Judge Rules Against Man Who Defended His Home
(CNSNews.com) - A Cook County Judge on Friday ruled against a Wilmette man who was arrested after shooting and wounding a home invader in late 2003.
The homeowner, Hale DeMar, was arrested on charges of violating Wilmette's ban on handgun ownership, prompting a backlash against local ordinances that prevent individuals from possessing guns to defend their own homes. DeMar was fined $750 for possessing two handguns.
DeMar went to court, arguing that the charges against him should be dismissed because they violated his 14th Amendment (equal protection) rights.
But on Friday, Judge Thaddeus Machnik rejected DeMar's effort to have the Wilmette ordinance declared unconstitutional.
"In penning his decision in the DeMar case, Judge Machnik demonstrated that the courts continue to cling to their cockeyed interpretation of the 2nd Amendment," said ISRA Richard Pearson, executive director of the Illinois State Rifle Association. "This is pretty much what we expected out of Judge Machnik."
Pearson said the ISRA will now redouble its efforts to pass firearm preemption legislation -- "so that municipalities are no longer free to bully citizens who wish only to protect their homes and families from predatory criminals."
Following DeMar's arrest last year, the Illinois General Assembly passed a homeowner protection bill, which Illinois Gov. Rod Blagojevich, a staunch supporter of gun control, later vetoed.
The bill is now awaiting an override vote, which will happen when the General Assembly convenes its veto session this November.
The man who broke into DeMar's home -- twice -- pleaded guilty to burglary and is now serving a seven-year prison term, press reports said.
