County Board Members can Cary a gun in the County Building with permission of the chief security officer.

County Board Members can Cary a gun in the County Building with permission of the chief security officer.

 

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There has been discussion of concealed carry in public buildings in Will County since Steve Balich brought forward a resolution he wrote days before the Orlando murders in June to the legislative committee meeting on the Tuesday after that horrid event.

Since presenting the Resolution a more compelling statute was noted by an Attorney Friend of Balich, Ed Ronkowski. Ed wrote:

As you know, if the Illinois Concealed Carry laws prohibit an Illinois Concealed Carry licensee from knowingly carrying a firearm on or into any building or portion of a building under the control of a unit of local government. As you also know, Illinois Criminal Code prohibits a person to possess on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm.

The law that applies to County Board members came about in the early 1970’s. Back then a DePaul law student who had an Indiana Concealed Carry license and an Illinois Firearm Owners Identification Card signed a lease and was living at the DePaul University uptown campus on Clifton Ave. while going to law school. One day Chicago Police Officer moonlighting as a security guard mention to the law student that he let the janitor in the law student’s room to check for a leak. The law student told the security guard that he should not do that without him present because he keeps his .380 Belgium Browning Semiautomatic there (it was registered with the City of Chicago). The guard said that was not allowed. The law student said he had asked his Property Law professor if his DePaul lease allowed him to possess a firearm in his dorm room, and was told “yes”. At the end of the school year the law student moved back home to the suburbs and the University got a law passed the next year that eventually morphed into the current law which says:

“Sec. 21-6. Unauthorized Possession or Storage of Weapons.

(a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonable request for permission under paragraph (a).”

(720 ILCS 5/21-6)

So one does not need a resolution for a County Board Member who has a fixed place of business, the County Building at 302 N. Chicago St., Joliet to possess a firearm on or about their person while at their own fixed place of business. Nor do they need a concealed carry license. Any County Board member who has a FOID license can possess a firearm while at their fixed place of business if they get permission of the chief of security of that property if that fixed place of business is supported with public funds. Of course, those County Board members who get a paycheck to work there who have Illinois Concealed Carry licenses can transport their loaded firearm to their own fixed place of business on their person. All the County Board members need do is find out who the “chief security officer” is for the County Building and get permission. And “chief security officer must grant any reasonable request for permission”.

 

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6) 
    Sec. 21-6. Unauthorized Possession or Storage of Weapons. 
    (a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor. 
    (b) The chief security officer must grant any reasonable request for permission under paragraph (a). 
(Source: P.A. 89-685, eff. 6-1-97.)

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me Dec 2014

The original Resolution presented by Steve Balich at the Will County Legislative Committee in June:

Where as: There are terrorist attacks happening by the week, County Board/Forest Preserve elected officials are taking votes on issues;

Where as: Some armed security should be present, but it’s unfair to the taxpayer, to pay for sufficient armed security officers at meetings while numerous Will County Board Members/Commissioners have the proper license to carry concealed;

Where as: It’s not the licensed, law-abiding, trusted elected County Board Member/Commissioner  we need to worry about;

Where as:  An exception to Illinois’ weapons ban was carved out for elected or appointed municipal officials in 1872, enabling elected officials to carry firearms, make arrests, interview suspects, and even hold them in custody.

Where as: Public Act 90-0540 and (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)

Sec. 3.1-15-25 allow for An Conservator of Peace Designation;

Where as: (60 ILCS 1/100-10) allows for a Township Enforcement Officer appointed by the Township;

Where as: Allowing Elected Will County Board Members/ Forest Preserve Commissioners  with current concealed carry permits the ability to help in securing the safety of everyone at no cost to the taxpayer;

Therefore:  We Do Resolve: Properly licensed Will County Board Members/Forest Preserve Commissioners should be allowed to exercise their right to carry concealed firearms in the County /Froest Preserve properties either by Resolution or Ordinance.

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Statutes backing up original Resolution:

‘Conservator of the peace’

The Conservator of the Peace title is still used in the USA. For example, in Virginia, Special Conservators of the Peace have all the powers of a peace officer or law enforcement and are authorized to perform arrests, carry firearms as part of their duties, direct traffic, use a police logo on their uniform and utilize police style lights on their vehicles. They operate on public property such as court houses, parks and open spaces, housing developments, etc

The Illinois’ weapons ban was carved out for elected or appointed municipal officials in 1872, enabling them to carry firearms, make arrests and interview suspects, and even hold them in custody.

While state law does not offer an exact definition of the term, it generally refers to an official whose primary employment is not as a police officer.

(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)

    Sec. 3.1-15-25.  Conservators of the  peace;  service  of

warrants.

    (a)  After  receiving  a  certificate  attesting  to  the

successful  completion  of  a training course administered by

the Illinois Law Enforcement Training  Standards  Board,  the

mayor,   aldermen,   president,   trustees,  marshal,  deputy

marshals,  and   policemen   in   municipalities   shall   be

conservators   of   the  peace.   Those  persons  and  others

authorized by ordinance shall have power  (i)  to  arrest  or

cause  to  be  arrested, with or without process, all persons

who break the peace or  are  found  violating  any  municipal

ordinance  or  any  criminal law of the State, (ii) to commit

arrested persons for  examination,  (iii)  if  necessary,  to

detain  arrested  persons  in custody over night or Sunday in

any safe place or until they can be brought before the proper

court, and (iv) to exercise all other powers as  conservators

of the peace prescribed by the corporate authorities.

(b)  All   warrants   for   the  violation  of  municipal

ordinances or the State criminal law, directed to any person,

may  be  served  and  executed  within  the   limits   of   a

municipality by any policeman or marshal of the municipality.

For  that purpose, policemen and marshals have all the common

law and statutory powers of sheriffs.

(Source: P.A. 87-1119.)

 

Public Act 90-0540

(70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)

Sec.  4-7.   Employees;  police  force.  The board of any

park district may employ  engineers,  attorneys,  clerks  and

other   employees,  including  a  police  force,  as  may  be

required, and  may  define  and  prescribe  their  respective

duties  and  compensation.    After  receiving  a certificate

attesting to the successful completion of a  training  course

administered   by   the  Illinois  Law  Enforcement  Training

Standards Board, the members of the  board  and  all  police

officers  appointed by the board shall be conservators of the

peace within and upon the parks, boulevards,  driveways,  and

property  controlled  by  that  park district, and shall have

power to make arrests subject to the provisions of  the  Park

District Police Act. The exercise of such authority shall not

permit  the  possession  or use of firearms by members of the

board. (Members of the Board must have the certificate to Carry)

(Source: P.A. 89-458, eff. 5-24-96.)

 

 

Township constable/Enforcement Officer  is an appointed position

(60 ILCS 1/100-10)

Sec. 100-10. Township enforcement officer.

(a) The township board may appoint one or more township enforcement officers to serve for a term of one year and may remove an officer with or without cause. Every person appointed to the office of township enforcement officer, before entering on the duties of the office and within 10 days after being notified of the appointment, shall cause to be filed in the office of the township clerk a notice signifying his or her acceptance of the office. A neglect to cause the notice to be filed shall be deemed a refusal to serve.

(b) The sheriff of the county in which the township is situated may disapprove any such appointment within 30 days after the notice is filed. The disapproval precludes that person from serving as a township enforcement officer, and the township board may appoint another person to that position subject to approval by the sheriff.

(c) Every person appointed to the office of township enforcement officer, before entering upon the duties of the office, shall execute, with sufficient sureties to be approved by the supervisor or clerk of the township, an instrument in writing by which the township enforcement officer and his or her sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto all sums of money as the township enforcement officer may become liable to pay on account of any neglect or default of the township enforcement officer or on account of any misfeasance of the township enforcement officer in the discharge of, or failure to faithfully perform, any of the duties of the office.

    (d) The township enforcement officers shall have the same power and authority within the township as a deputy sheriff but only for the purpose of enforcing township ordinances. Notwithstanding any other provisions of this Section, township enforcement officers are authorized to enforce county ordinances within areas of a county located within the township pursuant to intergovernmental agreements between the respective county and township to the extent authorized by the agreement. The township enforcement officer shall not carry firearms and will not be required to comply with the Peace Officer and Probation Officer Firearm Training Act. The officer shall attend law enforcement training classes conducted by the Illinois Law Enforcement Training Standards Board. The township board shall appropriate all necessary monies for the training.

(d-5) (1) Except as provided in paragraph (2) of this subsection, in all actions for the violation of any township ordinance, township enforcement officers shall be authorized to issue and to serve upon any person who the township enforcement officer has reasonable grounds to believe is guilty of a violation of a township ordinance a notice of violation that shall constitute a summons and complaint. A copy of such notice of violation shall be forwarded to the circuit court having jurisdiction over the township where the violation is alleged to have been committed. Every person who has been issued a summons shall appear for trial, and the action shall be prosecuted in the corporate name of the township. Enforcement of county ordinances shall be in accordance with procedures adopted by the county and any applicable State law.

(2) In all actions for violation of any township ordinance when the fine would not be in excess of $500 and no jail term could be imposed, service of summons may be made by the township clerk by certified mail, return receipt requested, whether service is to be within or without the State.

(e) The township enforcement officers shall carry identification documents provided by the township board identifying him or her as a township enforcement officer. The officers shall notify the township clerk of any violations of township ordinances.

(f) Nothing in this Code precludes a county auxiliary deputy or deputy sheriff, or a municipal policeman or auxiliary police officer from serving as a township enforcement officer during off-duty hours.

(g) The township board may provide compensation for the township enforcement officer on either a per diem or a salary basis.

 

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