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A possible abuse of police power? - My Web Times

A possible abuse of police power?

11/05/2009, 12:21 am  
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Fred Krause, sports@mywebtimes.com, 815-433-2005

This is the case of a Peoria man who had been sentenced to 2 1/2 years in prison for carrying two unloaded handguns in his vehicle"s storage compartment.

It has taken me at least three weeks to sort out why this individual, Michael Diggins, was charged with aggravated unlawful use of weapons, a Class IV felony, just for having them in a vehicle";s storage compartment.

Normally, an individual in this situation is charged with a violation called "uncased gun," with a resulting fine of between $75 and $100. The charge is a Class C misdemeanor. I really couldn"t report on this until I had a little more information about the resulting felony charge. This man Diggins received a larger prison sentence in two lower courts than most convicted drug dealers or sex abusers who are repeat offenders.

Last week I spoke with Richard Pearson, president of the Illinois State Rifle Association, to try to sort this thing out. The association provided legal assistance in the Diggins case, and it went all the way to the Illinois Supreme Court. The court ruled that firearm owners can carry unloaded weapons in consoles and other storage boxes built into their vehicles. These enclosures are now defined as cases.

This ruling still didn"t answer my question as to why Diggins was charged with such a serious crime for two uncased handguns. Pearson"s answer was: law enforcements officer can charge individuals any way they see fit. If the officer is a gun control advocate, he can make things really bad for a gun owner even with the slightest violation. Pearson said its their way of making things more uncomfortable for gun owners.

I would have to agree with Pearson. The more laws pertaining to firearms that are placed on the books only create hysteria and do nothing to prevent crime. It also causes many folks to give up hunting, competitive shooting and even owning for self -protection in the home. Sangamon County Sheriff Neil Williamson, was quoted as saying the Supreme Court ruling won"t make much difference to law enforcement officers. They are trained to constantly be thinking of the possibility of a gun in a car.

While I would agree with Williamson on that statement, I feel that officers — not under any threats — confronting an individual with a legal foid card could make a sound judgment call. That is if they do not have any biases.

I don"t know if the arresting officers had a personal vendetta against Diggins or if he had some form of a rap sheet. The fact that he had a valid FOID card usually means an individual has no felony records. No one yet has told me all of the facts. One fact remains, though, and that is many folks are scared to death of losing their second amendment rights, and the country becoming a police state. Right now the legitimate firearm owner has less rights than the criminal, and that"s really a crime.



Possible fee increases

  • Just received word from the Illinois Department of Natural Resources that Senate Bill 1846 has been sent to the governor"s office for his signature. It includes the following fee increases: state waterfowl stamp from $10 to $15; firearm deer permit from $15 to $25; hunting license from $7 to $12; fishing license from $12.50 to $14.50' combination (hunting and fishing) from $18.50 to $25.50.

Admission fees for state park use also are being discussed. This would include folks who do not hunt or fish. The park fees were tried back in the 1950s and were deemed unconstitutional and had to be removed. During that time there were booths set up at park entrances and you paid a daily fee or you purchased a yearly sticker.

Fishing report

  • River systems are still high, and there is more rain coming. Some anglers did take some drum, white bass and a few small sauger near the Marseilles Dam last week. Live bait is the only way to go in this heavily-stained water.

Hunting report

  • The 2009 waterfowl season opened in the central zone over the weekend. Temperatures dropped, the wind picked up, but the ducks and geese kept coming. It really took some guts to venture out on the Illinois River opening day. Northwest wind created waves up to three feet high. The heavy current had us chasing decoys downstream after they broke loose and drifted out into deep water.

The Labrador worked diligently as he fought the heavy current retrieving some really big Canada geese. He also found one of our mallards that fell into really heavy cover.

It was a rough morning but we were up to the challenge. After all, it was opening day.

  • FRED KRAUSEof Marseilles can be reached by e-mailing sports@mywebtimes.com. His Outdoors column is in The Times every Thursday.






 
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