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DinoDoc
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AECCP loves Democracy
Sep 1999
time: 23:20
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quote:
CHICAGO — As anti-gun groups across the nation offer everything from cash to free pizzas to people willing to turn in their firearms, a joyfully antagonistic pro-gun-rights group is giving away handguns to residents in Chicago, where merely possessing one is a felony.
The first winner is expected to pick up his Kel-Tec .32-caliber semiautomatic this week. A Hasidic Jew, who says his traditional black hat and long black coat make him feel like a target for anti-Semites, plans to pick up the gun in the suburbs and break the law when he crosses back into the city.
Chicago, the murder capital of the United States last year with 666 homicides, has — along with Washington, D.C. — the nation's strictest gun-control laws. And the city's most powerful and vocal gun-control proponent is Mayor Richard M. Daley.
All of which makes the goal of Concealed Carry and its president and chief provocateur, John Birch, all the more delicious.
"I'm trying to pick people who Mayor Daley will have a lot of fun going up against," Birch said. "I'm going to all his support groups: gays, women, blacks, Jews, the disabled."
The winner of the first contest — who, because he plans to commit a felony very soon, asked that his name not be used — was not the group's first choice.
Birch says the first man who was set to take the gun, until the media started poking around, was another Jew who suffered three bullet wounds in 1999 when white supremacist Benjamin Smith drove through Illinois and Indiana, shooting blacks, Asians and Jews, killing two and wounding nine.
The front-runner for the second giveaway: an HIV-positive gay man who lives in a neighborhood not known for its acceptance of alternative lifestyles.
The handout program, the latest in a series of attempts by Birch to poke holes in Chicago and Illinois gun laws, began in April with a posting on Concealed Carry's Web site inviting Chicagoans to write an essay explaining why they need handguns for protection.
They had to be 21 or older, able to pass a federal background check and possess an Illinois Firearm Owners Identification Card — a requirement for all state gun owners and yet another law that irks gun-rights groups.
Extra points were given to women, the disabled and applicants the group deemed likely to face a physical threat, be it working the night shift at a convenience store, having a restraining order against a former spouse or wearing Hasidic clothing.
Birch, 48, a retired Army reservist who is no relation to the namesake of the conservative John Birch Society, lives in the suburb of Oak Brook, where possessing a registered handgun is legal but carrying it concealed is not. He spends much of his time trying to overturn that law — Illinois being one of six states to have such a restriction — as well as Chicago's ordinance forbidding handgun possession altogether.
Since founding Concealed Carry in 1998, Birch has done much to keep both topics on the political table.
"I can't say I'm surprised that Mr. Birch has come up with another stunt to draw attention to himself and this issue," said Thomas Mannard, executive director of the Illinois Council Against Handgun Violence. "Basically, what Mr. Birch is doing here is hoping that one of these individuals brings the gun into Chicago, gets arrested and brings the city's gun ban to court. If he wants that, why doesn't he do it himself?"
While in no hurry to get arrested, the soon-to-be owner of the new Kel-Tec says he's thrilled to be joining Birch in his efforts, because he shares Birch's views.
"I don't feel like I'm being used at all," the man said. "I feel like maybe I'm using him. I get a free gun. And I definitely feel like a target."
The winner and Birch agree, however, that they are itching to see Chicago's ordinance tested in court. Another of Concealed Carry's 1,200 members filed suit last month, asking that some Illinois and Chicago gun laws be overturned on the grounds that they are unconstitutional and conflict with each other.
Birch, whose sensational methods do not always earn him the support of other state gun-rights groups, made his public debut in 1999, during a growing debate in the Illinois Legislature over the concealed-carry law.
Realizing lawmakers were not likely to reduce the charge for carrying a concealed weapon from a felony to a misdemeanor, he proposed — unsuccessfully — that they at least exempt from prosecution anyone who completed a 40-hour firearm training course and passed a criminal background check.
Birch, a federally licensed gun dealer, can buy the small Kel-Tec — often used by police officers as a backup weapon — from a distributor for just $189.
"At that price, I can keep doing this forever," Birch said. "This should be fun." |
I wonder if Ming has signed up yet. 
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David Floyd
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The bottom of a large bottle of beer
Jan 1970
time: 05:20
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Especially since, where he lives, there is no law against handgun ownership, and any law against giving away handguns strikes me as unenforceable.
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Dr Strangelove
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Or they could wait until someone who gets a free gun committs a crime.
Last edited by Dr Strangelove on 26-06-2002 at 04:10
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- Groucho -
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quote:
Originally posted by rah
The fact that they have to be Chicago residents is immaterial. |
No, it isn't. In almost every state, the elements of conspiracy only require an agreement between two or more people to accomplish an unlawful purpose. Here the unlawful purpose is to carry a concealed weapon in Chicago. The crime is committed by a member of the conspiracy when they perform an act in furtherance of the unlawful purpose (the act itself does not have to be illegal). And it is not a required element that every member of the conspiracy actually commit or plan to commit the illegal act. It's enough that one will and the others act to help that person accomplish the illegal goal.
It seems that so far, though, this guy is just blowing smoke. But once he hands the gun over to the Chicago resident, a conspiracy charge would probably stick.
Politically though, it would make more sense to wait until the guy actually commits the crime and bust the supplier as an accomplice. It's cleaner that way.
Che: Solicitation (or inciting) may not work in this case as many states have restricted common law solicitation to serious felonies. I'm not sure where Illinois stands on this.
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- Groucho -
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Oh. Well, that is that then. The article said that the Hasidic Jew was the first planned recipient but indicated it was still "planned". My guess is that this guy wants to get charged so he can bring a constitutional challenge to the law. As a non-Chicagoan I'm not sure if he would have standing to bring the challenge otherwise.
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25-06-2002 21:48
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