well it is an ID to prove you can have a right to the 2nd Amendment. But I thought I had that right already? No, not here in IL. We do things different than the rest of USA. But isn't IL in the USA? He he, well, we have our citizens think so but not really because we are not abiding by the Constitution so we are not truly Americans. Oh…so then, this is a foreign country? Yes but don't tell anybody, we even got our foreign politician to be President… Oh, now I see….

      • Andy

        That crack about the foreign President would be funny if it weren't true….the "dumbing down of America" peaked on election day 2008.

    • Stan Robertson

      “I have been ALLOWED the right to bear arms and have followed the basic fundamentals of being able to OWN a firearm.” Do you even KNOW what you just said??

  • Warren

    To quote an old saying from my youth, "this man has more guts then a slaughter house." In the lair of the Dalys Obama, Emanual, and the whole democrate political machine, I think he is a dead man.

  • tuffenoughalso

    Following West Virginia's example, Illinios should drop away from the state of Chicago and form it's own state. It is our fondest hope that Illinios will join the rest of the states union and once again insist on it's citizens right to self defense. Thugery and racial bias abound in Chiago. They will not hear the truth till it is CRAMMED DOWN THEIR THROATS.

  • gladimnotinillinois

    I travel as much as anyone, but I will continue to drive around Illinois until its legislators dump their idiotic gun-ban laws and awaken to the 21st century. You have to be a complete moron to think that making honest citizens give up their right to carry a gun will lessen in any way the practice of carrying guns by criminals. Thus, these same legislators should be held criminally responsible for every single preventable murder that happens within their boundaries. Chicago lawmakers, and their chief buffoon, Rahm Emmanuel are too incredibly stupid to realize that they have become the laughingstock of our great nation because of their stand on the issue. If they would remove their heads from their behinds for even a second, they might see some enlightenment. The same is true for Emmanuel's stand on Chick-Fil-A ("Chick-Fil-A's values are not Chicago's values"). This is another reason NOT to go to Chicago. When their tourist dollars dry up they'll have to start re-thinking their policies.

  • Joel

    In Texas, a person does not need a CHL/CCW if you are leaving your place of residence to your vehicle and vice versa. You can actually have a concealed weapon on your person if you are walking from your place of residence to your vehicle, and if anything happen between place of residence and your vehicle, and you are confronted with danger, you are justified by law, to use deadly force if necessary to protect yourself or others within the confines of your private property (driveway).

    Now, once you enter your vehicle, you must remove that weapon from your person and conceal inside your vehicle (i.e., glove compartment, under your seat, middle console compartment, etc.) and let's say someone try to carjack you or whatever the case maybe and you fear for your life, you can discharge your firearm inside your vehicle and be justified. This is because your vehicle is an extension of your home and it is considered under the Castle Doctrine. Now you are ready to go home, you hop in your vehicle, you are on your way home, and you just reverse the procedure as stated above. Now, this law is only for people that doesn't have CHL/CCW.

  • Bill K

    At last a D.A. that has common sense. And supports the 2nd Ammendment and what it stand for. We need a lot more, like him, in our public office's.

  • Mike

    Finally a lawmaker who grew a pair of balls!

  • https://www.facebook.com/liam.mccumber Liam McCumber

    Quite often changes in policy start at the bottom and work their way uphill, and not from on high as one would suppose. Prohibition started with individual cities, counties going "dry", then entire states, and finally with the passage of the 18th Amendment & The Volstead Act. The end of Prohibition started with individual judges and police chiefs refusing to enforce The Volstead Act, leading, in part, to passage of the 21st Amendment and the repeal of Prohibition.

    I applaud McLean County State’s Attorney Ron Dozier for standing up for citizen's rights as enumerated by the US Constitution, it is kind of sad that Republican Jason Chambers, who most likely will replace him in November's election, is toeing the statist line. While Ron Dozier's stance can be viewed as heroic, ultimately, it appears to be symbolic, at best, or at least will be symbolic until law enforcement gets on board.

  • John ODonnell

    Kudos to AG Dozier and Illinois. My only hope is that NY will grow some balls (unlikely) and follow suit. Retired law enforcement officers granted full carry privilge by the Fed cannot carry in NY without a permit that is a state requirement for requalification. Forget what they do to the poor citizen who wants to protect his own. Thugs and gangstas dont obey any laws and carry and shoot with impunity but like everything else the tail wags the dog and the rules are made for those who wont and dont obey them.

  • deerhunterjim

    He should call Maryland Attorney General Doug Gantzler and ask HIM to get on the bandwagon. Gantzler is putting up the legal fight of his life right now trying to uphold the current Maryland law requiring "a good and substantial reason for carrying a concealed weapon" which was recently overturned by a circuit court. But only because a higher court ordered a temporary stay of the current law is the reason why Maryland citizens still do not have the right to legally carry a concealed weapon. Hopefully, once all the anti-gun legal wrangling by Gantzler's office ends will law abiding Marylanders have that right.

  • Richard

    Common sense, at last? Please pinch me, I must be dreaming …

    • val

      the best way is 2 all ur buddies 2 VOTE 4 a change show u r real folk home grown n reddy 4 change da means get sum folk out of office n urs in

  • ross walters

    All you have to do is look around the country at shall-issue states and you'll find law-abiding citizens who choose to carry overwhelmingly take that responsiblity seriously and don't cause problems.

    Passing gun control laws is tantamount to a statement by elected officials that they don't trust the people they govern. Apparantly they have more faith in the decisions criminals will make than those of us who obey the laws.

  • wnettles

    OPEN CARRY

  • Jeepers Creepers

    If you can't carry concealed legally. Then carry concealed illegally. Once it is concealed no one will ever know. If your a law abidding person you should never get stopped by the LEO's. Do not go thru metal detectors with your concealed firearm. I can think of at least 6 law suits that if I lived in this state I would file against local and state LEO's. That is also my god given right to sue any one that has threatened me in any way. Does the Leo's in the state of IL put there firearms in a case unloaded in the trunk? One person can raise enough noise to make changes. IL most be full of sheep.

    • Florida Bob

      Are you crazy? Carry illegally. You get hit by a drunk driver. the police come and as you are loaded unconcious into the ambulance. the medic finds your concealed gun. The police charge you with ccw. Now you have to hire an attorney to defend you. The least you will get is a fine and community service, that is the least, plus a record. If is is illegal, then you can be arrested. Add up what it could cost you and rethink your statement. The police and prosecutor don't care about you 2nd amendment rights, but do care about the law you broke.

      • Wolvie

        Bob,

        Eventually, you'll learn to ignore our resident, self-admitted mental defective here.

        He will come on and advocate murder of police officers, illegal carrying of firearms, manufacture of booby traps and many other despicable things.

        Just down-vote his comments like everyone else does and ignore the reprehensible troll.

        Or just smack him down verbally because it feels good.

        Just don't try to reason with him…as that will prove to be a waste of time and effort on your part.

      • Jeepers Creepers

        Thank You Wolvie!!!! I like the kind words. Florida Bob where have you been? Concealed is concealed. I have went to city court with at least 3 concealed handguns. I have went to high school Games with concealed weapons 12 years before I got my first CCW in 1995. I never had a problem with breaking the law that some non American made up. I would rather be Judged by 12 than carried by 6 is the old saying. It was a $50 fine for a concealed weapon back then. Now it is $500 and still a minor offense.

        • Philip

          Yes Jeepers. I was trying to make that point back when we were talking about the cinema shooter, and the personal "no shooting zone" placed by the storeowner.
          I also see, "you break it, you buy it!" signs, which mean nothing in coart. Again, I agree with your motto on the 12 years. If one plays it right, someone will search you?

        • onewhocarestoo

          I would say, Jeepers, you have been extremely fortunate SO FAR with your concealed carry. But you are skating on extremely thin ice. Take care, my friend; I hope you dont get bit in the butt with your cavalier attitude toward ccw

          • jeepers creepers

            I have been legal to carry concealed since 1995. But I had been carrying concealed since 1983. So all is fine, NOW. The locals knew I carried concealed so they wanted to make it legal since I was a victum of a gun mugging.

  • dwayne

    i carry illegally its my right thank you very much

  • ormand

    Road to a Communist Nation

    Stage One: Demoralization – Elimination of American Exceptional-ism, fundamental change of national identity, structural deconstruction of foundational principles, elimination of religion. Embedding a new societal design upon the psyche of generations through ideological academia. Peer pressure by elites upon academics and society to convince that prior values were inherently flawed, racist, prejudiced etc. National identity is diluted with aspersions toward historical references. National history is re-written, re-defined, and molded to fit the new intended behavioral model and create the new values.

    Stage Two: Crisis – Creation of economic, financial, and national security crisis. Also includes social crisis and breakdown of previous self-evident restrictions on moral behavior. Cloward Piven approach to overloading the system, IE more takers than producers. The crisis produces benevolent leaders who will promise to deliver “things” (Hope and Change) to meet people’s needs through Social and Economic Justice. False illusions that the situation is under control if certain strategic directions are followed (Bailouts, Stimulus, Jobs Bills, Regulations of industry, Unconstitutional Power Grabs, Dismissal of Historical Laws, Changes in legislative processes, Changes in checks and balances of power etc).

    Stage Three: Normalization – The uncomfortable feelings of change including losses of freedom are absorbed and accepted. Lost national identity becomes accepted as the norm within the new societal model. A period of national re-branding transition where people are so overwhelmed by the change they become numb and begin to accept a ‘new normal’. This period of normalization lasts indefinitely as the progression is continually advanced and acceptance takes place in small controlled doses. (New limits on behavior, Regulations, TSA Pat downs, Intrusions into privacy, Controls into daily life) These things begin to be accepted as “just the way it is now”..

    Stage Four: Destabilization – Unlike the period of “Crisis” the people who helped orchestrate the change are now no longer needed. The new overarching centralized governmental model begins to take control. Leftist usurpers who initially thought they were going to be part of the new power structure begin to realize they were used and manipulated and they themselves become the new enemy. Because they have first hand knowledge of the agenda they are the primary target for elimination. They may simply be disregarded, obfuscated, thrown out, or they may be collected, imprisoned, or worse killed. There is no longer room for dissention. Dissent is only possible within the free system that has now been deconstructed. Therefore the leftist purpose is served once the destabilization is complete. Totalitarian Government takes control…

  • dan

    Ormand: I have held this view for many years but you explained it much more eloquently than I have been able to do. Thanks.

  • Richard M

    While it is refreshing to see a turn-about in Ill, this States Attorney still has it wrong. He said: “We will no longer use the power and authority of our office to
    criminalize and punish decent otherwise law-abiding citizens who chose
    to exercise their rights granted under them by the Second Amendment of
    the U.S. Constitution to keep and bear arms in defense of themselves and
    their families,”

    I’m sorry but the 2nd Amendment Rights are NOT granted by the Bill of Rights but they ARE PROTECTED by the Bill of Rights. If his position is an elected one, then he is obviously trying to protect it…although in such a liberal controlled state, he is taking a hell of a chance.

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