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Freedom Action of the Week
Email List Archive
Free-Market.Net's F r e e d o m A c t i o n o f t h e W e e k
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Edited by Thomas L. Knapp. To subscribe or unsubscribe to this and
other lists, click to: http://www.free-market.net/features/lists/
----- Featured Action of the Week -----
Second Week of August, 2001
Lock and Load for Concealed Carry
BREAKING NEWS: This week's action is not only late, it is somewhat
superfluous. I'm running it as is (with the exception of this disclaimer)
so that you know why it was late and what we had in store for you.
John Horstman is a free man now. The charges, described below, have been
dropped. The prosecutor has held a press conference, in which he indicated
that he would not arrest anyone else on these bogus charges, but that he
wants the legislature to close the "loophole" that actually allows people
to exercise their rights.
We won! Many of you heard about this situation and acted before I could
have let you know about it. Action of the Week was running late because we
were planning the activities described in the column; then it ran later
when victory caught us right in the middle of doing so. Concealed, Carry,
Inc., gun activists from around the U.S., and free-marketeers like
yourself, faced down a bad prosecutor and made him blink. And we'll be
prepared to do even more, even faster, next time.
I still encourage you to take as many of the actions -- modified for the
circumstances -- as you'd like, but the rally described is off. Remember
this: it's cancelled. We won. It would have been a great event, but now it
isn't necessary.
But go ahead and write those letters. John Horstman still deserves our
support and thanks, State's Attorney Birkett still needs to know he's being
watched, and the DOJ and Illinois Attorney General should still be called
on to look into this thing.
And now, we return to our previously scheduled Action of the Week:
Every once in awhile, the state hands us an opportunity, in the form of a
particularly outrageous action. Such is the case in DuPage County,
Illinois, and I propose that we make the most of it. As a matter of fact, I
want to start redefining what "Action of the Week" is all about. The column
is one year old this month, and it's time we took the next step. With the
help of our partner organizations -- this week, Concealed Carry, Inc.
(http://www.concealcarry.org/) is to be particularly thanked for all their
great work -- we'll start making even bigger things happen.
I'll continue to offer the usual panoply of "armchair opportunities:"
things you can do from the comfort of your home, or at least requiring no
more effort than a brisk walk to the mailbox or drive to your local
library. But I'm going to start throwing in ways of actually taking our
message to the streets as well.
On July 25th, Illinois resident John Horstman decided to ride his bicycle.
He also decided to carry his gun, but he wanted to do so legally. So, in
compliance with Illinois law, he carried it unloaded, stored in a fanny
pack, along with his "Firearms Owner ID Card."
We could say that Mr. Horstman is an unlucky man, or we could say that
DuPage County's prosecutors either don't know, or refuse to follow, the
law. We are probably safe in assuming both.
While Mr. Horstman biked to his heart's content, the county Sheriff began
to receive complaints: someone was wandering around, exposing his genitalia
to passersby, on the same trail that Horstman was on. Horstman was stopped
by deputies -- despite the fact that the reported flasher was on foot, and
that Horstman, a full-bearded man, didn't look anything like the
clean-shaven suspect -- and quickly found himself in jail.
Yes, jail. Horstman was charged with "Unlawful Use of a Weapon," a felony
under Illinois law, even though his mode of carry was clearly within the
guidelines set by that law. Mr. Horstman had the misfortune to be stopped
in a county whose State's Attorney, one Joseph E. Birkett, had previously
joined with two other State's Attorneys to publicly announce that they
will flout the law and prosecute anyone carrying a weapon in a fanny pack.
It gets worse ... but then, it always does, doesn't it? Horstman, who has
no criminal record, is gainfully employed and represents no flight risk,
was hit up for $250,000 in bond. This was after being strip-searched and
forced into prison clothing, of course. The bail was set at this amount
based primarily on the unsubstantiated connection of his arrest with the
presence of a flasher in the area. The prosecutor neglected to mention that
Horstman didn't match the description of the flasher, and wasn't regarded
as a suspect in the exposure case. The unconnected fact of his arrest being
related to the other case was simply hung out as a nice spoiler for any
attempt to procure reasonable bail.
Horstman is to be arraigned on August 20th. Be there, if you can (details
below). Even if you can't, help improve the chance that these bogus charges
will be thrown out immediately. I'd like to see Horstman's liberty and
property restored, and Mr. Birkett charged with the violation of Horstman's
civil rights under color of law and put in jail where he belongs --
preferably with a much higher bond than he managed to attach to Horstman.
Birkett is obviously a threat to the public safety in a way that Horstman
never could contemplate being.
Here's what you can do:
First and foremost, Mr. Horstman needs to know that he has friends on his
side. Drop him an email at JSHorstman@aol.com and let him know that you are
one among many who will not rest while he continues to be victimized.
Secondly, let State's Attorney Birkett know that you're onto him, that you
won't forget, and that even if he gets away this time, he can look forward
to a lifetime of waiting for the other shoe to drop. There is no statute of
limitations applicable to crimes against humanity. You can tell him so at
stsattn@dupageco.org.
If you can help with a donation to the defense fund, mail a check (sorry,
it isn't tax deductible) to:
Concealed Carry, Inc. Defense Fund
PO Box 4597
Oak Brook, IL 60523-2708
Finally, drop a line to Jim Ryan, the state's Attorney General (via the
form at http://www.ag.state.il.us/abouttheoffice/ag_email.htm), and to the
U.S. Department of Justice, attn: Attorney General John Ashcroft and/or
Criminal Division (email AskDOJ@usdoj.gov). This letter should assert the
facts of the case (see links for info) and request an investigation,
referral to the U.S. Attorney for Eastern Illinois, and prosecution of
State's Attorney Birkett under USC Title 18, Sections 241 and 242.
And now, the extra mile you can walk: John Horstman's arraignment is
scheduled for 1:30 p.m at the DuPage County Judicial Center in Wheaton,
Illinois. A rally in his support will be held at the same time. Activists
are encouraged to attend -- wearing fanny packs, of course. Afterward,
there should be an opportunity to meet Mr. Horstman and offer him thanks
and encouragement.
I'm going to make every effort to attend this rally myself, and I have no
doubt that you'll see other free-marketeers there as well. As a matter of
fact, Free-Market.Net is committed to supporting the rally in every way
possible, and we'd like your help. It's time to put a stop to this
nonsense, to secure the rights of gun owners against infringement by any
random bureaucrat who refuses to honor either the law or his oath to it.
If you want to let Free-Market.Net know you're coming, or need information
that the links below don't contain, drop a line to
LucyKropotkin@free-market.net. We'll make an effort to keep free-marketeers
informed of any new developments. You may receive a supplemental mailing
between now and the 20th with the most up-to-date information. I'll try not
to make a habit of that; Action of the Week will remain a weekly list, just
as described when you joined it.
Information on the rally (time, location, details):
http://www.concealcarry.org/horstmanrally.htm
Subscribe to the rally discussion to find a couch to crash on, hook up with
friends, etc.:
horstman-subcribe@yahoogroups.com
We've located a KOA campground in the area for you outdoors types:
http://www.koa.com/where/il/13124.htm
Or, if you are looking for a hotel instead, see the directory at:
http://www.shopdupage.com/hotels.cfm?HTML=Y
LEGAL INFORMATION:
Concealed Carry, Inc., has a page on the Illinois law under which fanny pack
carry is legal at:
http://www.concealcarry.org/carrylegal.htm
... and federal law clearly states the penalties for Birkett's attack on gun
owners:
http://www4.law.cornell.edu/uscode/18/241.html
http://www4.law.cornell.edu/uscode/18/241.html
See you in Wheaton!
----- Alternate Actions -----
The Freedom Action of the Week Club: Commit yourself to doing one
action per week. If the action above doesn't appeal to you, consider
one of the alternate actions at:
http://www.free-market.net/features/action/
If you know about another action or organize one of your own, e-mail
Tom at tlknapp@free-market.net so we can tell the rest of the group
next week.
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