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Meyers vs Schmitz


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#31 kwc

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Posted 26 December 2015 - 07:37 AM

The motion for an extension will say something about excessive case load, vacations, holidays, need more time to research this complex issue, blah blah blah.
"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)

#32 jmeyers

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Posted 04 January 2016 - 04:14 PM

IL AG asked for 14 days, so calendar is reset to around the 15th-20th of January for their initial appearance/motion to dismiss  :)


Edited by jmeyers, 04 January 2016 - 04:14 PM.


#33 LannyH

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Posted 04 January 2016 - 09:41 PM

What gets me is he has been though all the background checks and had one so he should have got a nonresident



#34 Gamma

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Posted 05 January 2016 - 12:44 AM

he should have got a nonresident

There is no such thing as a "nonresident license" in the FCCA. There are different application processes, but no distinction in the license.


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

#35 jmeyers

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Posted 14 January 2016 - 07:23 AM

Today is the filing deadline for their Answer.  Waiting in anticipation of the wonderful BS that will be spewed



#36 kwc

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Posted 14 January 2016 - 09:37 AM

It's kind of like waiting to find out if you won the Powerball, isn't it? Then again...
"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)

#37 lockman

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Posted 15 January 2016 - 11:58 AM

Today is the filing deadline for their Answer.  Waiting in anticipation of the wonderful BS that will be spew

 

Did they meet the deadline?


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#38 jmeyers

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Posted 15 January 2016 - 07:43 PM

They provided it to us this afternoon.  For everyone's enjoyment,  a new line of BS

Attached Files



#39 bmyers

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Posted 15 January 2016 - 07:49 PM

So they needed 15 extra days to type up a two page document? No wonder it takes them 90 days to print the FCCL. 



#40 jmeyers

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Posted 15 January 2016 - 07:52 PM

Extra 22 days



#41 Gamma

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Posted 16 January 2016 - 04:00 AM

They provided it to us this afternoon.  For everyone's enjoyment,  a new line of BS

Their point #3 is incorrect. Qualifications for a license are in 430 ILCS 66/25, not 430 ILCS 66/40 which solely deals with applications.


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

#42 MrTriple

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Posted 19 January 2016 - 08:33 PM

For the sake of being the Devil's Advocate, but doesn't the state have a good chance of winning this? As far as I know, there aren't any laws stating that a state has to issue a license to a non-resident, and indeed many don't.
"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

#43 jmeyers

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Posted 20 January 2016 - 06:20 AM

MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out.  They broke multiple Administrative Law rules



#44 Talonap

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Posted 20 January 2016 - 10:50 AM

MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out.  They broke multiple Administrative Law rules

 

Just wondering, didn't you know before-hand that the permit would be revoked when you left the state? I thought that was in the statutes.


Edited by Talonap, 20 January 2016 - 10:50 AM.


#45 kwc

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Posted 20 January 2016 - 10:52 AM


MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out.  They broke multiple Administrative Law rules


 
Just wondering, didn't you know before-hand that the permit would be revoked when you left the state? I thought that was in the statutes.


The "substantially similar" language applies to applicants for an Illinois license. The statute does not allow the ISP to revoke a license once someone no longer resides in Illinois or in one of the approved states.

I believe the ISP has even revoked licenses for IL residents who move to a substantially similar state, and requires those individuals to reapply if they want an IL CCL. Nothing in the statute allows the ISP to cancel their licenses, either.
"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)

#46 Gamma

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Posted 21 January 2016 - 05:00 PM

For the sake of being the Devil's Advocate, but doesn't the state have a good chance of winning this? As far as I know, there aren't any laws stating that a state has to issue a license to a non-resident, and indeed many don't.

The Supreme Court disagrees with you.

http://illinoiscarry...e=4#entry870654

They just haven't specifically applied it to this context yet.

 

Just because many states are doing something doesn't mean it's Constitutional. And many states have unlicensed open carry so their permitting processes for concealed carry will likely escape Constitutional scrutiny.


Edited by Gamma, 21 January 2016 - 05:01 PM.

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

#47 jmeyers

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Posted 22 January 2016 - 06:44 PM

Hearing has been scheduled for Tuesday Mar 1 @ 1130.  I can't disclose what we are doing yet but it should be phenomenal for all out of state residents :)



#48 fugawee

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Posted 03 February 2016 - 04:52 PM

Hearing has been scheduled for Tuesday Mar 1 @ 1130.  I can't disclose what we are doing yet but it should be phenomenal for all out of state residents :)

 

Can you message me,

I can keep a secret :laugh:

 

Very interesting approach.

I wish you good luck,



#49 1911Pauly

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Posted 08 February 2016 - 01:15 PM

Can't wait to hear. Planning on moving to indiana this year.

This is very pertinent to my interests

#50 AuroraInstructor

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Posted 20 February 2016 - 11:52 PM

I am missing something. If you are no longer an Illinois resident, aren't you ineligible for a FOID card and therefore ineligible for a License to Carry?

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#51 chislinger

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Posted 21 February 2016 - 03:54 PM

I am missing something. If you are no longer an Illinois resident, aren't you ineligible for a FOID card and therefore ineligible for a License to Carry?

Only Illinois residents need a FOID.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#52 jmeyers

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Posted 22 February 2016 - 11:19 AM

We have filed a Objection to their Motion to Remand.  Will post it here as soon as its filed publicly.

 

Interesting as well, this little gem has popped up

http://www.ilga.gov/...sionID=88&GA=99



#53 AuroraInstructor

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Posted 22 February 2016 - 11:25 AM

We have filed a Objection to their Motion to Remand.  Will post it here as soon as its filed publicly.

 

Interesting as well, this little gem has popped up

http://www.ilga.gov/...essionID=88&GA=L

 

Let's hope it has legs!


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#54 1911Pauly

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Posted 22 February 2016 - 12:19 PM

We have filed a Objection to their Motion to Remand.  Will post it here as soon as its filed publicly.
 
Interesting as well, this little gem has popped up
http://www.ilga.gov/...sionID=88&GA=99


Very cool!

#55 jmeyers

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Posted 24 February 2016 - 10:40 AM

For those of you who are interested, heres the Objection to Motion for Remand that we filed on 2/19.

 

Hearing is set for March 1 at 1130am CT and I believe MollyB may be coming to join in the peanut gallery :)

Attached Files



#56 AuroraInstructor

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Posted 24 February 2016 - 10:53 AM

I like it!


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#57 Gamma

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Posted 24 February 2016 - 01:49 PM

Excellent, hits all the high points that I've been making about these "cancellations". Especially appreciate the direct challenge of the lawfulness of their administrative hearing/appeals procedures as that's a problem in many circumstances.


Edited by Gamma, 24 February 2016 - 01:51 PM.

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

#58 jmeyers

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Posted 24 February 2016 - 01:57 PM

There was a lot of thought put into the objection by Attorney Draper, another attorney from a 3 letter organization and myself.  Lots and lots of drafts and this was the final result :)


Edited by jmeyers, 24 February 2016 - 02:05 PM.


#59 spec5

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Posted 26 February 2016 - 11:56 AM

Excellent, hits all the high points that I've been making about these "cancellations". Especially appreciate the direct challenge of the lawfulness of their administrative hearing/appeals procedures as that's a problem in many circumstances.


This. Wish him the best and I know March 1st seems like a long way away when you are waiting. Having Valinda there will help.
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#60 jmeyers

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Posted 26 February 2016 - 01:30 PM

Spending the weekend with friends, not going to worry about it til Tuesday :)  Tuesday will be a different story and Ill be on pins.  Hope to meet Valinda Tuesday!






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