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Nyuk,Nyuk,Nyuk!
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I thought I might ask our resident law enforcement officers if this charge has any actually merit.
To my non-LEO mind, it seems to be an over-reach.
Could it be successfully prosecuted?
What kind of precedent would that set if it is successful?

Thanks!

Palos Heights Student Arrested After Posing With AK-47 Online

http://chicago.cbslocal.com/2018/02/15/shepard-high-school-student-ak-47/
 

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If that's all it is, I'm at a loss to figure out what's disorderly about it. Perhaps there's more to the story. Maybe there was some sort of threat made along with the picture. Since he's a juvenile, they won't likely release much.

The fact that they arrested him seems like there is more going on here than is being released. Around me, we can't make a warrantless arrest for disorderly conduct that's not ongoing in our presence and wouldn't even if we could. And we're nowhere near as busy as Chicago PD. He'd be summoned in to court to answer to the charges. I'd bet there's more to this.
 

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Here's an excerpt from the Illinois disorderly conduct statute:
"Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;"

I'm guessing that since the article mentioned the name of the school being on one of the postings, some sort of threat was made or implied.
 

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If the image was posted in such a way as it could be interpreted to intimidate or threaten those viewing it, would that not be disorderly conduct? Also, if it were taken of him displaying the gun in a setting where doing so would itself, constitute disorderly conduct, would that not also qualify?

I don't know what the particular law out there says, but I'd guess it could be stretched to include the pic, but that the police are more concerned with nipping this in bud, whatever it is. I suspect the fellow as already "known" to them.
 
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What are the implications of a "transfer" of a firearm owned by an adult to a juvenile that is not a parent or legal guardian in Chicago, Illinois? Is it illegal for a juvenile to "possess" [no matter how short or long the "possession" may be] a firearm? Is the adult being charged?

The charge of Disorderly Conduct is often a catch-all charge for behaviors or actions that alarm, intimidate, threaten, etc. With that student posting such a photo and a particular school, in the current social and political environment, it could be inferred that an act of violence might occur.

Is that enough for a criminal conviction on a class 4 misdemeanor? One would have to refer to Illinois criminal court and appellate rulings for an indication.
 

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Here's an excerpt from the Illinois disorderly conduct statute:
"Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;"

I'm guessing that since the article mentioned the name of the school being on one of the postings, some sort of threat was made or implied.
I guess they are more strict there then they are in this little burg. When you do that as a school teacher, it is admitted to, but ignored.
 

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That makes much more sense. If he threatened to shoot up the school, I can see making the arrest.

In my neck of the woods it’s covered by the bomb threat law and way more serious than a disorderly conduct charge.
 
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Sounds like 422PC, Criminal Threats here. A felony.

Sent from my SM-N920V using Tapatalk
 
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The article doesn't say he was charged just for a picture with an AK-47.

The article does say his school's name was mentioned when he posted the pictures.

Reading between the lines says there is more to it than just pictures.
 

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The Kindly Curmudgeon
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Not that many years ago a person "open carrying" in WI could be charged with disorderly conduct depending on the whim of LEO's in certain locales. This is what caused "open carry" rallies and individuals purposely open carrying with the intent on getting charged, started to happen. It was all about being able to exercise our rights under current law. It took a while, but eventually a law was passed to prevent this from happening. We were fortunate to have an Attorney General and Governor that were friendly to our cause. And that soon led to our concealed carry permits.
https://www.grgblaw.com/wisconsin-trial-lawyers/open-carrying-gun-wisconsin
 

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Frankly, whether such an arrest is lawful or not will not matter for the near future. Law enforcement have been vilified for not taking action against the Florida shooter, prior to the shooting, when, in fact, that person had not committed a violation of law until stepping into the school with the firearm.

Things will get "strange" for a while.
 

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If that’s the case, it should be a terroristic threat type charge. I can’t imagine the state doesn’t have one. Downgrading it to disorderly condo just to get interest, but keep it misdemeanor is total crap.
 

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Just as mentioned above, there just HAS to be more to the story for an arrest. That report makes it seem that police had probable cause to arrest this kid just for posting pictures of him posing with a rifle and one of those pictures contained the name of his school.

We all know it is wrong to yell "fire" in a crowded movie house(or was that "movie in a crowded fire house?), but I'm guessing the right to free speech isn't being trampled on here since the police have a little more than what is being reported in this news agency's account.
 

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Nyuk,Nyuk,Nyuk!
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Discussion Starter · #19 ·
Thanks for all of the replies. I appreciate the insight that you folks have provided.
 
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This is now the fine line that LE is being told to balance on. Where do we move if free speech becomes interpreted as a threat? If the photo was generic and did not include a school or location name, it would qualify inder free speech under any state constitution or federal one at that. The naming of the school is weak but in light of people's emotions right now, actionable. That being said, once settled, the agency will take the hit win or lose.

Emotions are now driving much of our responses. And that will be damaging long term.
 
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