Thursday, June 3, 2010

That’s gotta hurt.

I can almost see the steam pouring out of Daley’s ears like in one of the old Looney Tunes.

Another Chicago resident has defended himself with a handgun.

This time it happened after police were chasing Aaron Marshall, 26 for fleeing on foot after a traffic stop where narcotics were dropped. Marshall ran and selected a house to break into and possibly hide. Marshall apparently picked the wrong home in the 300 block of North Pine to invade. An unidentified home owner shot Marshall after he’d broken through a window of that house.
The gun shot wasn’t fatal and the bad guy was taken to the hospital for treatment.

It may be that it’s not that Daley doesn’t want to have him charged but he can’t at least with any expectation of a conviction. Illinois law considers self-defense an affirmative defense to a gun ordinace if the self-defense occurs on the individual’s land, abode, or fixed place of business.
ILLINOIS LAW:

(720 ILCS 5/24-10)

Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.

(Source: P.A. 93-1048, eff. 11-16-04.)
That's gotta hurt.

H/T to David.

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