Tuesday, July 20, 2004
By Steve Stanek
Airguns will be banned in Winnetka if a proposed ordinance passes the village council on Thursday.WILMETTE -- The Village of Wilmette may ban the sale and possession of airguns, just a few months after receiving national attention for prosecuting a homeowner who used a handgun to stop an alleged home invader who broke into his house twice in less than 24 hours.
The Wilmette Public Safety Committee has scheduled a meeting at 7 p.m. July 22 at Village Hall for public comment on a proposal to ban airguns, including air rifles, air pistols, BB guns and paint ball guns.
Democrat State Senator Jeffrey Schoenberg of nearby Evanston supports the prohibition and distributed a model airgun-ban ordinance to Wilmette and other municipalities in the area. Wilmette Police Chief George Carpenter said village staff reviewed the model ordinance and liked it.
"We took a look at it and kind of said, 'The village has always prohibited the discharge of BB guns.' We are also aware of improper uses of BB guns. The ordinance made a lot of sense to us. We're not aware of any legitimate use of BB guns here."
What do they think of this in Iowa? After the silliness, they have this:
Wilmette received national attention early this year after resident Hale DeMar shot and wounded Morio Billings, 31, a Chicago resident with a lengthy criminal record who allegedly broke into his house last Dec. 28 and again Dec. 29.
During the first break-in no one was home. Billings allegedly stole a set of house keys, car keys and a sport-utility vehicle parked at DeMar's house.
DeMar was at home with his young children the next night, when Billings allegedly broke in again. A burglar alarm went off, DeMar called 911 and then confronted Billings with a handgun -- banned by village ordinance -- and shot and wounded him. Police did not arrive until after the incident was over.
Cook County prosecutors quickly determined the shooting was justified. They did not prosecute DeMar for the shooting or for the misdemeanor of allowing his Illinois Firearm Owner's Identification card to expire while still in possession of a firearm.
However, the Village of Wilmette is going forward with its prosecution of DeMar for violating the local handgun ban ordinance. In January Wilmette charged DeMar with misdemeanors for illegally owning two handguns. He faces a fine of up to $750 if convicted.
Tim Frenzer, Wilmette's corporate counsel, said the case is on hold pending a ruling on DeMar's claim that the handgun ban ordinance is unconstitutional. Frenzer said he expects a ruling next month.
In a counterclaim filed in Cook County Circuit Court, DeMar's attorney, Robert Orman, wrote that the village and its gun-ban ordinance "punish DeMar for protecting himself and his family" and "strip DeMar of his constitutional right to privacy in the home."
The counterclaim asks the Cook County Circuit Court to dismiss the case and order Wilmette to pay DeMar's legal bills.
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