Jump to content


Photo

Culp vs Madigan - Lawsuit Filed On Behalf of Non-Residents


  • Please log in to reply
620 replies to this topic

#61 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 06 December 2014 - 09:18 AM

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)(B) 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.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#62 III

    Domari Nolo

  • Members
  • 1,819 posts
  • Joined: 04-December 13

Posted 07 December 2014 - 12:35 PM

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

-------------------------------------------------------------------------------------------

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

"Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that's good." - George Washington


#63 fugawee

    Member

  • Members
  • PipPip
  • 103 posts
  • Joined: 02-June 13

Posted 07 December 2014 - 09:51 PM

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.



#64 Gamma

    Member

  • Members
  • 2,143 posts
  • Joined: 29-December 13

Posted 07 December 2014 - 10:48 PM

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

#65 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 07 December 2014 - 10:49 PM

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.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#66 Gray Peterson

    Member

  • Members
  • PipPipPipPipPipPipPipPip
  • 426 posts
  • Joined: 02-August 04

Posted 19 December 2014 - 08:26 AM

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.


#67 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,435 posts
  • Joined: 18-April 05

Posted 19 December 2014 - 08:38 AM

Thank you, Gray


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#68 borgranta

    Member

  • Members
  • 5,551 posts
  • Joined: 29-June 12

Posted 19 December 2014 - 12:08 PM

What happens after 60 days if they fail to respond?


The following referral code will grant provide a new User of Uber a free ride up to $15
donaldd4557ui

#69 singlecoilpickup

    Member

  • Members
  • 1,307 posts
  • Joined: 09-June 14

Posted 19 December 2014 - 12:11 PM

What happens after 60 days if they fail to respond?

 

Probably a reasonable approximation of nothing.



#70 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 19 December 2014 - 01:32 PM

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.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#71 press1280

    Member

  • Members
  • PipPipPip
  • 176 posts
  • Joined: 23-October 11

Posted 23 December 2014 - 03:21 AM

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.



#72 skinnyb82

    Member

  • Members
  • 5,975 posts
  • Joined: 07-November 12

Posted 23 December 2014 - 04:19 PM

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.

NRA Member
SAF Member
C&R License Holder

#73 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,435 posts
  • Joined: 18-April 05

Posted 23 December 2014 - 11:11 PM

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


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#74 kurt555gs

    Member

  • Members
  • 3,018 posts
  • Joined: 09-October 09

Posted 24 December 2014 - 10:00 AM

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.
Kurt on G+

#75 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 24 December 2014 - 11:21 AM

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.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#76 press1280

    Member

  • Members
  • PipPipPip
  • 176 posts
  • Joined: 23-October 11

Posted 26 December 2014 - 07:31 AM

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.



#77 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 26 December 2014 - 09:30 AM

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.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#78 ming

    Member

  • Supporting Members Team
  • 2,084 posts
  • Joined: 22-July 09

Posted 26 December 2014 - 10:58 AM

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?


NRA Life Member
NRA Certified Pistol and PPITH Instructor
NRA Range Safety Officer
ISRA Member
Registered Illinois Concealed Carry Firearms Instructor


#79 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 26 December 2014 - 03:12 PM

I was a Hollywood recruit.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#80 Teufel Hunden

    Member

  • Supporting Members Team
  • PipPipPipPipPipPip
  • 331 posts
  • Joined: 07-January 14

Posted 26 December 2014 - 08:21 PM

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

#81 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 26 December 2014 - 09:13 PM

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.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#82 Teufel Hunden

    Member

  • Supporting Members Team
  • PipPipPipPipPipPip
  • 331 posts
  • Joined: 07-January 14

Posted 26 December 2014 - 10:15 PM

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

#83 ChicagoRonin70

    The Landlord of the Flies!

  • Supporting Members Team
  • 2,634 posts
  • Joined: 02-August 14

Posted 26 December 2014 - 10:38 PM

Oops.


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

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#84 ChicagoZman

    Member

  • Members
  • PipPip
  • 115 posts
  • Joined: 05-September 13

Posted 30 December 2014 - 01:28 PM

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


NRA Patron/NRA Pistol Instructor
Illinois/Utah Concealed Carry Instructor

Glock Armorer/M&P Armorer

LFI I/LFI II


#85 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,435 posts
  • Joined: 18-April 05

Posted 30 December 2014 - 01:39 PM

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.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#86 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 30 December 2014 - 03:25 PM

Well, that's a bit disheartening. "Cry, 'Havoc and let slip the dogs of war." - William Shakespeare
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#87 chislinger

    Member

  • Supporting Members Team
  • 5,325 posts
  • Joined: 21-November 13

Posted 30 December 2014 - 03:25 PM

What happens after 60 days if they fail to respond?

Lisa Madigan starts laughing maniacally.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#88 MrTriple

    Member

  • Members
  • 1,701 posts
  • Joined: 22-April 13

Posted 27 January 2015 - 12:54 PM

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.
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#89 rubicon

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 761 posts
  • Joined: 05-March 14

Posted 27 January 2015 - 02:20 PM

 

 

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!



#90 Professor Wheezy

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPip
  • 649 posts
  • Joined: 03-April 12

Posted 27 January 2015 - 05:07 PM

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?


It's About Time




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users