Concealed carry bill: Illinois prosecutor 'goes rogue,' allows concealed carry

[Drale]

An Illinois prosecutor is refusing to prosecute carriers of concealed weapons in his county, even though the governor is still weighing the bill that would allow concealed carry statewide. The attorney’s announcement puts him amongst a burgeoning crop of local officials nationwide who are "going rogue" in civil disobedience efforts against mounting calls for greater gun control.

In May the Illinois General Assembly passed a bill that would allow state residents to have guns in public, putting an end to Illinois’ status as the only state that does not allow its citizens to do so. Without the signature of Gov. Pat Quinn, a Chicago Democrat, that bill is not yet law.

But Jeremy Walker, the State Attorney for Illinois’ Randolph County, said ahead of the governor’s pending decision on Tuesday that he would not prosecute public gun possession in his rural country, which touts the motto, “Where Illinois Began.” His statement comes just days after St. Louis' Madison County’s State Attorney made a similar announcement about his also mostly rural area.

Illinois has become a contested center in the gun control debate, as high rates of gun violence in roiling Chicago has focused national attention there. Governor Quinn has previously voiced opposition to a concealed carry law in his state.

http://www.csmonitor.com/USA/USA-Update/2013/0612/Concealed-carry-bill-Illinois-prosecutor-goes-rogue-allows-concealed-carry

When did these prosecutors and sheriffs get it into their minds that they were allowed to dictate the law? They enforce they law, if they want to make the law they should run for office in Springfield.

[premium]

1. Prosecutors decide whether or not to charge someone with a crime.

This prosecutor is doing the right thing, CC is soon going to be the law in IL., why charge someone with a crime when it will very soon be legal?


Gov. Quinn can ponder signing it all he wants, the bill was passed with a veto proof majority, it is going to become law whether or not the Gov. likes. it.

[rrneck]

2. Probably becacus they already ran for office and they're getting an earful from their constitutients

[Nimajneb Nilknarf]

3. It's a very old legal concept called prosecutorial discretion

A police officer is not obligated to cite every jaywalker he sees, or to pull over every driver who changes lanes without using a turn signal. Likewise prosecutors enjoy broad privileges in prioritizing their workloads.

As long as they don't turn the other cheek on genuine malum in se crimes, what difference does it make?

[Drale]

4. What difference does it make?

The bill that will eventually get passed in Illinois will have many restrictions in it, how does this guy know what those restrictions will be? He's allowing people who would not be able to carry under the future law to carry a weapon.

[Nimajneb Nilknarf]

5. So, you object to him choosing not to enforce provisions of a law that hasn't been written yet.

I think I understand.

[Drale]

6. I object to him choosing not to enforce a law currently on the books

that could lead to a crazy person (like Zimmerman) killing innocent people. Until we know who will be allow to and who won't be allow to carry, the current law should be enforced.

[Nimajneb Nilknarf]

7. It is completely within his professional discretion to choose not to enforce the law.

Last edited Thu Jun 13, 2013, 12:31 PM - Edit history (2)

The issue is separation of powers. It's fundamental to the structure of our nation. The state legislature cannot compel the judiciary to take action on any specific case.

For supplemental reading please see http://www.techlawjournal.com/glossary/legal/attainder.htm