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ISRA vs ISP FOID delays; Case hearing now Jan 15, 2021 (updated)


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#1 InterestedBystander

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Posted 19 December 2020 - 10:21 PM

Full article at link...

https://www.thecente...5fe9a2bee7.html

...(The Center Square) Illinoisans whove been waiting months to get their Firearm Owner Identification Cards could find some relief if a federal judge grants an injunction against the Illinois State Police on Tuesday.

One of the many cases filed in state and federal courts over the states gun laws deals with the delay in FOID card applications being processed.

The complaint was filed this summer in federal court by residents of the state alongside a couple of gun-rights groups and requests the court declare the delays violated the Second Amendment. It also asks the court to recognize its a violation of the defendant's Fourteenth Amendment due process rights.


ISP has said theyre working through the backlog, but theres been an explosion of applications during the pandemic, but the delays and backlogs were around before the pandemic. The agency recently reported an average wait of 121 days and a backlog of 145,000 FOID cards.

Illinois State Rifle Association Executive Director Richard Pearson said the latest filing in the case initiated this summer will be heard Tuesday requesting a judge order the state police to issue the FOID cards within the 30-day time limit as required by law.

The delays are detrimental to peoples rights, Pearson said.

They cant purchase a firearm, they cant purchase ammunition, Pearson said. Weve had calls they go in there with a letter, they say its not valid so they cant buy anything.

Illinois State Police have said through emergency administrative rules they have made expired FOID cards valid during the renewal process. Pearson said thats not enough.


If you show a firearm dealer an invalid FOID card with a nice note from the state police, they dont care, Pearson said.

Pearson said he hopes the judge issues an injunction against ISP.

It would mean that the state police have to get there and they have to issue these cards, Pearson said....

Edited by InterestedBystander, 21 December 2020 - 08:40 PM.

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#2 2A4Cook

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Posted 20 December 2020 - 01:04 AM

Such are the problems when you have to apply for an ID card for permission to exercise your Constitutional right.  Oh, the cries that would be heard if one had to have a state card and pay a fee to enter a mosque, church or synagogue.  Aren't these the same hypocrites who cry that having to show a drivers license or state ID to vote is a "poll tax?"  How have they gotten away with this for over half a century???



#3 Redlin

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Posted 20 December 2020 - 04:53 AM

Good.I hope the courts order the 30 day limit to be enforced.Then the ISP says or proves that it can't be done.Then the courts finally abolish the whole system.


Arms discourage and keep the invader and plunderer in awe, and preserve order in the world... Horrid mischief would ensue were the law-abiding deprived of the use of them.

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#4 ScopeEye

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Posted 20 December 2020 - 08:55 AM

VOID the FOID...



#5 2A4Cook

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Posted 20 December 2020 - 12:04 PM

Good.I hope the courts order the 30 day limit to be enforced.Then the ISP says or proves that it can't be done.Then the courts finally abolish the whole system.


I really wish that were true, but I think that monkeys would fly out of my butt first.

#6 Rangerdeepv

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Posted 20 December 2020 - 01:31 PM

Ding-a-Ling Julie Morrison saying Fix the FOID will speed this up? Amazing................the whole gun control scheme should be abolished.



#7 Redlin

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Posted 20 December 2020 - 01:33 PM

 

Good.I hope the courts order the 30 day limit to be enforced.Then the ISP says or proves that it can't be done.Then the courts finally abolish the whole system.


I really wish that were true, but I think that monkeys would fly out of my butt first.

 

I know,but it's a 40+ year old dream I've been having.Abolishing the system I mean,not the monkeys flying stuff.


Arms discourage and keep the invader and plunderer in awe, and preserve order in the world... Horrid mischief would ensue were the law-abiding deprived of the use of them.

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#8 Molly B.

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Posted 21 December 2020 - 04:18 PM

Originally, the hearing was set for Tuesday, Dec. 22nd, but now the hearing is scheduled for Jan. 15, 2021. The Injunction was filed in the UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION.


"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

#9 crufflesmuth

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Posted 21 December 2020 - 07:59 PM

An injunction from not being required to possess a FOID would be awesome.



#10 cope

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Posted 21 December 2020 - 08:35 PM

Sadly ironic that a case about delays has itself been delayed..... our government in action



#11 2A4Cook

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Posted 21 December 2020 - 08:47 PM

Sadly ironic that a case about delays has itself been delayed..... our government in action


I shudder to think of what the courts' backups will be IF these shutdowns ever end.

#12 NakPPI

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Posted 22 December 2020 - 09:33 AM

If the court were to grant the injunction, the state would likely be forced to spend the money to comply with the existing law. If the State failed to comply, it would be followed by a what's called a Rule to Show Cause hearing (contempt) due to failure of the State to comply with the injunction. Rule to Show cause hearings can be nasty, it puts the party that failed to comply with the Court's order at the mercy of the court. Would the court enjoin the actual enforcement of the FOID card? That's unlikely, but just like everything else in Illinois, a rule to show cause order can be used as a club to wield against the legislature to address problems. 


Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.

#13 Plinkermostly

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Posted 23 December 2020 - 09:20 AM

"FOID cards sentenced to community service for contempt."



#14 Tip

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Posted 23 December 2020 - 10:09 AM

If the court were to grant the injunction, the state would likely be forced to spend the money to comply with the existing law. If the State failed to comply, it would be followed by a what's called a Rule to Show Cause hearing (contempt) due to failure of the State to comply with the injunction. Rule to Show cause hearings can be nasty, it puts the party that failed to comply with the Court's order at the mercy of the court. Would the court enjoin the actual enforcement of the FOID card? That's unlikely, but just like everything else in Illinois, a rule to show cause order can be used as a club to wield against the legislature to address problems. 


Unfortunately, to address the problems, the legislature could simply remove the timelines from the law. Make the law state that the card would be issued “upon completion” of all checks...
Doesn’t accomplish much other than to kick the can further down the road. Would require new lawsuits to address....
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#15 Robert9999

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Posted 23 December 2020 - 04:44 PM

Just a thought don’t give the state ideas!



#16 NakPPI

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Posted 23 December 2020 - 05:30 PM

Then you would get a 2A challenge to the entire act because it would allow the denial of 2A rights indefinitely by the state police. Such a law would be "too cute by half" as stated in Ezell.
Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.

#17 FordV8

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Posted Yesterday, 07:39 PM

Anyone hear any update on this case? Surprised there hasn't been any news since the hearing was delayed.

#18 mab22

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Posted Yesterday, 10:20 PM

Just guessing but.... 
The dog probably ate the states filing and they need another couple of months to redo it, and will undoubtedly require another extension of 2 to 3 months. 


Void the FOID!

#19 Flynn

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Posted Today, 02:16 AM

Just guessing but.... 
The dog probably ate the states filing and they need another couple of months to redo it, and will undoubtedly require another extension of 2 to 3 months. 

 

Appears there was a filing on on the 14th (a day early) probably the states reply or another motion by the state to delay.  My PACER account was cancelled awhile back and I'm too lazy to setup another so this is all I have the document might not have even been uploaded to PACER yet.

 

https://www.courtlis...radley-v-kelly/

 

isp.jpg


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#20 hceuterpe

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Posted Today, 11:54 AM

NOTICE by Jarod Ingebrigtsen, Brendan F. Kelly re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jarod Ingebrigtsen, Brendan F. Kelly 61, memorandum in support of motion 62 (Johnston, Mary) (Entered: 01/11/2021)

 

 

67 Jan 15, 2021 RESPONSE by Jarod Ingebrigtsen, Brendan F. Kellyin Opposition to MOTION by Plaintiffs Illinois State Rifle Association, John M. Marszalek, Second Amendment Foundation, Inc. for preliminary injunction 47 (Attachments: # 1 Exhibit Exhibit A, # 2 Notice of Filing)(Johnston, Mary) (Entered: 01/15/2021) Buy on PACER 68 Jan 15, 2021

MOTION by Defendants Jarod Ingebrigtsen, Brendan F. Kelly for leave to file excess pages (UNOPPOSED) (Attachments: # 1 Notice of Filing Notice of Filing)(Johnston, Mary) (Entered: 01/15/2021)

 

 

The first motion basically is that they are trying to dismiss the case because it's frivolous, typical examples:

  • The plaintiff is alleging conduct that does not amount to a violation of law
  • The plaintiff has failed to list all of the elements of proof for the violation
  • No measurable injury has actually been indicated in the complaint

The motion recent motion appears to be to basically stall to read the latest amended complaint, which was way back in November.  

 

 

Probably what they are doing is Kelly and the AG attorney assigned to the defendants are going back to the FSB and telling them to quickly issue the cards listed in complaint.  Then they come back and say there's no case because the injured parties have already received their FOID cards.  Then ISRA ends up going back to amend the complaint again, looking for more names to add.  Same tactic as the Thomas vs ISP case.


Edited by hceuterpe, Today, 11:55 AM.


#21 FordV8

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Posted Today, 12:29 PM

Thanks for reviewing and the explanation!




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