“Only the Illinois Supreme Court can declare a statue from (the legislature) unconstitutional,” Castiglione told lawmakers Tuesday. “I heard (someone) say that after 180 days our UUW (unlawful use of weapon) statute is unconstitutional. Not so.”
This is delusional. This is utterly delusional.
“After 180 days, anyone who decided, for example, to walk down Michigan Avenue in Chicago carrying an AK-15 would be subject to arrest and prosecution for violating the [Unlawful Use of Weapons Act,]” said Cook County Assistant State’s Attorney Paul Castiglione. He said the Cook County state’s attorney’s office intends to enforce the Illinois Unlawful Use of Weapons statute, which outlaws carrying guns in public, after the deadline, unless lawmakers change it or the Illinois Supreme Court finds it unconstitutional. “The lower federal courts, either the district courts or the courts of appeal, cannot tell the Illinois Supreme court how to rule or whether or not that law is constitutional. The only court that can resolve that split is the U.S. Supreme Court.”
These people are living in an alternate reality where not only does the Second Amendment not exist, but where federal courts have no power to declare state laws unconstitutional. Anyone enforcing the Unlawful Use of Weapons Act after the federal courts invalidate it would be subject to potential federal prosecution, and would be easy targets for lawsuits in federal court in regards to deprivation of civil rights under color of law. More importantly, suits under 42 USC Section 1983 don’t have to be limited to the offending officer. You can sue all the way up the chain of command, and if the order for defiance came from the Mayor’s office, you can sue Rahm too. Section 1983 also allows for suits in an official capacity or a personal capacity, meaning you can sue Rahm Emanuel, Mayor of Chicago, and you can also sue Rahm Emanuel the civil liberties abridging tyrant.
If Chicago wants this to be the tactic, bring it. I want to see more pictures of Alan Gottlieb being photographed with more six figure checks from he City of Chicago. In the mean time, sensible people will work on reforming the outdated and antiquated law.
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