The gun in the fanny pack

This wasn't supposed to happen here

[Reprinted from Issues & Views August 13, 2001]

It wasn't supposed to happen that in America citizens could be denied the right to carry a gun for possible defense. Yet one day when John Horstman of Elgin, Illinois, decided to take his unloaded gun with him, concealed in a fanny pack (a pouch worn around the waist), he found himself in big trouble. Here's how John Birch, president of Concealed Carry, Inc., a gun advocacy group, tells it:

"John Horstman did not set out to be a hero on Tuesday July 25th when he went bike riding in unincorporated DuPage County. Details are sketchy and indefinite at this point, but evidently someone called the DuPage Sheriff to report a man exposing himself on the trail. Along comes Mr. Horstman on his bike and the DuPage Sheriff stops him because 'He could be the person they are looking for.'

"Ordering him off his bike, the deputies quickly discovered loaded magazines on his belt and then the search got down in the dirt UGLY. Mr. Horstman's unloaded Taurus was found in a "day planner" style carry case. He was transported to DuPage County Jail and charged with Aggravated Unlawful Use of Weapon. After a night in jail and breakfast of cold French toast, Mr. Horstman was transported to his bond hearing.

"At the bond hearing they demonized Mr. Horstman over this false allegation [of being the flasher] to get his bond set at $250,000. (He is not charged with anything except Unlawful Use of Weapons.) You read right. . . for fanny pack carry the bond is ONE QUARTER OF A MILLION DOLLARS! Mr. Horstman had to post $25,000 in cash and turn his [other] guns over to the DuPage Sheriff to make bail. Is this America?"

The Chicago Tribune, in an article that pre-dates the Horstman case, explains some details about Illinois gun law:

"A growing number of registered Illinois gun owners believe they've found a legal loophole that allows them to carry concealed handguns and ammunition in public, tucked in specially designed fanny packs. Legal experts, police and prosecutors are debating the novel gun-law interpretation, which has gained adherents--and critics--across the state in a matter of months.

"The fanny pack advocates have latched on to a long-standing clause in state law that permits a registered owner to carry a gun that is unloaded and 'enclosed in a case ... or other container.' The idea that specially designed fanny packs meet that standard has not been tested in court, and the question is apparently unique to Illinois, one of only seven states that bar most people from carrying concealed firearms.

"On the home turf of the Champaign County Rifle Association, Urbana police say the statute is ambiguous enough that they've decided against making arrests for now. If officers encounter somebody with a gun in a fanny pack, they will note the incident and leave any decision on charges up to prosecutors. 'Our policy is that we'll write a report and we'll see whether the state's attorney brings charges or not, because [the law] is arguable both ways,' Lt. James Page said.

"Both the Illinois State Police and the attorney general's office declined to discuss the fanny pack issue. Few court decisions on record in Illinois involve cases for carrying guns and none settles the fanny pack issue directly, experts say. And until a pertinent case arises, many agencies will not offer an opinion on how a hypothetical case might be handled."

Well, here's how the real case was handled. Gun owners were mobilized by various advocacy groups, most prominent among them, Concealed Carry, Inc., based in Oak Brook, Illinois. A large contingent of gun-owning protesters, wearing fanny packs, of course, were expected to rally at John Horstman's arraignment that was scheduled for August 20. However, on August 7, Horstman was informed by the DuPage County State's Attorney that all charges against him were being dropped.

John Birch, president of Concealed Carry, declared to his group's membership: "On the one hand it would have been great to have had our test case, but I can see the State of Illinois simply did not want to do that. Further, Mr. Horstman has suffered enough, and it is because of your hard work in energizing gun owners to support Mr. Horstman on Aug. 20th that the State's Attorney took a personal interest in this case. In short, without firing a shot, we have made our point."

Thomas Knapp, of Free-Market.net, who had also rallied the troops, told his members: "John Horstman is a free man now. The charges have been dropped. The prosecutor has held a press conference, in which he indicated that he would not arrest anyone else on these bogus charges, but that he wants the legislature to close the 'loophole' that actually allows people to exercise their rights. We won! Concealed Carry, Inc., gun activists from around the U.S., and free-marketeers like yourself, faced down a bad prosecutor and made him blink. And we'll be prepared to do even more, even faster, next time."

The day before the announcement of the dropped charges, the Chicago Tribune had this to say:

"DuPage County State's Atty. Joseph E. Birkett says he knows what the law means. His office has charged Horstman--a 40-year-old computer systems engineer whose only brush with the law had been a speeding ticket--with aggravated unlawful use of a weapon. If convicted, Horstman could serve up to 3 years in prison. 'I don't believe that the exemptions are there to allow people to arm themselves,' said Birkett. 'I read the law, and I've studied it,' said Horstman, who was released July 25 after posting a $25,000 cash bond. 'I'm in compliance with the law. I'm not a danger to anyone. I am licensed by the state police.'"

After hearing the good news that the charges against him had been dropped, Horstman said, in a thank you to his supporters:

"I really needed to hear your words and to know that so many others are on my side on this. I received e-mails of support and prayer from gun owners and non-gun owners alike, from law enforcement officers, military people, even prosecutors from other  jurisdictions! Believe me, I was as shocked and offended as you were when I was unfairly charged with a crime. But when the State’s Attorney found out how shocked and offended we the people were he quickly and rightly corrected this travesty of justice."

Score another victory for the good guys -- and the Constitution.

Here are links to the organizations mentioned above:

Concealed Carry, Inc.

Free-Market.net

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