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Posted: 4/14/2014 8:09:16 PM EDT
1. This Doc made a really big mistake...

"A Lincoln Park doctor with a cache of guns in his apartment claimed that “a nervous tic” caused him to fire into a neighbor’s unit on Wednesday, according to a police report.

Michael Olivieri, 53, told officers he had placed a revolver on an island in his kitchen and thought he had replaced its live rounds with dummy rounds, the arrest report said. But “everything happened so fast,” he told police, and soon he “squeezed the trigger as a nervous tic like squeezing a tennis ball.”

2. Are the CPD and Prosecutors oblivious of the change the Chicago Gun Registration laws? The Cook County Gun Registry laws went bye-bye due to the preemption clause when we got CCW last September.

"When police showed up to investigate, they confiscated eight guns – including handguns and at least one rifle. Prosecutors said the guns were not registered. When police returned to his apartment Friday, he told them he had a ninth gun that he had forgotten to tell them about two days earlier. That weapon was in his car in the building’s parking garage.

Officers arrested Olivieri on Friday at his high-rise apartment in the 2000 block of North Lincoln Park West, near the Lincoln Park Zoo’s antelope and zebra enclosure. He faces a felony charge of reckless discharge of a firearm and was also cited with having unregistered guns.

Olivieri, a family physician, has an active state medical license, online records show. His arrest report said he is currently on leave from his practice.

In bond court Saturday, Judge Laura Marie Sullivan ordered the doctor held on $10,000 bail."

3. This whole thing really stinks. I hope our main Man Todd is prepping the law dogs for a serious suit if this gets legs.

Tribune

Sun Times






Link Posted: 4/14/2014 9:01:36 PM EDT
[#1]
was also cited with having unregistered guns.
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What is the status of gun registration in Chicago?  Didn't some of that crap go away?
Link Posted: 4/14/2014 9:50:58 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


What is the status of gun registration in Chicago?  Didn't some of that crap go away?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
was also cited with having unregistered guns.


What is the status of gun registration in Chicago?  Didn't some of that crap go away?



This is exactly what makes no sense. It did go away.

This act by CPD should concern anyone that lives in a community that had a registration scheme before the preemption took effect last year.

See/read notice A-2 of the CPD Notice below.

CPD Notice
Link Posted: 4/15/2014 2:54:25 AM EDT
[#3]
Prolly a stupid reporter.

It's not like reporters are infallible in their reporting of gun stories.

You know, like .9mm bullets and .12 gauge shotguns.

And then there's the "everything is an AK-47" poster...
Link Posted: 4/15/2014 3:18:08 AM EDT
[#4]
Link Posted: 4/15/2014 4:50:22 AM EDT
[#5]
I sure thought that the registration crap was gone but, wondered if I had missed something.
Link Posted: 4/15/2014 6:00:47 AM EDT
[#6]
Link Posted: 4/15/2014 6:09:22 AM EDT
[#7]
Some IllinoisCarry members contacted the Dr. and he said the registration offense was in the police report.  
This isn't surprising...The Cook County government workers in general just don't get the law...They still try to goof around with passing new handgun laws and restrictions.  They are either blissfully ignorant or just can't get their heads around the fact that they don't have that power anymore. (sucks to be them)
Those charges (registration) will be thrown out at some point.
Link Posted: 4/15/2014 6:12:23 AM EDT
[#8]
there is no current chicago ordinance that he would be in violation of. it is possible he was dumb enough to admit to having the guns while the ordinance was still in effect. I don't know what the statute of limitations is on ordinance violations.
Link Posted: 4/15/2014 6:36:46 AM EDT
[#9]
I doubt the firearm registry violation will go anywhere.  

I would be more concerned about the Reckless Discharge of a Firearm charge.  He is lucky he did not hit someone when he fired the round.
Link Posted: 4/15/2014 6:38:10 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
there is no current chicago ordinance that he would be in violation of. it is possible he was dumb enough to admit to having the guns while the ordinance was still in effect. I don't know what the statute of limitations is on ordinance violations.
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An innocuous-sounding "How long have you had these firearms" and "Have you always kept them here" and instant self-incrimination.
Link Posted: 4/15/2014 7:32:05 AM EDT
[#11]
Registration is the least of this idiot's problems. A conviction for felony reckless discharge of a firearm will result in his loss of ability to possess a firearm anyway.  Doofus. Who puts a round into a neighbors house and calls it a "nervous tic"?
Link Posted: 4/15/2014 8:03:08 AM EDT
[#12]
I might suggest he sell all of his firearms, including revolvers, and purchase the older H&R Model 32s.

Those were notorious for having near 20 lb trigger pulls.  I doubt his "nervous tick" could overcome that.

Or maybe even better, use some common sense and buy guns with external safeties, and assume they are loaded until you check, EVERY TIME.
Link Posted: 4/15/2014 8:07:29 AM EDT
[#13]
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Quoted:
I might suggest he sell all of his firearms, including revolvers, and purchase the older H&R Model 32s.

Those were notorious for having near 20 lb trigger pulls.  I doubt his "nervous tick" could overcome that.

Or maybe even better, use some common sense and buy guns with external safeties, and assume they are loaded until you check, EVERY TIME.
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Either that or a nagant revolver lol
Link Posted: 4/15/2014 1:42:46 PM EDT
[#14]
Link Posted: 4/15/2014 9:11:29 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


An innocuous-sounding "How long have you had these firearms" and "Have you always kept them here" and instant self-incrimination.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
there is no current chicago ordinance that he would be in violation of. it is possible he was dumb enough to admit to having the guns while the ordinance was still in effect. I don't know what the statute of limitations is on ordinance violations.


An innocuous-sounding "How long have you had these firearms" and "Have you always kept them here" and instant self-incrimination.


I thought it was sort of an ex post facto thing - can't charge someone for breaking a law that didn't exist when they committed an act and can't charge someone for breaking a law that no longer exists....
Link Posted: 4/15/2014 10:36:14 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I thought it was sort of an ex post facto thing - can't charge someone for breaking a law that didn't exist when they committed an act and can't charge someone for breaking a law that no longer exists....
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Quoted:
Quoted:
Quoted:
there is no current chicago ordinance that he would be in violation of. it is possible he was dumb enough to admit to having the guns while the ordinance was still in effect. I don't know what the statute of limitations is on ordinance violations.


An innocuous-sounding "How long have you had these firearms" and "Have you always kept them here" and instant self-incrimination.


I thought it was sort of an ex post facto thing - can't charge someone for breaking a law that didn't exist when they committed an act and can't charge someone for breaking a law that no longer exists....


That would be correct Sage. I consulted a lawyer friend whom confirmed your statement.

Much of what has been printed should not be. The Doc should have kept his mouth SHUT.
Link Posted: 4/16/2014 7:53:04 AM EDT
[#17]
It will be very interesting to see why he was charged with unregistered firearms.   I'm hoping details of this case leak out.  At IC, another member had communicated with the reporter to verify that he was charged with unregistered guns. The reporter replied to say he had received numerous inquiries from other people asking the same question but that the police would not comment.  
Link Posted: 4/16/2014 9:00:09 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Either that or a nagant revolver lol
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I might suggest he sell all of his firearms, including revolvers, and purchase the older H&R Model 32s.

Those were notorious for having near 20 lb trigger pulls.  I doubt his "nervous tick" could overcome that.

Or maybe even better, use some common sense and buy guns with external safeties, and assume they are loaded until you check, EVERY TIME.

Either that or a nagant revolver lol


He can just buy a new Bodyguard .380 if he doesn't like revolvers. First one I shot had me convinced it was somehow broken.
Link Posted: 4/16/2014 2:42:28 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It will be very interesting to see why he was charged with unregistered firearms.   I'm hoping details of this case leak out.  At IC, another member had communicated with the reporter to verify that he was charged with unregistered guns. The reporter replied to say he had received numerous inquiries from other people asking the same question but that the police would not comment.  
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Any link to that reporters report would be appreciated.
Link Posted: 4/17/2014 5:34:28 AM EDT
[#20]
He should not have been charged for the multiple counts of "unregistered" firearms, obviously these officers didn't read the notice that was sent out via Corp Counsel. What's worst is the fact that a supervisor approved the charges in the arrest!
Link Posted: 4/17/2014 12:27:37 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He should not have been charged for the multiple counts of "unregistered" firearms, obviously these officers didn't read the notice that was sent out via Corp Counsel. What's worst is the fact that a supervisor approved the charges in the arrest!
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I don't think you'll hear a more qualified opinion than this one.
Link Posted: 4/19/2014 7:53:05 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He should not have been charged for the multiple counts of "unregistered" firearms, obviously these officers didn't read the notice that was sent out via Corp Counsel. What's worst is the fact that a supervisor approved the charges in the arrest!
View Quote



Thank you for the input CPD1515. I am not disappointed that Chicago is such a legal mess. As of late it's been a Constitutional rights battle ground, and depending on who you ask, the pro 2A side is winning.

Chicago can't afford another lawsuit and this case is headed there. We'll see where this goes, but I guess it quietly goes away.
Link Posted: 4/20/2014 3:16:00 AM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Registration is the least of this idiot's problems. A conviction for felony reckless discharge of a firearm will result in his loss of ability to possess a firearm anyway.  Doofus. Who puts a round into a neighbors house and calls it a "nervous tic"?
View Quote


Well it's from a person not wanting to admit the truth and just one of many excuses I've read when someone was playing with a gun, didn't follow the rules and had an ND. I'm surprised he didn't say "it just went off."
Link Posted: 4/20/2014 8:32:45 AM EDT
[#24]
Getting a felony charge for the reckless discharge seems excessive to me if noone was hurt.
Link Posted: 4/20/2014 5:56:43 PM EDT
[#25]

   (720 ILCS 5/24-1.5)
   Sec. 24-1.5. Reckless discharge of a firearm.
   (a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
   (b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
   (c) Reckless discharge of a firearm is a Class 4 felony.
   (d) This Section does not apply to a peace officer while in the performance of his or her official duties.
View Quote

Olivieri admitted to discharging the firearm.  The prosecutor will just need to prove he did it recklessly.  Based on the limited info from the various news sources, that doesn't seem like a large leap.  I'm not saying it's right, but it's the law of the land right now.

It could also be a ploy to get him to plea down to UUW, which would also end up with him losing his FOID and firearms. Hopefully he has a good lawyer.
Link Posted: 4/20/2014 6:48:05 PM EDT
[#26]
What if it would have been a slamfire? Would that count as reckless? It doesn't suprise me that it was in cook county.
Link Posted: 4/20/2014 7:43:21 PM EDT
[#27]
Good question.  I bet he would be charged anyway, because it's Cook County.  Anything to get those "illegal guns" off the streets.  What the guy really needs is a good, hard slap to the back of the head.
Link Posted: 4/21/2014 1:06:31 AM EDT
[#28]
"Olivieri admitted to discharging the firearm. The prosecutor will just need to prove he did it recklessly. Based on the limited info from the various news sources, that doesn't seem like a large leap. I'm not saying it's right, but it's the law of the land right now.

It could also be a ploy to get him to plea down to UUW, which would also end up with him losing his FOID and firearms. Hopefully he has a good lawyer."

----Not UUW, please refer to following language in 720 ILCS 5/24-1:
"............except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission."

This case will go nowhere, more than likely he will just receive probation.
Link Posted: 4/21/2014 7:47:40 AM EDT
[#29]
he can likely afford a good lawyer and probably should get one pronto and let his lawyer do his legal thinking for him.

it is not unusual for cases like this to get pled down. the felony charge might be an issue with his medical license.
Link Posted: 4/21/2014 12:40:47 PM EDT
[#30]
I like the "except police officers".
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