Illinois State Senator Pushes Bill Allowing Government To Confiscate Guns Without Due Process

Tyler Durden's picture

Via Daniel Lang of SHTFPlan.com,

There are people in our government who are determined to chip away at our Second Amendment rights, and they are an insidious bunch.

Rarely do they make blatant gun grabbing attempts. Typically they push for policies that quietly set back gun rights. They like laws that merely set precedents without alarming the public, and they’ve been doing it successfully for decades.

The latest of these attempts comes from Illinois, one of the least gun friendly states in America. State Senator Julie Morrison has proposed a bill titled SB 1291, which would allow the government to confiscate firearms from citizens without any due process. According to Breitbart:

SB 1291 would create a “Lethal Order of Protection” whereby the firearms of Illinois residents could be confiscated if a family member or “law officer” files a petition stating the gun owner “poses an immediate and present danger of causing personal injury to himself, herself, or another by having … [a firearm] in his or her custody or control.”

 

SB 1291’s summary states:

 

[The bill] provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders.

Basically if this bill passes, then a resident of Illinois could have his or her firearms confiscated if a family member alleges that the person in question is an immediate threat to himself or others. All they have to do is file a petition and report that allegation to the government. I say allegation, because under this bill, no real proof is required to take away someone’s firearms.

Moreover, the input and presence of the person who is targeted is not required during this process. If this happened to you, it wouldn’t even be your word against theirs. You wouldn’t be able to defend yourself in court at all.

However, what may be more alarming about this bill, is it that states that a “law enforcement officer” can file one of these petitions. Does that mean that the cops could have your weapons confiscated on a whim?

The gun grabbers in our society have tried to set a lot of bad legal precedents over the years. Let’s pray that this doesn’t become one of them.

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40MikeMike's picture

All this Chicago murder hype when Baltimore thugs 3X more murderous per capita.

 

Not even close!

 

Would love to see a city to city challenge.

 

Home field advantage would take on an amazing significance.

 

I'd put Baltimore's thuggery against any in the nation.

Adahy's picture

I was about to centest that, then I looked it up.  So far for 2017, Baltimore is #5, Birmingham is #12, so you win on that one.  But we do have #21 about 5 mins from B'ham, so there's that.
Last year, you guys were #2 and we were #5.  I'll go 30 mins out of the way just to not drive through that shithole now.
'Bout to move further south into the country and further away from that hellscape; still trying to outrun all that "progress".

 

UmbilicalMosqueSweeper's picture

Try Chester, PA...worse murder rate than Filthydelphia, another "democrat" pus-pocket.

pparalegal's picture

Does that mean Chicago homie gangsters can complain about individual cops they don't like?

G-R-U-N-T's picture

I'm from the government and I'm here to help....LOL. Confidence in government and their psychpathic politicians are collapsing before our eyes. Sooner or later the people and these pieces of shit Statist Cons are going to have a serious disagreement!

TeethVillage88s's picture

This Illinois Legislature and the Governor,

I henceforth affirm that we decree that Axes, Pitchforks, Hatchets, Bayonets, Bowie Knives, Machetes, and Guns and even cars, trucks or motorized conveyances are hereby outlawed, prohibited, and forbid under law that concludes that guns are the source of waste in our medicare/medicaid system.

Was that alright, armondo?

Twee Surgeon's picture

There are Laws in place that make this so called Legislation Illegal, see here..

https://www.law.cornell.edu/uscode/text/18/241

https://www.law.cornell.edu/uscode/text/18/242

It is a Conspiracy against Rights under Federal Law. The Author should be arrested.

houseteam's picture

I need more guns. Glad I don't live in Illinois.

man of Wool's picture

Basically if this bill passes, then a resident of Illinois could have his or her firearms confiscated if a family member alleges that the person in question is an immediate threat to himself or others. All they have to do is file a petition and report that allegation to the government. I say allegation, because under this bill, no real proof is required to take away someone’s firearms.

Sounds pretty sensible to me. Guns are dangerous and there are so many mentaly-ill people around these days. Suicide by gun is very high in the USA, so any measure to prevent this and help sort peoples problems out should be welcomed. 

Petulent gun owners are boring and need to grow up.

Blanco Diablo's picture

What you need are a couple tribes of peaceful Somali muslims in your neighborhood, that would take care of most of the current problems.

Refuse-Resist's picture

My theory:

Anyone who's ever said "Diversity is our strength" is somebody who has never lived around diversity.

And yes, some 68 IQ dindus that also happen to be mohameddans definitely add a certain degree of vibrancy to any neighborhood.

You want to talk about a winning combination of characteristics that can really enrich and make America Great Again, well those are it:

Black+Muslim+68IQ = AMERICA FUCK YEAH!

COMIN TO SAVE THE FUCKIN DAY!

If we could re-locate the new refugees, especially the Africa All-Star  Somalians, to Deerfield Park that would be a good.  A new refugee center across the street from Synagogue would be a damn good start.

 

Global Douche's picture

When the Police and Military give up their guns, then I'll consider giving up mine!

I don't know what Kool-Aid flavor you're drinking, but I want none of it.

The Wedge's picture

"Guns are dangerous"

Yep, just the other day I read about a glock that went on a shooting spree.

Petulant gun grabber apologists are dangerous and dumb animals. They're usually easy to spot with their intellectually dishonest arguments, lack of coherent logic and magical thinking. But beware, they are very dangerous. 

lakecity55's picture

Vociferous gun-grabbers Always have a stash of Glocks they don't want anyone to know about!

 

Pro-Life's picture

Petulant POS trolls are boring and need to grow up... Don't tread on me and my constitutional rights. Got it???

A well regulated Militia, being necessary to the security of a free State,

the right of the people to keep and bear Arms, shall not be infringed.

Jayeles's picture

Everyone in this country should know that the police, generally, have no obligation to protect the citizens.

In its landmark decision of DeShaney v. Winnebago County Department of Social Services (2), the U.S. Supreme Court declared that the Constitution does not impose a duty on the state and local governments to protect the citizens from criminal harm. Focusing on the phrase referring to "due process" in the Fourteenth Amendment, the Court wrote that
nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without "due process of law," but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means.(3)
(2) DeShaney v. Winnebago County Dep't of Soc. Servs., 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 2d 249 (1989).
(3) Id., 489 U.S. at 195 (internal citations parenthetical explanations omitted here for brevity).
All above quoted from page 21 of the book, "Dial 911 and Die", by Richard W. Stevens, Attorney at Law

A state generally cannot be held liable to crime victims under the Due Process Clause because the Clause does not impose a duty on the state to protect its citizens. The Court wrote:
"If the Due Process Clause does not require the State to provide its citizens with particular protective services, it follows that the State cannot be held liable under the Clause for injuries that could have been averted had it chosen to provide them. As a general matter, then, we conclude that a State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause."(5)
The DeShaney decision largely precludes citizens from claiming that they have a Constitutional right to police protection.
(5)Id., 489 U.S. at 196-197.
All above quoted from page 22-23 of the book "Dial 911 And Die" by Richard W. Stevens, Attorney At Law

States have supported in their case law the same, that the police have no obligation to protect citizens unless a special relationship has been established, e.g., witness protection program.

lakecity55's picture

"When seconds count, the police are only minutes away!"
"I carry a gun 'cause a cop's too heavy!"

alfbell's picture

Expected from Illinois. Expected from a commie traitor US Senator.

Shoot the Senator!

Drain the swamp!

MAGA!

UmbilicalMosqueSweeper's picture

She, like all other Americans, deserves a fair trial. If found guilty of treason, she must be hanged.

gespiri's picture

Fine.  Although, let it be applicable to everyone including their private security and bodyguards.

"....FROM MY COLD, DEAD HANDS!!!"

Jones Ford's picture

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John_Coltrane's picture

I believe Washington State already passed a law with the exact wording stated in this article. It was done by referendum, with out-of-state propaganda money from (((Michael Bloomberg))). Certain (((groups))) are obsessed with armed citizens using their 2d amendments rights to defend their families against criminals both in and out of .gov. We are not fooled by (((their))) agenda. From entrapment of patriots like Randy Weaver at Ruby Ridge to the false flags of the present day mass shootings we are on full alert for their underhanded tactics.

That's why my main litmus test of any politician is unequivocal support of the second amendment. By this criteria Chuck Schumer is indeed much worse than even McCain or Lindsey Grahme both of whom need to be replaced by patriots in the next Republican primary. With Trump controlling at least one more appointment to the Supreme Court in the next 4 years, (Ginzberg is nearly as sickly as Killiary and they'll have to pull a "Weekend at Bernies" to keep her propped up on the bench) any gun grabbing laws violating due process such as Washington's will be struck down on appeal. This will be Trump's most important legacy-Scalia like judges who are strict constitutionalists on the supreme court. He's already nominated one to give us a 5-4 advantage.

The Wedge's picture

Lesson? Don't live in Illinois or any other state that does this shit. At least until we run out of states that respect due process and the rule of law. Do we have any left? Relatively speaking?

CaptainMoonlight's picture

Any lawmaker who proposes laws against our Constitution should have their head placed on a stick.

Refuse-Resist's picture

Or at least forcefully relocated with their entire family to the nearest big city housing project and forced to obey the weapons laws of their particular jurisdiction, issued an EBT, assets seized, and forced to live as the poorest people do.

Let them be an example to anyone who thinks people shouldn't be allowed to own firearms for self defense.

UmbilicalMosqueSweeper's picture

The penalty for treason is hanging.

The One...'s picture

I am warming up to sharpening a stick at both ends. Sticks are free and rope costs money...  ;-)

whatisthat's picture

I would observe Illinois state senator Julie Morrison should be tried for breach of the U.S. Constitution and permanently barred from public office.

lakecity55's picture

Wow, a state senator with a lamp-post hanging kink!

 

Mimir's picture

"could have his or her firearms confiscated if a family member alleges that the person in question is an immediate threat to himself or others"

 

Any sain person can only support this. Humans have rights. Guns, none.

Refuse-Resist's picture

A human's right to Life is first and foremost. And by extension a right to protect that life from unprovoked aggression.

120lb woman vs 200 lb man bent on harm. Who wins in a straight up physical fight?

Put a gun in that woman's hand and how does that affect the outcome? At the absolute worst she's equal to the man even if he too is armed.

People who want to ban guns want to make all women completely defenseless against larger and stronger attackers.  That's just stupid.

Those people can fuck right off. And then when they get there, they can fuck off some more.

KashNCarry's picture

That same bill was passed under the same guise in Washington State.

orangegeek's picture

And the gangs run guns over state borders.

 

Amazing how the Dems want the black communities dead.

 

The Dems really are the KKK.

Refuse-Resist's picture

Eric Holder just called and said don't forget about the biggest gang of all and its Operation Fast and Furious RE: running guns over the border.

ReZn8r's picture

come and try that shit at my house Bitch Julie!

marcusfenix's picture

Yeah cause those draconian gun restrictions are working out so well in Chicago right?

So Illinois is going to double down on something that already has been a epic, spectacular, miserable failure in thier largest city and take it state wide?

On what planet is that not just outright fascist cause it's obviously not going to improve public safety. If this gets past i hope those with half a brain take the hint, pull up stakes and get the fuck out of dodge. 

Leave that whole state to rot in the hands of the idiot sheep who actually believe this is a good idea.

Vin's picture

Their hypocracy knows no bounds.

Libtards ALWAYS proclaim that the Bill of Rights is incorporated into all state consitutitions, but then seem to think that they have the authority to select which of those rights to protect.

It's all or none, azwholes.  You don;'t get to choose.

rapetrain's picture

I support this.

 

Nominate every dirty cop and SWAT stormtrooper.

 

Where is your god now?

The One...'s picture

My god comes from the barrel of my rifle. Stop over my place anytime for some of that old time religion motherfucker? I'm ready for this party!