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Meyers vs Schmitz


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#61 chibooey

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Posted 26 February 2016 - 02:02 PM

Just want to say Thank You!  I am considering moving out of state and this would definitely affect my decision.



#62 jmeyers

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Posted 26 February 2016 - 02:38 PM

chibooey,

 

I think I can speak for all of us that have litigation going, we are doing it to stand up for whats right and to help each other out.  Eventually 1 or more of us will succeed in it.



#63 spec5

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Posted 26 February 2016 - 07:05 PM

chibooey,
 
I think I can speak for all of us that have litigation going, we are doing it to stand up for whats right and to help each other out.  Eventually 1 or more of us will succeed in it.

But it is you in this fight. A lot of people should be thankful for your desire to make things right.
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#64 jmeyers

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Posted 01 March 2016 - 01:01 PM

Hearing was held today.  State didn't get their motion to remand and we didn't get any relief, but the Judge gets the fundamental and core issue.  He would like to see proposed orders from both sides and took it under advisement for 14 days for those orders to be prepared.

 

Thanks to Valinda and Mike for being there, it means a bunch...



#65 EnCrypt

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Posted 01 March 2016 - 03:21 PM

was just catching up on all this. did you have a non-resident florida CCL before you moved?


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#66 jmeyers

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Posted 01 March 2016 - 03:35 PM

I did have a FL permit.  They don't differentiate between resident and non reisdent.

 

Judge asked great questions.  Hard to tell which way he is leaning for this...



#67 EnCrypt

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Posted 01 March 2016 - 03:37 PM

I did have a FL permit.  They don't differentiate between resident and non reisdent.

 

Judge asked great questions.  Hard to tell which way he is leaning for this...

yea, that's what I was curious about if florida cared. hope everything works out well for you guys!


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#68 jmeyers

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Posted 01 March 2016 - 03:44 PM

Valinda should be along to chime in but the judge did leave this thought with us as he exited the Court Room:

 

If I get a DUI, I am given notice and a hearing before my Drivers License is revoked.

 

Hopefully this provides insight into how he's leaning.  We'll see what he does in 14 days.



#69 EnCrypt

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Posted 01 March 2016 - 03:46 PM

Valinda should be along to chime in but the judge did leave this thought with us as he exited the Court Room:

 

If I get a DUI, I am given notice and a hearing before my Drivers License is revoked.

 

Hopefully this provides insight into how he's leaning.  We'll see what he does in 14 days.

hopefully that means they effed up haha. although I kind of thought you would get relief.


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#70 AuroraInstructor

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Posted 01 March 2016 - 03:52 PM

Valinda should be along to chime in but the judge did leave this thought with us as he exited the Court Room:

 

If I get a DUI, I am given notice and a hearing before my Drivers License is revoked.

 

Hopefully this provides insight into how he's leaning.  We'll see what he does in 14 days.

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#71 jmeyers

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Posted 01 March 2016 - 03:59 PM

I honestly think he was leaning towards REMAND until the state basically said, incompetent state employees at a call center made the decision and did not check with legal.  Then the judge started asking bunches of questions including if I was a Felon or had a Mental History in the year Ive been in FL now



#72 jmeyers

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Posted 01 March 2016 - 04:01 PM

He also said he wants to get this right, do some research himself and doesn't want this on an appeal



#73 skinnyb82

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Posted 08 March 2016 - 02:16 PM

Wow a judge that actually cares about getting it right and wants to learn more about the law (what a novel idea). And, as usual, the State putting its foot in its mouth yet again. These AAGs have insane caseloads, seem grossly incompetent at times. As I'm looking to pick up shop and leave, this will set an interesting precedent. Sent from my VS986 using Tapatalk
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#74 jmeyers

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Posted 08 March 2016 - 07:19 PM

Well, here we are 7 days through the 14 for proposed orders.  As soon as we get a copy of IL's BS Ill post them both :)



#75 latetotheparty

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Posted 09 March 2016 - 11:29 AM

Moving to FL in 2 weeks. Watching with a my fingers crossed. OP, not sure if there's any help needed, but I'd be happy to contribute to your legal fund.

#76 jmeyers

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Posted 09 March 2016 - 12:23 PM

latetotheparty - my mistake can be your lesson

 

Keep your IL Drivers License and you'll be fine.  Thats what it seems to be boiling down to, if I wouldn't of turned in my IL Drivers License I would've been considered a IL Resident :)



#77 GWBH

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Posted 09 March 2016 - 01:40 PM

latetotheparty - my mistake can be your lesson

 

Keep your IL Drivers License and you'll be fine.  Thats what it seems to be boiling down to, if I wouldn't of turned in my IL Drivers License I would've been considered a IL Resident :)

Don't know about Florida, but any state I've lived in required me to surrender my out-of-state license before they would issue me a license for my current address.

And only gave me around 30 days to do that.

Of course that does not apply to active duty military.

 

It's all "dollar" oriented.


Edited by GWBH, 09 March 2016 - 01:41 PM.

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#78 jmeyers

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Posted 09 March 2016 - 02:04 PM

Florida allows 6 months is what i held to :)  Ofcourse thats only if you want to be a Florida resident.  



#79 AuroraInstructor

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Posted 09 March 2016 - 02:14 PM

Keeping your Illinois driver's license to "maintain residency" is not permitted.  You are required to notify the Illinois Secretary of State of an address change, within 10 days if you move. Moving out of state is a different matter, as you generally are given more time to get a driver's license in the new state (Illinois gives new "immigrants" 90 days after moving to Illinois from another state to get an Illinois driver's license).


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#80 jmeyers

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Posted 09 March 2016 - 02:13 PM

Just ways around it.  Legally you could maintain IL Residency.  All required is a IL address.  State defines IL Residency for a CCW as having a IL Drivers License or ID card.  DONE! Is it legal? Im not an attorney but thats the stance they took in the Trame Dep



#81 kwc

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Posted 09 March 2016 - 02:44 PM

Just ways around it.  Legally you could maintain IL Residency.  All required is a IL address.  State defines IL Residency for a CCW as having a IL Drivers License or ID card.  DONE! Is it legal? Im not an attorney but thats the stance they took in the Trame Dep

 

If you're referring to the deposition that occurred pursuant to the Samuel v. Trame lawsuit, I don't think that deposition addressed the legality of maintaining legal residency in Illinois (along with a driver's license) once a person moves to another state.  That would depend upon multiple factors, including the new state's regulations.

 

That deposition did, of course, confirm that an Illinois driver's license or ID card serves as evidence of residency in Illinois when qualifying for a FOID or FCCL (which is not news to any of us nonresidents).


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#82 jmeyers

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Posted 09 March 2016 - 02:40 PM

Maybe it was my case oral argument.  Something somewhere said Illinois Drivers license or ID Card services as residency.  How you get around it, like i said I'm not an attorney :) but simply maintaining a locale with a IL address, such as a friend, seems to meet the purpsoe

 

Enough of my ramblings, back to waiting...



#83 kwc

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Posted 09 March 2016 - 02:50 PM

Maybe it was my case oral argument.  Something somewhere said Illinois Drivers license or ID Card services as residency.

 

That statement was absolutely made in Trame's deposition in Samuel v. Trame, and in a deposition from a prior case Mr. Maag submitted as an exhibit to his complaint in Samuel v. Trame.  It is also spelled out in the ISP's definition of "Illinois resident" in the administrative code.  It does NOT appear in the FCCA as such.


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#84 jmeyers

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Posted 09 March 2016 - 03:21 PM

kwc, thanks, knew i seen it somewhere.  Since the ISP seems to be hiding besides Administrative Code it must be legal right :) :)



#85 latetotheparty

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Posted 15 March 2016 - 08:29 AM

Is today the day?

To your previous point, an official State ID is acceptable for FOID and FCCL?

#86 kwc

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Posted 15 March 2016 - 08:46 AM

To your previous point, an official State ID is acceptable for FOID and FCCL?


Yes, an IL driver's license or IL state ID can be used as evidence of residency when applying for a CCL and FOID.

You can legally possess only one or the other, and cannot legally possess an IL ID if you have a driver's license from another state.

Edited by kwc, 15 March 2016 - 08:47 AM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#87 jmeyers

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Posted 15 March 2016 - 09:02 AM

Proposed orders are due today.  Im sure the states will be remand remand remand, soon as ours is filed Ill post it (we are still hashing out our order)



#88 Gamma

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Posted 15 March 2016 - 08:38 PM

 

To your previous point, an official State ID is acceptable for FOID and FCCL?


Yes, an IL driver's license or IL state ID can be used as evidence of residency when applying for a CCL and FOID.

You can legally possess only one or the other, and cannot legally possess an IL ID if you have a driver's license from another state.

 

AFAIK it's perfectly legal to have both an IL DL and IL ID.


Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#89 chislinger

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Posted 15 March 2016 - 09:54 PM

AFAIK it's perfectly legal to have both an IL DL and IL ID.

I had both for years. The only reason I don't any more is they changed the law so that they don't take your DL when you get a ticket. I had an ID just in case I got a ticket before I had to fly anywhere.
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#90 kwc

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Posted 15 March 2016 - 09:55 PM

AFAIK it's perfectly legal to have both an IL DL and IL ID.


My bad--I have no reason to doubt that. I misspoke on that point.
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