Thursday, September 14, 2017

Lakeview Uber Driver Busted With Guns, Ammo, And Pot, Cops Say

An Uber driver who strayed across a center line in Lakeview was found to be carrying two guns, 59 rounds of ammunition—including a fully-loaded 31-round magazine—and pot, police say.

Taylor
25-year-old South Holland resident Maurice Taylor crossed the center line in the 600 block of West Diversey around 1:45 a.m. last Thursday, police said.

Officers who curbed Taylor detected the smell of marijuana coming from his car and saw a “green leafy substance” on his clothing, prosecutors said.

Asked if he had any firearms in his car, Taylor answered, “Yes, in my crotch,” police said. “And the other one’s in the center console.” He also told police that he was driving for Uber.

As officers pulled a fully-loaded .357 revolver from Taylor’s waistband, a zip lock bag containing suspect cannabis fell to the ground, police said. Prosecutors said police also recovered a 9-millimeter handgun loaded with 15 live rounds; a digital scale; 200 small clear blue zip lock bags and a loaded 31-round magazine.

Taylor possessed a valid concealed carry licensed but did not have a firearms owner identification card, police said.

He’s charged with felony possession of a weapon in violation of the narcotics act; possessing a firearm without a valid FOID card; violating the concealed carry law; manufacture-delivery of cannabis; possession of drug paraphernalia; possessing a high capacity magazine; and possession of ammunition without a valid FOID card. He is free on $50,000 bond.

An Uber spokesperson did not respond to a request for comment.
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39 comments:

  1. Sounds like he's in some trouble but a FOID isn't required if you can produce a valid CCL. I hope the cops involved learn that so others aren't wrongfully arrested.

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    1. Yeah --- that whole FOID card stuff stinks -- once you have your CCW.

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    2. What is Chicago's definition of 'high capacity magazine'?

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    3. He was smoking pot and carrying a gun. Carrying a gun I would think requires a clear mind.

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    4. Jon overall your correct that a ccw Trumps a foid card in ill. But in the city of Chicago I believe the laws maybe slightly different.

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    5. Chapter 8-20-010 of the Chicago Municipal Code defines "high capacity magazine" as having "an overall capacity of more than 15 rounds of ammunition." But the ordinance construction and precise wording is quite confusing. (The city attorneys and/or other staff responsible for drafting the ordinance have very little firearms knowledge, especially of a technical nature. The council members, with a few exceptions, are similarly ignorant.) Bear in mind that criminal prosecutions are usually handled by the Cook County State's Attorney's Office. So a violation of the county's 10-round magazine capacity limit could result in your being charged. As such, I recommend keeping a 10-round max. magazine in your home defense or carry gun. There's no municipal, county, state or federal limit on the number of magazines you can possess or carry. BTW, you can have "high capacity" mags at a range, since it's private property. But be careful when you're transporting to and from. If you get stopped by a LE officer, I recommend not consenting to any vehicle search. If you're a novice gun owner, I urge you to get the finest education and training possible! Unfortunately, the vast majority of instructors are morons.

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    6. Anon@7:08am. State law trumps city law. The CC statute revoked home rule power in regards to firearms and concealed carry. Legally, City laws that weren't passed during a very short "grace period" were nullified by state law.

      Anon@6:47am. Was he smoking pot? The story doesn't actually say that. Now, he may be charged with various crimes related to possession of pot but all the stuff about not having a FOID card will be tossed in short order. The state's CC statutes explicitly state that one does NOT need a FOID card in their possession if they have the CC license in their possession. Further, the State's CC statute nullifies previous city laws in regards to magazine capacity.

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    7. I carry them both, just to make stupid people happy. You can't argue with stupidity, at the end you lose. It really is not that difficult carry one more card.

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    8. I live out of state and have read the state law and know I can, per IL state law, drive all around IL having a concealed firearm in the car as I have a concealed permit in my home state. Of course I will not be driving around with any amounts of pot on me. The thing is that I think CPD might just confiscate the firearm anyway and bogus charge anyway (just like they did here with the bogus FOId charge. Did they not also bogus charge w the high capacity charge (state has preempted those)?).

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    9. I live out of state and have read the state law and know I can, per IL state law, drive all around IL having a concealed firearm in the car as I have a concealed permit in my home state.
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      Good luck with that, Chester.

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    10. Below is the text of the Illinois law that authorizes out of state concealed carriers to drive in Illinois with a firearm in the vehicle:
      430 ILCS 66/40
      (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
      (1) is not prohibited from owning or possessing a firearm under federal law;
      (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as
      evidenced by the possession of a concealed carry license or permit issued by his or her state of
      residence, if applicable; and
      (3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle
      unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. (Source: P.A. 98-63, eff. 7-9-13.)
      Subsection (b) of Section 65 States:
      (b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
      Section 5. Definitions. As used in this Act:
      "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

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  2. Maybe he was eating a salad.

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  3. 1 star rating for you dude.

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  4. The city needs to demand finger printing and background checks for Uber drivers.

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    1. He had a valid ccw, his background couldn't of been that bad.

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  5. Do a little gangbanging, do a little Uber driving. Do a little drug dealing, do a little Uber driving. How convenient!

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    1. Dude's got a side hustle to his side hustle.

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  6. It wouldn't have mattered in this case.
    If the guy had a carry permit he had a clean record. Maybe the city should stop giving a shut about pot?

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  7. Jack of all trades

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  8. Are extended mags illegal in chi? Even with valid foid and ccw?

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    1. Only rifle magazines have capacity limits. There are no restrictions on magazines for handguns after the CCL law was passed.

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  9. Illinois was the last state to allow citizens to defend themselves. FOID card is a joke, just another way to bilk the citizens.

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  10. The magazine is not illegal. Chicago and Cook County lost the right to regulate magazine capacity with the concealed carry act of 2013. The authority to regulate handguns(and magazines) is solely vested in the Illinois State Police.

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    1. You're wrong! Here's an abridged explanation ... Under the Concealed Carry Act (FCCA), home rule units were given a 10 day window in which to adopt "assault weapons bans." During that period the Cook County Board defined high capacity magazines (more than 10 rounds) as a form of assault weapon. The penalty for ordinance violation can be up to 6 months incarceration and a $5k fine. While the county ordinance is clearly in contravention of FCCA intent (and language), the home rule unit's authority re magazine capacity limit and "AR" ban has been upheld by federal courts (i.e., Friedman v. Highland Park). The ban applies to all persons in Cook County. That's why the Cook County State's Attorney Office added this charge against the Uber driver. Don't believe me? Look up Cook County Ordinance #13-O-32 (rev. 7-17-2013). I expect there will be an increasing number of persons charged with violating the ordinance.

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    2. Thank you, anonymous, for your well-written and supported contribution.

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    3. In the highland park case, he was also caught with weed. Not a totally cut and dry example. Would like to see a case with no other charges.

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    4. @anonymous - "Under the Concealed Carry Act (FCCA), home rule units were given a 10 day window in which to adopt "assault weapons bans.""

      That 10 day window applied exclusively to long guns, handguns are preempted by state law and there was no 10 day window to classify handguns as "assault weapons". Which means even AR-15 and AK-47 pistols are legal in Chicago or anywhere else with an "assault weapons" ban. And Cook County's ordinance applies only in unincorporated areas of the county, Friedman dealt with a Highland Park law. That's why you can walk into any Cook County gun store and buy weapons on Cook County's :assault weapons" list. Go to the Cabela's in Hoffman Estates, or Maxon's in Des Plaines or Shore Galleries in Lincolnwood if you don't believe me.

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    5. I prefer to deal in reality as opposed to wishful thinking. Apparently, you're assuming that the FCCA is tantamount to a supremacy doctrine. Not true. I refer you to the State of Illinois Constitution, Article VII, Section 6 (a) "a home rule unit may exercise any power ... including the power to regulate for the protection of public ... safety ...". On what basis do you contend that this (and presumably other) county ordinances apply only to unincorporated areas within the county? That's a rather novel legal interpretation. None of the IL Appellate Court Justices with whom I regularly collaborate are aware of your theory. Don't be surprised when the Cook County State's Attorney orchestrates a "perp walk" of gun store owners for the ordinance violation. FWIW, I think the county ordinance is of dubious legality. But the reality is that the ordinance is on the books, and it's been supported by the courts (e.g. Wilson v. Cook County and Friedman v. Highland Park). Proceed at your own risk. But given the potential penalty, I don't want to risk arrest, prosecution and conviction. And that's why my trusty Heckler & Koch P2000sk is loaded with a 10-round mag. ;-)

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    6. Anonymous may have had a well written response but is WRONG! The IL Concealed Carry Act 430 ILCS 66 Section 90 makes all local ordinances and restrictions related to handguns invalid. Don't believe me? Look it up. And stop spreading false information when you obviously don't know what you're talking about.

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  11. What kind of an Uber rating does he have?

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    1. His Uber rating is irrelevant. This POS pulled up to pick me up one time and my gut feeling said "don't get in that car," so I didn't.

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  12. if the officer checked and found that he posessed a valid cc permit showing a foid is not required in illinois,the officer needs to be repremanded for that mistake,as far as finding the pot in his posession,the officer then decided it was time to hang the guy.having all the small bags i would say the guy is screwed,what a moron!

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    1. "the officer needs to be repremanded for that mistake,"
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      As a "leagel eagle," you surely know that "the officer" is not the one who decides what the man would be charged with. There is a process involving supervisors and the state's attorney's office.

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  13. Possible the concealed carry license was not an IL license? Maybe had a license from another state? Not necessary to carry FOID on your person if you have a CCL.

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  14. Once again, CWB is galloping through the Autumn mist somewhere between reality and The Yellow Brick Road. You got a few honorable mentions over on Second City Cop for this.

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    1. We don't understand half of the things you write, but it's always colorfully done. That was a compliment.

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  15. "Taylor possessed a valid concealed carry licensed but did not have a firearms owner identification card, police said."

    How the hell can you have a concealed carry license without a FOID card?

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  16. Imagine how safe Chicago would be if every Uber driver carried a .357, a 9mm and a bag of weed. We need to make that legal. Since Kimmy's office will let this mope off with probation, why bother the cops with a little thing like this.
    I find it difficult to believe that this scum had a clean record before this arrest. Someone needs to look into if his CCL is legit and that it was legitimately approved.

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