Tag: illinois

A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit

Two years ago in New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court upheld the constitutional right to carry guns in public for self-defense. But in Illinois, people with concealed-carry permits are committing a misdemeanor if they bring their handguns with them when they use public transportation. Among other locations, that ban covers all Metra commuter trains in the Chicago area, all of the buses and trains operated by the Chicago Transit Authority (CTA), and all facilities, including parking lots, associated with them. Last Friday, a federal judge deemed those restrictions unconstitutional as applied to four permit holders.

Under Bruen, the government has the burden of showing that a law is “consistent with this Nation’s historical tradition of firearm regulation” when it restricts conduct covered by the “plain text” of the Second Amendment. “The Court finds that Defendants have failed to meet their burden,” U.S. District Judge Iain D. Johnston writes in Schoenthal v. Raoul. “That failure is dispositive.”

Maintaining that the challenged provision of the 2013 Illinois Firearm Concealed Carry Act passes the Bruen test, Cook County State’s Attorney Kimberly Foxx cited several historical precedents, none of which Johnston considered adequate. She argued, for example, that the 14th century Statute of Northampton, which forbade “force in affray of the peace” and going or riding “armed” in “fairs” or “markets,” established a tradition of regulating arms in public that was continued in early American gun laws.

In Bruen, Johnston notes, the Supreme Court “found that the Statute of Northampton wasn’t a general ban on bearing weapons; instead, the offense was arming oneself to terrify others.” That motivation, he says, “is also reflected in the corresponding state statutes.” A 1786 Virginia law, for example, made it a crime to “ride armed by night nor by day, in fairs or markets, or in other places, in terror of the county.”

The Illinois plaintiffs, by contrast, “wish to carry concealed arms in self-defense, so the Firearm Concealed Carry Act’s ban burdens Plaintiffs’ Second Amendment right for a wholly different reason than the Statute of Northampton and similar state statutes did,” Johnston writes. “A concealed arm doesn’t terrorize; it’s concealed. Consequently, these historical laws do not serve as an appropriate historical analogue.”

Foxx also cited an 1821 Tennessee law, an 1837 Arkansas law, and an 1871 Texas law, all of which restricted public possession of weapons. The Texas law required that someone who carries a pistol have “reasonable grounds for fearing an unlawful attack on his person.” In Bruen, Johnston notes, the Supreme Court viewed that law and two state court decisions upholding it as “outliers” that “provide little insight into how postbellum courts viewed the right to carry protected arms in public.” Foxx, Johnston says, offers “nothing to the contrary.”

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Illinois changes biometric privacy law to help corporations avoid big payouts

Illinois has changed its Biometric Information Privacy Act (BIPA) to dramatically limit the financial penalties faced by companies that illegally obtain or sell biometric identifiers such as eye scans, face scans, fingerprints, and voiceprints.

The 2008 law required companies to obtain written consent for the collection or use of biometric data and allowed victims to sue for damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation. But an amendment enacted on Friday states that multiple violations related to a single person’s biometric data will be counted as only one violation.

The amendment, approved by the Illinois Legislature in May and signed by Gov. J.B. Pritzker on August 2, provides “that a private entity that more than once collects or discloses a person’s biometric identifier or biometric information from the same person in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery.”

As Reuters reports, the “changes to the law effectively overturn a 2023 Illinois Supreme Court ruling that said companies could be held liable for each time they misused a person’s private information and not only the first time.” That ruling came in a proposed class action brought against the White Castle restaurant chain by an employee.

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Race to the Bottom: The State Competing with California to be the ‘Left’s Progressive Utopia’

When hearing about the woes of blue states, names like California and New York immediately come to mind, but we may need to add a new name to the list of places Democratic officials are ruining: Illinois.

The Daily Caller reported on Thursday that new data indicates the state our 16th president, Abraham Lincoln, once called home is in a downward spiral.

While California is still leading the nation with the worst unemployment rate in the country at 5.3 percent, Illionois is not far behind in fifth with 4.8 percent.

The comparisons don’t stop there. With the 8th highest tax burden and high crime rates, many Illinoisans are opting to simply leave the state for greener pastures — as Californians have been doing.

Bryce Hill, director of fiscal and economic research at the Illinois Policy Institute, told the Daily Caller News Foundation, “The Census Bureau has reported that residents are leaving the state en masse to the tune of hundreds of thousands every single year, so much so that the state’s population has actually been declining for the past 10 years.”

As of July 2023, Illinois population was 12,549,689. That number was down 32,826 from 2022. Census data showed this fall has been steady, as the population as of April 1, 2020, was 12,813,469.

Heartland Institute Senior Fellow S.T. Karnick cited a few reasons for this decline. “Opinion polls cite high taxes as the top reason people want to leave Illinois, with crime and safety second. Illinois has the fourth-most regulations among the 50 states, which raises prices and kills jobs.”

Violent crime in Chicago went up 18 percent in 2023 compared to ten years prior, with arrests dropping 33 percent over the same time.

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Illinois Won’t Let Him Do His Job Filing Paperwork—Unless He Gets a Private Detective License

Should you need to display competency in crime scene evaluation, interviewing and interrogation techniques, electronic surveillance, and firearms in order to file paperwork with the government?

Common sense answers that question. But common sense, unfortunately, doesn’t always drive policy, so it will instead be up to a federal court to consider that query as a part of a federal lawsuit at the nexus of occupational licensing and free speech.

David Knott is the paperwork filer in question. And there is quite a bit of paperwork for him to file. Knott’s company, United Asset Recovery Inc., helps clients reclaim lost personal property held by the government: Across the country, states take possession of lost assets—uncashed checks, abandoned bank accounts, etc.—but they are required to return them if the owner petitions the state and successfully proves that he or she is the rightful owner. 

If is the operative word here. Many people don’t realize the government is holding their property, or they don’t know how to get it back, which is why companies like Knott’s exist. Paid by commission, he checks government databases listing unclaimed property, contacts the owners, and offers his services in filing the necessary paperwork to retrieve their property.

But in 2021, the state of Illinois told Knott he was no longer permitted to do so unless he obtained a private detective’s license, which would require he apprentice for three years with an investigator, a licensed attorney, a corporation with 100 or more employees, the armed forces, or a law enforcement agency. This is despite that he does not, in fact, have any interest in being a private investigator. He would also have to prove he is adept at the areas mentioned above—crime scene investigation, interrogation, surveillance, and firearms—despite, again, that he has no intention of employing any of those skills.

Should Knott ignore the government’s directive, he would face criminal prosecution—a misdemeanor for the first offense, a felony for any subsequent one—and a $10,000 fine per infraction.

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Why Doomsayers Think the Eclipse Will Bring Disaster to Illinois

THE END OF THE WORLD will occur in Carbondale, Illinois. That is one of the latest conspiracy theories that’s been floating around the internet over the past year. Seven years ago, this small town experienced a total solar eclipse, the path of which spanned the United States diagonally from South Carolina to Oregon. This year on April 8, the U.S. is once again seeing a band of 100 percent totality, but this time stretching from Texas to Maine. If the paths from both the 2017 and 2024 total solar eclipses were laid on top of each other, the two trajectories would form an X over the country. Carbondale sits right at the center of that X, one of the very few lucky places to see a total eclipse twice in seven years.

“If you lived forever, and you never moved from where you are today, on average, you would have to wait 400 years for a total eclipse to come across where you are,” says Frank Close, Professor of Physics at Oxford University and a Fellow of Exeter College. The likelihood that you could experience two total solar eclipses in one place in the space of seven years is miniscule. The chances are so low, that some believe something special is going on in Carbondale. In particular, conspiracy theorists believe that a seismic event will be triggered when the eclipse arrives in this part of the state, known as Little Egypt, killing hundreds of thousands of people.

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Illinois parole board members resign after releasing man who stabbed 11-year-old to death in less than 24 hours

A board member and chair of the Illinois Prisoner Review Board resigned after freeing a man who went on to fatally stab his ex-girlfriend’s 11-year-old son less than 24 hours after he was released.

According to CBS 2, board chair Donald Shelton and board member LeAnn Miller resigned Monday following the March 13 murder of Jayden Perkins, who was stabbed in the chest allegedly by the recently released prisoner.

Crosetti Brand (37) allegedly ambushed Perkins and his pregnant mother, Laterria Smith, who was his ex-girlfriend, at their home after he was granted parole from the Stateville Correctional Center.

Smith (33) was stabbed in the neck during the attack but survived.

Brand had been serving 16 years for home invasion and aggravated assault.

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Illinois Moves To Cut Thousands Of Non-Citizens From Taxpayer-Subsidized Health Care

Illinois officials are moving to stop providing taxpayer-subsidized health care to thousands of non-citizens, including many illegal immigrants, in a bid to rein in soaring costs.

The Illinois Department of Healthcare and Family Services said in a recent statement it will start annually verifying the eligibility for two programs—Health Benefits for Immigrant Adults (HBIA) and Health Benefits for Immigrant Seniors (HBIS)—after enrollment was paused due to budget concerns.

“This process will mirror the redetermination process used in the traditional Medicaid program to ensure those enrolled remain eligible,” the agency said.

The plans include closing cases for people who are enrolled who make over a certain amount or who otherwise are no longer eligible for the program in which they’re enrolled. Officials also plan on removing legal permanent residents who qualify for Medicaid, which is a federal program.

“The redetermination process ensures that those who are enrolled remain eligible for coverage,” Illinois Department of Healthcare and Family Services spokesperson Jamie Munks told WBEZ. “If an individual loses coverage through the redetermination process, it is because they no longer meet eligibility requirements, or they are required to respond or submit additional information to prove their continued eligibility, but they do not do so.”

The processes are estimated to reduce the number of enrollees in the state programs by about 6,000 people, state Sen. Don DeWitte, a Republican, told the Center Square after hearing from state health officials. Those removals would result in savings of $14 million.

HBIS, launched in 2020, provides taxpayer-funded health care for seniors who would receive Medicaid coverage but can’t get it due to their immigration status. HBIA, introduced in 2022, provides the same state benefits for people aged 42 to 64. Illegal immigrants are among the approximately 63,000 covered.

“Everyone, regardless of documentation status, deserves access to holistic healthcare coverage,” Illinois Gov. J.B. Pritzker, a Democrat, said in one of his statements in support of the programs.

Many Republicans have opposed the programs, noting that some citizens still lack health care.

The costs of the programs have increasingly sparked concern among lawmakers of both parties.

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Illinois Supreme Court To Rule On Whether Smell Of Marijuana Alone Is Cause To Search A Vehicle

“Even the claim of smelling cannabis can be discretionary. Honestly, it can be made up sometimes when officers are being less than honest because there’s no way to challenge it.”

The Illinois Supreme Court heard arguments Wednesday as to whether the smell of cannabis alone is grounds for police officers to search a vehicle, marking a test of the state’s 2020 recreational marijuana legalization law.

The court heard two consolidated cases of individuals who were in vehicles that were searched after an officer used the smell of cannabis as probable cause.

In People v. Redmond, defendant Ryan Redmond was pulled over by Illinois State Police for an unsecure license plate and driving three miles per hour over the speed limit, court records show. Upon smelling cannabis, the officer searched the vehicle and found about one gram of cannabis in the center console. He later charged Redmond with a misdemeanor for failure to transport cannabis in an odor-proof container, according to court documents.

The other case, People v. Molina, involved defendant Vincent Molina, who was a passenger in the vehicle when an Illinois State Police trooper smelled cannabis and searched the car, finding a small box of rolled joints, according to court records. Molina told the trooper he had a medical marijuana card prior to the search, the records state. Molina was charged with unlawful possession of cannabis by a passenger in a motor vehicle for not storing the cannabis in an odor-proof container.

Lawyers for Molina and Redmond argued the smell of cannabis alone should not be probable cause to search a vehicle given that the substance is no longer illegal in Illinois.

But Attorney General Kwame Raoul’s office argued the law requires drivers to transport cannabis in an odor-proof container. Thus, the presence of cannabis odor is grounds for a search, even if the passenger is possessing an amount under the legal limit or has a medical marijuana card.

“It remains illegal to use cannabis in a vehicle and to transport cannabis in a vehicle in a container that is not odor-proof,” a November brief filed by Raoul reads. Thus, “the odor of cannabis—whether in raw or burnt form—continues to provide police with probable cause to search.”

Mitchell Ness, assistant attorney general, continued the argument before the Supreme Court on Wednesday.

“Cannabis is no longer contraband in every circumstance, but that doesn’t absolve the person from following the laws that are in place,” he said.

Chief Justice Mary Jane Theis said the central matter of the cases was roadway safety.

“The concern here is the safety of the public driving down the highway and impaired drivers,” Theis said at the oral arguments. “We’re concerned about drunk drivers, and we’re concerned about high drivers.”

Nationwide and state-level chapters of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers filed a brief in support of Molina and Redmond, writing that allowing the odor of cannabis as cause for searching a vehicle will lead to biased enforcement against Black and Latino Illinoisans.

“There is a decades-long pattern of police in this state using pretext like cannabis odor to disproportionately stop and search Black and Latino drivers,” the brief reads. Illinois’ stop and search policy “unfairly subjects (Black and Latino drivers) to at-will intrusions of their privacy and relegates them to second-class citizenry.”

The organizations argued the legalization of cannabis means its presence is not indicative of contraband or crime.

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The High Costs Of Diversity, Equity, & Inclusion At Illinois Universities

Several Ivy League schools have been put under a national microscope recently for applying the right to free speech inconsistently. These universities are giving some groups unwavering protection to protest, while shutting down other groups altogether. These inconsistencies have one common denominator: Higher education’s unwavering devotion to diversity, equity, and inclusion (DEI).

DEI’s focus on race, gender and is credited for much of the divisiveness on college campuses these days and Illinois’ university system is not immune. Look no further than the University of Illinois Urbana-Champaign (UIUC) where Communication 9 goes as far as to tie faculty performance evaluations to professors’ commitment to DEI. We outlined problems with the university’s initiative here.

But what also deserves attention are the growing DEI bureaucracies and the significant financial costs associated with them. Illinois’ universities are building out big teams led by executives with big pay, the highest among them Sean Garrick, Vice Chancellor for Diversity, Equity, and Inclusion, at University of Illinois Urbana-Champaign (UIUC). His total compensation in 2023 is reported at $352,000, according to the Illinois Board of Higher Education.

But he’s just the tip of the DEIceberg.

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