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No more shooting on private land in Lake County, IL?
08-05-2016, 01:07 AM, (This post was last modified: 08-05-2016, 06:56 PM by AcilletaM.)
#1
No more shooting on private land in Lake County, IL?
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#1
On May 1st, 2015, Chapter 132, Discharge Of Firearms, of the Lake County Code of Ordinances went into effect outlawing the discharge of firearms within 300 yards of 3 or more single or multi-family structures in the unincorporated areas of Lake County. Yes, you are reading that correctly. Not the crowded downtowns of Libertyville or Highland Park but the fields of rural Lake County.

The basis of this ordinance was Illinois state statute 55 ILCS 5/5-1117.

(55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
Sec. 5-1117. Discharge of firearms.
(a) The county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury. However, such an ordinance shall not limit the right to discharge a firearm for the lawful defense of persons or property, or in the course of making a lawful arrest, when such use of force is justified under Article 7 of the Criminal Code of 2012.
(b) For the purposes of this Section, a "residential area" is any area within 300 yards of at least 3 single or multi-family residential structures.
(Source: P.A. 97-1150, eff. 1-25-13.)

If you are a resident of Lake County you probably know that there have been shootings in Waukegan, Zion, and North Chicago. You have to be surprised to find that a sizable number of residents or passersby were at the risk of injury while someone was hunting on his property, because that would be the reason to pass this ordinance according to 55 ILCS 5/5-1117.

But no, that’s not the reason. The reason is the Lake County Sheriff’s Office was receiving about 150 calls or so a year for complaints about weapons being discharged and hunting. Not because of the rash of violence seen in Chicago but essentially because of nuisance complaints. Private landowners were stripped of a right for was a noise complaint.

After legal review by the Lake County State’s Attorney’s Office, the ordinance sped through the County Board committee process. First the Law and Judicial Committee on 4/7/2015 where it passed unanimously (Moved by Carol Calabresa ®, Seconded by Mary Cunningham (D), Motion Carried By: Ayes: Audrey Nixon (D), Chuck Bartels ®, Carol Calabresa ®, Mary Cunningham (D), Sandra Hart (D), Brent Paxton ®, Tom Weber ® Nays: None). On 4/8/2015, it passed the Financial and Administrative Committee (Moved by Steve Carlson ®, Seconded by Nick Sauer ®, Motion Carried By: Ayes: Craig Taylor ®, Steve Carlson ®, Nick Sauer ®, Diane Hewitt (D), Nays: None, Absent: Steven Mandel (D), Mike Rummel ®). From there it was off to the full Board 7 days later. Yes, 7 days. No town hall meetings, no referendum, no discussion with constituents period. 7 days later the full Lake County Board approved the ordinance (Moved by Tom Weber ®, Seconded by Bill Durkin (D), Motion Carried By A Voice Vote Not Recorded In The Minutes).

If you hunted in Lake County you should be familiar with Illinois Wildlife Code (520 ILCS 5/2.33(u)), which allowed hunting while using a shotgun with shot within 100 yards of an inhabited dwelling, and similarly imposes a 100 yard restriction when hunting in a federal game preserve or on property owned and managed by IDNR (i.e. Chain of Lakes State Park and other IDNR-owned properties). This new ordinance takes precedence so you may not be able to hunt where you traditionally did in the past.

What can you do?

Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members . Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you

The basis of this ordinance was Illinois state statute 55 ILCS 5/5-1117.

(55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
Sec. 5-1117. Discharge of firearms.
(a) The county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury. However, such an ordinance shall not limit the right to discharge a firearm for the lawful defense of persons or property, or in the course of making a lawful arrest, when such use of force is justified under Article 7 of the Criminal Code of 2012.
(b) For the purposes of this Section, a "residential area" is any area within 300 yards of at least 3 single or multi-family residential structures.
(Source: P.A. 97-1150, eff. 1-25-13.)

If you are a resident of Lake County you probably know that there have been shootings in Waukegan, Zion, and North Chicago. You have to be surprised to find that a sizable number of residents or passersby were at the risk of injury while someone was hunting on his property, because that would be the reason to pass this ordinance according to 55 ILCS 5/5-1117.

But no, that’s not the reason. The reason is the Lake County Sheriff’s Office was receiving about 150 calls or so a year for complaints about weapons being discharged and hunting. Not because of the rash of violence seen in Chicago but essentially because of nuisance complaints. Private landowners were stripped of a right for was a noise complaint.

After legal review by the Lake County State’s Attorney’s Office, the ordinance sped through the County Board committee process. First the Law and Judicial Committee on 4/7/2015 where it passed unanimously (Moved by Carol Calabresa ®, Seconded by Mary Cunningham (D), Motion Carried By: Ayes: Audrey Nixon (D), Chuck Bartels ®, Carol Calabresa ®, Mary Cunningham (D), Sandra Hart (D), Brent Paxton ®, Tom Weber ® Nays: None). On 4/8/2015, it passed the Financial and Administrative Committee (Moved by Steve Carlson ®, Seconded by Nick Sauer ®, Motion Carried By: Ayes: Craig Taylor ®, Steve Carlson ®, Nick Sauer ®, Diane Hewitt (D), Nays: None, Absent: Steven Mandel (D), Mike Rummel ®). From there it was off to the full Board 7 days later. Yes, 7 days. No town hall meetings, no referendum, no discussion with constituents period. 7 days later the full Lake County Board approved the ordinance (Moved by Tom Weber ®, Seconded by Bill Durkin (D), Motion Carried By A Voice Vote Not Recorded In The Minutes).

If you hunted in Lake County you should be familiar with Illinois Wildlife Code (520 ILCS 5/2.33(u)), which allowed hunting while using a shotgun with shot within 100 yards of an inhabited dwelling, and similarly imposes a 100 yard restriction when hunting in a federal game preserve or on property owned and managed by IDNR (i.e. Chain of Lakes State Park and other IDNR-owned properties). This new ordinance takes precedence so you may not be able to hunt where you traditionally did in the past.

What can you do?

Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members . Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you
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08-05-2016, 02:22 PM, (This post was last modified: 08-05-2016, 02:22 PM by LisaJarratt.)
#2
RE: No more shooting on private land in Lake County, IL?
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Quote:Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members. Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you


Your link to the county board members does not work...
Quote:Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members. Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you

Your link to the county board members does not work...
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08-05-2016, 06:58 PM, (This post was last modified: 08-05-2016, 06:59 PM by AcilletaM.)
#3
RE: No more shooting on private land in Lake County, IL?
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Thank you, it is fixed. The period was too close. Unique to this board, luckily Facebook was fine.

(08-05-2016, 02:22 PM)LisaJarratt Wrote:
Quote:Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members . Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you


Your link to the county board members does not work...

(08-05-2016, 02:22 PM)LisaJarratt Wrote:
Quote:Contact your County Board member and politely tell them know this is unacceptable. You can find their contact information here: https://www.lakecountyil.gov/2336/County-Board-Members . Tell them that the uses of firearms for hunting, target shooting, pest control, and self-defense have traditionally and normally been among the liberties and permitted uses of property of the residents in unincorporated areas of counties and Lake County is no different. Illinois statute 55 ILCS 5/5-1117 gives counties a narrowly defined power to prohibit the discharge of firearms only when risk of injury is likely. Lake County ord. 132.01 was enacted solely for the convenience of the Sheriff’s Department and does not comply with the intent or qualification of the state law, is overly and unreasonably prohibitive, and is ill-conceived. Further, it does not reflect the letter or spirit of the Illinois Wildlife Code. Ask them to repeal ordinance 132.01, aka 15-0371.

If you are on Facebook, please share the post on the State Line Rifle Association's page, https://www.facebook.com/permalink.php?s...1155276689

Thank you


Your link to the county board members does not work...
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