ChanceMcCall
Custom
The Speech at the Meeting:
I am here to speak in opposition to this bill titled Protect Illinois Communities Act. While the name of the bill seems innocent, I will explain why the bill is unconstitutional, does not protect citizens, and does not reinforce current laws and regulations in-place to protect the common citizen.
I first wish to cover landmark Supreme Court cases relevant to the 2nd amendment.
Heller vs DC (2008): DC banned possession of handguns. US Supreme Court ruled that a handgun ban is unconstitutional. Heller defined the terms of the 2nd Amendment. To Keep is defined to as “To Possess” and To Bear as “To Carry”. Arms is defined under Heller based in the 1773 Edition of the Samuel Johnson’s Dictionary as “Weapons of offense and armor of defense”. The US Supreme Court has stated, “The Second Amendment extends Prima facie to all instruments that constitutes bearable arms even those that were not in existence at the time of the founding.”
Bruen: Applies that restrictions must be based on longstanding historic or tradition of the United States. Long standing historic or tradition was defined under Bruen as being at the time of founding of the law, back in 1791. This does not mean laws that were passed in the past 100 years. Under Bruen, the burden on historical regulations and context rests on the government to appeal. Current court cases appealing Bruen standings in NY, CA, and NJ have only been able to find laws existing to disarm free blacks, natives, and Catholics. I am hoping everyone on this panel would not accept any laws that would open discriminate on anyone like this, but if politicians are submitting evidence like this in courts, then we have a long way to go. Current court cases underway post-Bruen that are underway have filed temporary restraining orders, meaning they must not be enforced for a specified timeframe. A US District Court in Colorado issued a TRO against magazine and gun bans in Superior, Colorado. The ban had much of the same language similar to the current HB being discussed here today.
In October 2021, the CPD released a list of officers who joined vs those who left. It was listed that 51 officers joined in 2021, while 900 left. This is a stark comparison to 2019 when 444 joined, and 619 left. With a massive staffing shortage, and massive budget of $16.7 Billion dollars, police are slower to respond to emergencies where life and death can take seconds. I would like to provide average response time for CPD, but the data is unavailable. The city agreed to release the data to settle a lawsuit from the ACLU by February 2022. No records have been found to this day. This bill seeks to disarm citizens from defending their lives, their family with a comprehensive weapons ban. All the while being left at the mercy of law enforcement that may not show up on time. This does not protect Illinois Communities.
A final note I wish to note to everyone, either going for or against this bill, should heed these words very carefully. In the event of needing protection from great bodily harm or death, the police are required to protect you. Under multiple Court cases, going all the way to the US Supreme Court, police are not obligated to protect and serve.
• Warren v. DC (1981) - Held that the police do not owe a specific duty to provide police services. This includes saving your life from great harm. There are no legal obligations for police to place their life above another.
• Castle Rock v. Gonzales (2005) – Provided police do not need to protect those even with a restraining order against her assailant, the husband, that killed her three children. US Supreme Court ruled that police officers had not violated Gonzales’ procedural due process rights by failing to respond to her requests that the police enforce the order.
• Lozito v. NYC (2012) - NY Judge Chan agreed that police had "no special duty" to protect Lozito who was being attacked by a murderer who took the lives of 4 and injuring 5.
The origins of “To Protect and Serve” was a motto picked from a contest in 1955 for the LAPD. It does not hold any legal binding anymore than any other motto or slogan used by any company in the United States. Leaving citizens to becoming disarmed due to having sell, destroy, or surrender their arms under the current language or become felons overnight, is dangerous and does not Protect Illinois Communities. To disarm The People would not lower crimes, as Chicago had firearms ban, all the while firearms related crime persisted. To disarm The People would not save lives, as people with ill will, will find another method or go against the laws. To disarm The People, does not Protect Illinois Communities.
Thank you for your time.
I am here to speak in opposition to this bill titled Protect Illinois Communities Act. While the name of the bill seems innocent, I will explain why the bill is unconstitutional, does not protect citizens, and does not reinforce current laws and regulations in-place to protect the common citizen.
I first wish to cover landmark Supreme Court cases relevant to the 2nd amendment.
Heller vs DC (2008): DC banned possession of handguns. US Supreme Court ruled that a handgun ban is unconstitutional. Heller defined the terms of the 2nd Amendment. To Keep is defined to as “To Possess” and To Bear as “To Carry”. Arms is defined under Heller based in the 1773 Edition of the Samuel Johnson’s Dictionary as “Weapons of offense and armor of defense”. The US Supreme Court has stated, “The Second Amendment extends Prima facie to all instruments that constitutes bearable arms even those that were not in existence at the time of the founding.”
Bruen: Applies that restrictions must be based on longstanding historic or tradition of the United States. Long standing historic or tradition was defined under Bruen as being at the time of founding of the law, back in 1791. This does not mean laws that were passed in the past 100 years. Under Bruen, the burden on historical regulations and context rests on the government to appeal. Current court cases appealing Bruen standings in NY, CA, and NJ have only been able to find laws existing to disarm free blacks, natives, and Catholics. I am hoping everyone on this panel would not accept any laws that would open discriminate on anyone like this, but if politicians are submitting evidence like this in courts, then we have a long way to go. Current court cases underway post-Bruen that are underway have filed temporary restraining orders, meaning they must not be enforced for a specified timeframe. A US District Court in Colorado issued a TRO against magazine and gun bans in Superior, Colorado. The ban had much of the same language similar to the current HB being discussed here today.
In October 2021, the CPD released a list of officers who joined vs those who left. It was listed that 51 officers joined in 2021, while 900 left. This is a stark comparison to 2019 when 444 joined, and 619 left. With a massive staffing shortage, and massive budget of $16.7 Billion dollars, police are slower to respond to emergencies where life and death can take seconds. I would like to provide average response time for CPD, but the data is unavailable. The city agreed to release the data to settle a lawsuit from the ACLU by February 2022. No records have been found to this day. This bill seeks to disarm citizens from defending their lives, their family with a comprehensive weapons ban. All the while being left at the mercy of law enforcement that may not show up on time. This does not protect Illinois Communities.
A final note I wish to note to everyone, either going for or against this bill, should heed these words very carefully. In the event of needing protection from great bodily harm or death, the police are required to protect you. Under multiple Court cases, going all the way to the US Supreme Court, police are not obligated to protect and serve.
• Warren v. DC (1981) - Held that the police do not owe a specific duty to provide police services. This includes saving your life from great harm. There are no legal obligations for police to place their life above another.
• Castle Rock v. Gonzales (2005) – Provided police do not need to protect those even with a restraining order against her assailant, the husband, that killed her three children. US Supreme Court ruled that police officers had not violated Gonzales’ procedural due process rights by failing to respond to her requests that the police enforce the order.
• Lozito v. NYC (2012) - NY Judge Chan agreed that police had "no special duty" to protect Lozito who was being attacked by a murderer who took the lives of 4 and injuring 5.
The origins of “To Protect and Serve” was a motto picked from a contest in 1955 for the LAPD. It does not hold any legal binding anymore than any other motto or slogan used by any company in the United States. Leaving citizens to becoming disarmed due to having sell, destroy, or surrender their arms under the current language or become felons overnight, is dangerous and does not Protect Illinois Communities. To disarm The People would not lower crimes, as Chicago had firearms ban, all the while firearms related crime persisted. To disarm The People would not save lives, as people with ill will, will find another method or go against the laws. To disarm The People, does not Protect Illinois Communities.
Thank you for your time.