810 replies to this topic

[domin8]

Can someone post the internet archive link for this case? IRT a Vermont plaintiff, it doesn't matter necessarily in this case since only 4 states' residents are even eligible to apply. Now let's say the state loses and simply lets all other state residents apply (with home state permits only), THEN we need those VT residents. It's worth noting though that PA and NH don't require home state permits for those who live in no-issue states (like VT and DC). IL should recognize this, but who knows if they will.

Vermont, et al, are a moot issue. 430 ILCS 66/40©(2)( states:

if applicable, has a license or permit to carry a firearm or concealed firearm issued by his or her state or territory of residence and attach a copy of the license or permit to the application;

Vermont, et al, residents would be exempt from submitting a copy of a concealed firearms permit because Vermont doesn't issue them.

Edited by domin8, 06 December 2014 - 09:20 AM.

[III]

It would be nice if this does not go to trial so that the process of allowing non-residents to apply speeds up...... Hopefully, I will be able to reapply (or better yet, just change my address) as a Missouri resident next year. Sent from my XT1254 using Tapatalk

[fugawee]

if this is won and out of state folks are able to apply for the ccw license,

would that mean that any Illinois citizen could apply WITHOUT

having their medical history reported to the ISP?

 

States similar to Illinois....

Wisconsin doesnt have that medical reporting scheme bs,so

if they can get a ccw,well.....

 

 

just curious.

[Gamma]

if this is won and out of state folks are able to apply for the ccw license,
would that mean that any Illinois citizen could apply WITHOUT
having their medical history reported to the ISP?
 
States similar to Illinois....
Wisconsin doesnt have that medical reporting scheme bs,so
if they can get a ccw,well.....

Other states having nothing to do with it.

Everyone would have the same requirements and same checks.

[domin8]

Nope, it would actually mean the exact opposite.  Nonresidents have to sign documents that permit the state of Illinois to review their medical records.

Edited by domin8, 07 December 2014 - 10:50 PM.

[Gray Peterson]

ILCD Local RULE 12.1 STATE OF ILLINOIS – TIME TO ANSWER

In all civil actions in which a claim is asserted against an official, employee, or agency of the

State of Illinois, the defendant must file an answer or otherwise plead within 60 days

after service of process in which the claim is asserted.

 

They don't have to respond until 12/30. 

Edited by Gray Peterson, 19 December 2014 - 08:27 AM.

[Molly B.]

Thank you, Gray

[borgranta]

What happens after 60 days if they fail to respond?

[singlecoilpickup]

What happens after 60 days if they fail to respond?

 

Probably a reasonable approximation of nothing.

[domin8]

Iirc, a summary judgement can be issued by the court. Unfortunately, summary judgements can also be reversed a bit more easily than if a hearing actually occurred.

Edited by domin8, 19 December 2014 - 01:32 PM.

[press1280]

I'm thinking perhaps the person making the updates in the internet archive is just behind. I have seen several cases where it's months behind. I really want to see if this is defended and what rationale will be used.

[skinnyb82]

What happens after 60 days if they fail to respond?

 

FRCP Rule 55 governs judgments with subsection © governing when the court may set aside a default judgment.  "For good cause" is not "we ignored this."  FRCP Rule 55©:

 

"© Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b)"

 

Sigale will (hypothetically) file a Rule 55(b) motion for default judgment, the State would have to file a motion to set aside default judgment, and give the judge a damn good reason why it's unreasonable to expect a response in twice the amount of time provided to...everyone else. Rule 60© can get them out of default but...erm...none of these would apply.  Not (b)(1), (b)(2), (b)(3)....and so on.

 

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

 

And, for the record, no answer has been filed.  What a shocker.  They're gonna take this all of the way until the last day, 11:59 pm.  They have...well, crap, there's a ton of weekends and holidays that stop the 60 day clock, but I'm ballparking the due date for an answer is early next week at the latest.  Nothing filed since 11/22.

 

3:14-cv-03320-SEM-TSH Culp et al v. Madigan et al
Sue E. Myerscough, presiding
Tom Schanzle-Haskins, referral
Date filed: 10/22/2014
Date of last filing: 11/22/2014

Edited by skinnyb82, 23 December 2014 - 04:22 PM.

[Molly B.]

They have until Dec. 30 to file a response.  My bet is for Tuesday, Dec. 30 at 5:55 pm..

[kurt555gs]

The greedy side of me hopes it takes forever. I hope this goes to SCOTUS. I could see SCOTUS ruling favorably for us on this. The reasoning here is that Oregon is just as bad as Illinois. Oregon is shall issue to its residents, may issue to residents that from states bordering Oregon, and no issue to everybody else. I have family in Oregon that I like to see. I shouldn't have to sacrifice my safety anywhere.

Oregon is an open carry state. Problem solved. Not so with Illinois.

[domin8]

This case could end up as precedent should somebody choose to bring a lawsuit against Oregon on behalf of nonresidents in regards to concealed carry.

[press1280]

Some Oregon towns have OC bans(or at least a permit is required). That's where I'd go, just like Denver, and the state of SC for a non-resident who doesn't live in a reciprocal state.

Anyway, waiting on what rationale IL uses to defend this.

[domin8]

Nonresidents of South Carolina can obtain a concealed carry permit if they own land in that state. I looked into this prior to moving to Chicago because we were looking at moving to Beaufort, SC.

Edited by domin8, 26 December 2014 - 09:31 AM.

[ming]

Nonresidents of South Carolina can obtain a concealed carry permit if they own land in that state. I looked into this prior to moving to Chicago because we were looking at moving to Beaufort, SC.

Can't get enough of Parris Island domin8?

[domin8]

I was a Hollywood recruit.

[Teufel Hunden]

How long ago domin8? I went through starting March '93.

[domin8]

Entered mid-October 1998. Graduated January 1999. I went through the crucible during Christmas. Graduated a week after New Year's.

Edited by domin8, 26 December 2014 - 09:17 PM.

[Teufel Hunden]

I thought I had it bad with my birthday during 1st phase. Christmas must have been way worse.

[ChicagoRonin70]

Oops.

Edited by ChicagoRonin70, 26 December 2014 - 10:42 PM.

[ChicagoZman]

Just heard from Counsel that the Defendants received an extension until the end of January to respond.

[Molly B.]

Correct, the Defendants recently received an extension until the end of January to respond to our Complaint.  We expected this, both the asking and the receiving, given the original deadline of December 30 and the holiday season.

[domin8]

Well, that's a bit disheartening. "Cry, 'Havoc and let slip the dogs of war." - William Shakespeare

[chislinger]

What happens after 60 days if they fail to respond?

Lisa Madigan starts laughing maniacally.

[MrTriple]

What happens after 60 days if they fail to respond?

Lisa Madigan starts laughing maniacally.

I'm curious how much Lisa is paying attention to this case personally. I wonder if she cares all that much about this whole affair over CCW.

[rubicon]

 

 

What happens after 60 days if they fail to respond?

Lisa Madigan starts laughing maniacally.

I'm curious how much Lisa is paying attention to this case personally. I wonder if she cares all that much about this whole affair over CCW.

 

AG Lisa Madigan is a Rabid Anti-Gun, Anti-Second Amendment Fanatic! She tried to get the ISP to release all of the Names and Addresses of all Illinois FOID Card holders!

[Professor Wheezy]

So I'm guessing that my hope of just having my WI license recognized by IL at some point in the near future is silly at best.  IL will want some money out of me and will want the freedom to at least do their own snooping.  Correct?