I'm no expert, but I could point out the flaws in Posner's opinion.
First, Illinois says they can't afford to obtain all the records needed to verify the applicant meets all requirements in 430 ILCS 66/25. Why, then, do non-residents have to pay an additional $150 more than what residents pay? Imo, the state flat out lied under oath.
Second, nobody from the state, nor plaintiff's counsel, has sought professional opinions on the matter of voluntary mental health reporting. And, regardless of whether it's voluntary or involuntary, the HIPAA waiver everybody has to sign allows the state to obtain those records. And, not a single mention about adjudication of mental illness via 18 USC 922, which automatically disqualifies anybody in the country from obtaining a concealed firearm permit, yet alone a firearm.
Third, concerning state surveys, nobody has defined the regularity of frequency. How often are the surveys sent out?
Fourth, Harm? How about finding a story, like mine from May 2015, where the innocent person isn't as fortunate. If only they were able to defend themselves....
Last, and I know some of said this is a weak argument but I disagree, while Illinois declares 4 states to be substantially similar, those same states don't define Illinois is substantially similar. Case in point, Virginia, a substantially similar state, earlier this year, was on the fringe of terminating recognition/reciprocity agreements with the majority of 30 states it has agreements with. The only ones it was going to keep agreements with were ones deemed to be more restrictive than Virginia. None of those states are defined as substantially similar by Illinois. The question has to be asked before the courts while pointing out ISP's material failures in obtaining actual information on mental health and the fallacy of expenditures. Worded the correct way at the right time, at least an eyebrow could be raised.
I also think ATF Rule 80-26 could be thrown in to point out how anybody else who lives in Illinois for an extended amount of time should be treated the same as a resident.
I think Manion, nailed it, but even his opinion lacked what I said above.
Edited by domin8, 20 October 2016 - 09:13 PM.