Bill would cancel ban on gun used in self-defense

January 29, 2004

Arguing that a Wilmette man had a right to shoot an intruder in his home -- regardless of a local ban on handguns -- a state representative is proposing legislation that would override such bans when guns are used in self-defense.

People in Illinois should be able to defend their person and their property, said Rep. John Bradley (D-Marion), who filed the legislation this week.

"This affirmative defense would allow them to do that," he said.

Bradley said authorities are wrong in prosecuting Hale DeMar for violating Wilmette's handgun ban and for failing to renew an Illinois firearm owner's identification card. The U.S. Constitution guarantees the right to bear arms, Bradley said.

DeMar made headlines when he shot a burglar. The Cook County state's attorney's office declined to charge DeMar for the shooting after determining he acted in self-defense. But he was charged with the other violations.

In a letter published in Chicago newspapers, an unrepentant DeMar said he served his ''civic duty'' when he shot the burglar.

''What is one to do when a criminal proceeds, undeterred by a 90-pound German shepherd, a security alarm system and a property lit up like an outdoor stadium?'' he wrote.

Bradley agreed, saying ''law-abiding'' citizens should not be prosecuted if they use a gun in self-defense.

But Chris Boyster of the Illinois Council Against Handgun Violence disputed Bradley's contention, saying DeMar did not have the right under the ordinance to keep a handgun in his house.

''He was not a law-abiding citizen,'' Boyster said. ''He had a handgun, there was a handgun ban, he broke the law.''

AP