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Wilson v. Cook County (Semi-Auto Gun Ban)


Tvandermyde

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Posted
I've talked with many well educated (lawyers/professors) gun-enthusiasts about this case, and there is definitely no consensus among them on how good or bad this case will end.
Posted

I've talked with many well educated (lawyers/professors) gun-enthusiasts about this case, and there is definitely no consensus among them on how good or bad this case will end.

 

 

These kind of cases are a crap shoot. There is just no way to tell what SCOTUS is going to come up with. There is a lot of politics in judicial decisions, both internal and external, that make trailblazing cases hard to tell what might happen.

 

One would think the "arms in common use" wording in Heller would make this a no brainer.

 

But few thought that Roe V. Wade was a winner either. I had hoped that the tortured logic in Roe would eventually result in more respect from government for the basic privacy rights of citizens in other areas, but it has gone dramatically in the other way. Basically, it appears that the courts are saying the only privacy rights you have are WRT abortion. And that is pretty much the way governments at all levels have headed, with occassional exceptions from state legislatures. But even then, it is small exceptions here and there and no recognition of the basic right of citizens to be left alone from government instrusion into their lives.

Posted

 

These kind of cases are a crap shoot. There is just no way to tell what SCOTUS is going to come up with. There is a lot of politics in judicial decisions, both internal and external, that make trailblazing cases hard to tell what might happen.

 

 

This isn't a SCOTUS case (It's the IL supreme Court) and Roe v Wade was an entirely different set of Justices. I doubt seriously if Roe v. Wade would pass this SCOTUS.

 

and an abortion conversation will totally derail this thread.

Posted

Everyone should know that we have a forum member who is one of the plaintiffs in Wilson v Cook County.

Most of us know that already, and we have two plaintiffs from McDonald V Chicago on the forum.

  • 2 weeks later...
Posted

My understanding is that they are appealing an order that dismissed the case. So if that is true, and plaintiffs win on appeal, the case would simply be sent to the trial court for further proceedings. The case would basically start from the beginning.

 

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Posted

So if Wilson wins, what does this mean? Are semi autos going to be legal until and unless the SCOTUS reverses it? Could a guy move an AR into Chicago right after?

DM

 

If the Illinois Supreme Court throws out the Cook County ban, there is a very good likelihood that it is "game over" and the law would be gone. . The Cook County Board could have to wring their hands and rip great gobs of hair from their heads but there would be very little they could do about it. They could try and pass a new ordinance depending on how the decision is written.

  • 2 weeks later...
Posted

Ready?

Tomorrow is a big day for this case. Oral arguments should begin tomorrow Wed. the 18th at approx. 9:30AM. We expect it to be over around 2:30pm. I'm told that afterwards, a video recording of the arguments will be posted online at the Supreme Court of Illinois website. A lot of great people have been working very hard on this case, and tomorrow we shall see how well it goes!

Posted

Ready?

Tomorrow is a big day for this case. Oral arguments should begin tomorrow Wed. the 18th at approx. 9:30AM. We expect it to be over around 2:30pm. I'm told that afterwards, a video recording of the arguments will be posted online at the Supreme Court of Illinois website. A lot of great people have been working very hard on this case, and tomorrow we shall see how well it goes!

 

Good luck. Keep us posted.

 

Tim

Posted

Ready?

Tomorrow is a big day for this case. Oral arguments should begin tomorrow Wed. the 18th at approx. 9:30AM. We expect it to be over around 2:30pm. I'm told that afterwards, a video recording of the arguments will be posted online at the Supreme Court of Illinois website. A lot of great people have been working very hard on this case, and tomorrow we shall see how well it goes!

 

We're with you!

Posted

Ready?

Tomorrow is a big day for this case. Oral arguments should begin tomorrow Wed. the 18th at approx. 9:30AM. We expect it to be over around 2:30pm. I'm told that afterwards, a video recording of the arguments will be posted online at the Supreme Court of Illinois website. A lot of great people have been working very hard on this case, and tomorrow we shall see how well it goes!

 

Thank you for being a plaintiff (the lead plaintiff) on this. You're the man! I think we're going to win this one too.

Posted

My sources from the court room said:

 

that cook did a poor job of making arguements

That the 3 cook county judges were looking for a way not to rule on the 2A issue and remand it back for further hearings

That on a question from the chief judge, someone admitted thatthe gun inHeller would be illegal under the ordinance

That thomas could be the swing vote

Most likely outcome maybe ruling that the ordinance is preempted under the wildlife code or remand

Posted

My sources from the court room said:

 

that cook did a poor job of making arguements

That the 3 cook county judges were looking for a way not to rule on the 2A issue and remand it back for further hearings

That on a question from the chief judge, someone admitted thatthe gun inHeller would be illegal under the ordinance

That thomas could be the swing vote

Most likely outcome maybe ruling that the ordinance is preempted under the wildlife code or remand

 

Odd, as I recall the gun in Heller as being a 9-shot .22 revolver...

Posted

My sources from the court room said:

 

that cook did a poor job of making arguements

That the 3 cook county judges were looking for a way not to rule on the 2A issue and remand it back for further hearings

That on a question from the chief judge, someone admitted thatthe gun inHeller would be illegal under the ordinance

That thomas could be the swing vote

Most likely outcome maybe ruling that the ordinance is preempted under the wildlife code or remand

Say hello to another year of waiting :thinking:

Posted

My reading of the appellate brief made me think that the trial judge erred on some basic procedural issues that should have resulted in a remand. If this goes back to the trial court based on messing up the code of civil procedure I will cry inside.

 

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