Boilermaker Rick wrote:
Juice's Lecture Notes wrote:
Boilermaker Rick wrote:
Juice's Lecture Notes wrote:
Imagine telling George Washington that he has to perform a background check on the friend he wants to give a gun to, and can go to jail for not doing it.
Imagine telling him that if he sold his house that he would have to pay taxes to the government for it.
So, just to be clear, you think anyone should be able to give anyone else a gun legally? So, if you own a gun right now, you should be able to give it to a guy that just got out of prison for armed robbery.
Rick, the law already incentivizes being cautious about to whom you loan or gift weapons, in a variety of ways, without restricting my domain over property I ostensibly own. If I know or should know that dude is going to commit another armed robbery and I arm him, I have aided and abetted his crime (or entered into a conspiracy to commit a violent crime), making me criminally liable for his actions. If I know or should know that he is liable to be violent with the gun in general, and he goes off and kills someone, I can be found civilly liable for the destruction he causes (probably). On top of ALLLL of that, there is that big old law that makes his possession of a gun illegal, no matter how it is procured, and none of it requires a redefinition of "personal property".
Your domain over your property is restricted in many ways already. Now, to avoid you saying "slippery slope" this is simply to refute your idea that you have some sort of global right to do what you want with what you own. This has not been the case for hundreds of years here. If it were, then property taxes, estate taxes, local ordinances on what you can and can't do on your property, and even many illegal actions would be null and void. This seems to be a fairly common theme among many of your arguments. You attempt to start it from a rationale that just doesn't exist. I'll give you a good example. If I buy a 6 pack of beer I am not allowed to give or sell it to a 14 year old. Technically, I would need to check their government issued identification(background check). Does that redefine that the beer is not actually my "personal property"? Of course not. It's just part of the procedure of living in a land that restricts the transfer of certain goods and services without going through the proper channels that a business would have to.
Wait, who's premise doesn't exist?
Quote:
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Transfer, possession, and consumption of alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.
(d) No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section.
(e) The consumption of alcoholic liquor by any person under 21 years of age is forbidden.
(f) Whoever violates any provisions of this Section shall be guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this Act.
(h) The provisions of this Act prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who:
(1) tastes, but does not imbibe, alcoholic liquor
only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);
(2) is enrolled as a student in a college,
university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association, or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012;
(3) is participating in a culinary arts, fermentation
science, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and
(4) tastes, but does not imbibe, alcoholic liquor for
instructional purposes up to, but not exceeding, 6 times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.
(i) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(1) The law enforcement officer has contact with the
person because that person either:
(A) requested emergency medical assistance for an
individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; or
(B) acted in concert with another person who
requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; however, the provisions of this subparagraph (B) shall not apply to more than 3 persons acting in concert for any one occurrence.
(2) The person described in subparagraph (A) or (B)
of paragraph (1) of this subsection (i):
(A) provided his or her full name and any other
relevant information requested by the law enforcement officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance personnel arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(j) A person who meets the criteria of paragraphs (1) and (2) of subsection (i) of this Section shall be immune from criminal liability for an offense under subsection (d) or (e) of this Section.
(k) A person may not initiate an action against a law enforcement officer based on the officer's compliance or failure to comply with subsection (i) of this Section, except for willful or wanton misconduct.
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
This seems to place the burden on the minor. And before you go nuts, subsection (b) is referring to the
sale of liquor by a licensed store owner or his/her agents.
Now Rick, you'd be smart to argue in return that "contributing to the delinquency of a minor" places a de facto restriction on my ability to give a beer to an adolescent. My reply would be that the act of handing a beer to a minor is not unlawful, but encouraging them to drink and imbibe it, knowing they are a minor, is the unlawful act,
not handing a piece of my property to another.