Ban on Carrying a Gun within 1000 ft of Schools Struck Down in Illinois

Concealed Carry Success
Ban on Carrying a Gun within 1000 ft of Schools Struck Down in Illinois

Chicago, IL-(Ammoland.com)- In 2012 Quovadis Green was working as an armed security guard on the north side of Chicago. He was getting out of his van when Dan Svoboda, a teacher at Senn High School, saw Green outside the van that was parked across from the school in his security guard uniform with the gun on his hip.

Svoboda notified the assistant principal of Senn High School of a man in some type of uniform with a gun. Assistant Principal Carter Carey walked across the street to speak with Green. Carey asked Green if he was a police officer. Green explained that he was an armed security guard and there was no need for concern. Carey appeared satisfied with this explanation and went back to the school.

However, Svoboda was not satisfied with Green's explanation and dialed 911 to report “a man with a gun.” Officer Cannon responded to the call and observed Green in his uniform with an empty holster. Green had taken off his Glock 17 and put it in his van to alleviate the school's concern.

The police searched Green's van and recovered his 9mm pistol. Police arrested Green and charged him with possessing a loaded gun in a vehicle on a public street. He was found guilty of this charge, but the courts later overturned the conviction because the appeals court found that the law was unconstitutional in Illinois.

The court also found Green guilty of having a firearm within 1000 feet of a school. A Cook County State's Attorney Investigator determined Green had parked his van only 97 feet from the school well within the 1000-foot radius.

Even though Green did have a valid Firearm Owner's Identification Card, worked as a security guard, and did not act threateningly, he was convicted by the courts of a class 3 felony and sentenced to one-year probation. The conviction ended Green's career.

Green filed a notice of appeal on November 21, 2014. The briefing took place in May of 2017. The courts held oral arguments in November of 2017. During which the court suggested and all parties agreed to wait until the People v. Chairez court case was resolved due to the potential impact on Green's case.

The Chairez case was similar to the Green case but involved a public park instead of a school. On February 1, 2018, the Illinois State Supreme Court ruled that the 1000 feet law was unconstitutional. Due to the ruling, the courts requested supplemental briefings from both parties involved in the Green case.

In the new briefing, the state contended that the law was different than the law in the Chairez case. They argued that the law in the Green case was necessary to protect children and prevent crime. The state seemed to try to play on the emotions of the court.

Green's legal defense argued that the Chairez case was nearly identical and therefore should have a direct effect on his charge. On June 14th the appeals court agreed with Green and overturned the conviction.

Maj Toure, President of the “Black Guns Matter” group that helps train people in underserved areas such as Philadelphia and Chicago in responsible firearms ownership as well as provide some legal help for gun owners, applauded the court's decision.

“I think they did the right thing,” Toure told AmmoLand. “I applaud the courts for recognizing individual justice and not thinking like robots. It clearly was a violation [of the constitution]. I applaud their decision in respecting individual freedoms. I hope Green sues everyone involved for violating his human and constitutional rights.”

Green lost his job as a security guard as well as losing his rights to vote and to own firearms in the time frame that he was considered a felon. It is unclear if Green plans to take civil action against the state for violating his rights.

AmmoLand's request for comments from the States Attorney's Office was not returned at the time of publication.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on the history of the patriot movement and can be followed on Twitter at @crumpyss or at www.crumpy.com.

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QuoVadis GreenEric SPersonal RecogBrickDrake_Burrwood Recent comment authors
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Eric S
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Eric S

That’s just about one of the dumbest application of the law as I’ve ever heard as it pertains to this Gun-free zone bullshit. Asinine and absolutely moronic. And I hope Mr. Green gets his rights reinstated and the perpetrators of this gross injustice be made to pay for their misguided zeal. What a travesty of justice. At the very least, Mr. Green should sue to have his name cleared of a felony. What a waste of tax dollars.

QuoVadis Green
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QuoVadis Green

I need a lawyer willing to take on case in you know please let me know I do want to sue

Personal Recog
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Personal Recog

Sue the state and school district

Brick
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Brick

So the blue state reps don’t actually want to keep schools all that safe. I CC and would never set foot near a school unless an event that required immediate action was happening.

Drake_Burrwood
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Drake_Burrwood

This is good news for a great many persons.

tomcat
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tomcat

Look at who is running the filthy city of chitown, an obama partner and holdover. Boot his butt out and then you have to deal with the rest of the corruption. So. on second thought, leave him there so he isn’t destroying any other area of the country. He and his brother are both bad news.

Tionico
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Tionico

While it is not crystal clear from this article, it would seem that the defendant in all this insanity was, as his lawful employment, providing armed security to some private property owner located within the thousand foot magic circle in which schools and parks exist. Thus not only were the rights of the defendant abrogated, but se were the rigths of the entity desiring his services for security. So, do the State of Illiinois hold that no one within that circle can be protected except by the Only Ones? But SCOTUS have deemed that coppers are under NO obligation to… Read more »

BILL
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BILL

He freaking better file charges against that POS Svoboda. What a POS amo g many. I can just see the little slimy worm, the principal goes and talks with Greene, sees he is an armed professional with a job to do, uses common sense and goes back to his own job. Svoboda though, watching nervously from behind a locked door somewhere, chewing his fingernails due to the mere sight of a gun says F this, we have to have this man arrested and SAVE THESE CHILDREN!!! Calls the boys in blue, you know, those guys they use to abuse us… Read more »

Mott
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Mott

“Svoboda”….Snowflake!!!!

“Police arrested Green and charged him with possessing a loaded gun in a vehicle on a public street. He was found guilty of this charge”…So how was he to get to work? FLY? Somepeople (and laws” are so stupid they are hard to understand!

Missouri Born
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Missouri Born

Teacher Dan Svoboda should be fired for not listening to the asst. principal and going over his head for calling 911.
He acted like a communist snowflake as did the court in the first hearing along with the cops who arrested Green.
What is horrible is it took six years to resolve this and Green rights were taken as was his job.

Wild Bill
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Wild Bill

@MB, Yeah, six years that Svoboda had a nice life, after have causing six years of grief to another person. Talk about misusing the CJ system. It would be poetic justice for the teachers’ pension fund to be broke so that Sloboda could work the rest of his miserable gutless life.

Dr. Strangelove
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Dr. Strangelove

Good luck filing a civil claim against the People’s Republik of Illinois. They are so broke they can’t even pay off the lottery winners.