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Shepard update 7/27 -- dismissed as moot


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#1 Tvandermyde

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Posted 26 July 2013 - 10:25 AM

guys I am starting this as a place holder in case something breaks loose today and we don't have to wade through pages of other stuff

Edited by Federal Farmer, 11 September 2013 - 11:48 AM.

While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#2 Tvandermyde

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Posted 26 July 2013 - 12:32 PM

Docket Text:
ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )

While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#3 TyGuy

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Posted 26 July 2013 - 12:34 PM

CA7 here we come?
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#4 cshipley92

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Posted 26 July 2013 - 12:35 PM

So Stiehl granted everything the state asked for?

7th here we come.
Frederick Douglas "A man's rights rest in three boxes. The ballot box, jury box and the cartridge box."

#5 RonOglesby - Now in Texas

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Posted 26 July 2013 - 12:36 PM

Holy crap. This is simply silly. the hate for guns drives these rulings. If it was VOTING or SPEECH or RECORDING a public official, or Illegal Searches! This would have have been different. If you dont believe that you are simply putting blinders on!
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#6 Illini_gun

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Posted 26 July 2013 - 12:37 PM

Well, not the news I was hoping for. Will this be going to the 7th Circuit?
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#7 cshipley92

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Posted 26 July 2013 - 12:37 PM

Wow, so he decided to ignore the order from the 7th to issue an injunction against the enforcement of the UUW/AUUW law.

He must enjoy being overturned by the higher courts. LOL
Frederick Douglas "A man's rights rest in three boxes. The ballot box, jury box and the cartridge box."

#8 RockerXX

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Posted 26 July 2013 - 12:39 PM

Well lets hope the 7th waste no time in slapping IL courts back down...

What weighs six ounces, sits in a tree and is very dangerous?
A sparrow with a machine gun!


#9 moon

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Posted 26 July 2013 - 12:40 PM

Docket Text:
ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )


Question on what I bolded in Red. Does this mean no FOID Carry?
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#10 TyGuy

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Posted 26 July 2013 - 12:40 PM

Well lets hope the 7th waste no time in slapping IL courts back down...

That's all this is. A game to waste more time for the people to have their rights denied. Oh well, disappointing, but what I expected nonetheless. Onwards and upwards.
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#11 jd11201

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Posted 26 July 2013 - 12:41 PM

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...

If he's overturned a second time, on a constitutional matter, any chance to pull a "Colorado"? (recall ala impeachment)

Edited by jd11201, 26 July 2013 - 12:44 PM.


#12 cshipley92

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Posted 26 July 2013 - 12:41 PM

Docket Text:
ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )


Question on what I bolded in Red. Does this mean no FOID Carry?


For the moment, pending the anticipated appeal to the 7th, yes.
Frederick Douglas "A man's rights rest in three boxes. The ballot box, jury box and the cartridge box."

#13 TyGuy

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Posted 26 July 2013 - 12:41 PM

No FOID carry
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#14 RockerXX

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Posted 26 July 2013 - 12:46 PM

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...


Yeah, I would hope... It's been common speculation around there that it was going back to the 7th, I can't see the speculation from the ISRA/NRA lawyers being any different, and I suspect a rough draft that will only need to be cleaned up is ready to go 7th, in fact I would expect filing nearly immediately...

What weighs six ounces, sits in a tree and is very dangerous?
A sparrow with a machine gun!


#15 Phatty

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Posted 26 July 2013 - 12:46 PM

Here's the order.

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#16 cshipley92

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Posted 26 July 2013 - 12:46 PM

No FOID carry


Not YET. LOL

We all knew this would end up back at the 7th for final disposition one way or another.

I just hope they move on it quickly.

How much time does the state have to file an answer to the ISRA's appeal of this decision?

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...


I would imagine so, although they will probably have to take a bit of time to answer his specific reasons for ruling the way he did.
Frederick Douglas "A man's rights rest in three boxes. The ballot box, jury box and the cartridge box."

#17 TyGuy

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Posted 26 July 2013 - 12:46 PM

I would love to see Posner lay the smack down, but IDK. I really don't have any feeling for which way he would rule.
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#18 bmyers

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Posted 26 July 2013 - 12:47 PM

How can a lower court dismiss an upper courts ruling? I don't understand. Can someone give me some clarification?

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#19 TyGuy

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Posted 26 July 2013 - 12:49 PM

How can a lower court dismiss an upper courts ruling? I don't understand. Can someone give me some clarification?

They didn't. Basically they said the new FCCA law takes the place of the old UUW law so there has to be a new case as the current one dealt with the unconstiutionality of the old UUW law.
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#20 C0untZer0

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Posted 26 July 2013 - 12:51 PM

Myerscough's ruling will be the same...
“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
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#21 TyGuy

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Posted 26 July 2013 - 12:52 PM

Myerscough's ruling will be the same...

Probably, but it's worth the paperwork to find out. I'll be shocked if anything happens before 2014, but it's worth the good ol college try ain't it?
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#22 bmyers

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Posted 26 July 2013 - 12:53 PM

So there is no UUW anymore in Illinois?

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#23 POAT54

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Posted 26 July 2013 - 12:54 PM

I really get lost with all this legalese. What really concerns me is if the "new law" moots the claim. What prevents the GA from changing the law, re install a total ban? Yes the law is in place, but no permits for months.

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#24 Phatty

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Posted 26 July 2013 - 12:54 PM

Even when expecting bad news, it's still disappointing when it comes. Judge Stiehl's order was painful to read and shows that he just doesn't get it.

#25 TyGuy

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Posted 26 July 2013 - 12:56 PM

I really get lost with all this legalese. What really concerns me is if the "new law" moots the claim. What prevents the GA from changing the law, re install a total ban? Yes the law is in place, but no permits for months.

I was thinking that.

IL passes a new UUW law that then has to be challenged and found unconstitutional. Then they pass a new new UUW law that then has to be challenged and found unconstitutional, etc....

That would be fun to watch. I don't think it'll happen.
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#26 AlphaKoncepts aka CGS

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Posted 26 July 2013 - 12:58 PM

... and people ask me why I am always in a bad mood. When will my wife let me leave this state?

-Thomas

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#27 Macster

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Posted 26 July 2013 - 12:58 PM

How can a lower court dismiss an upper courts ruling? I don't understand. Can someone give me some clarification?


That's not what occurred.

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#28 TyGuy

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Posted 26 July 2013 - 12:59 PM

... and people ask me why I am always in a bad mood. When will my wife let me leave this state?

Yours and mine can stay. You and me buddy, like Lewis and Clark. We're off to explore.

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Edited by TyGuy, 26 July 2013 - 01:00 PM.

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#29 supprmann

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Posted 26 July 2013 - 01:03 PM

Why does this NOT surprise me???? And to think......I didn't drink, smoke, nor cuss....prior to moving here....

#30 Nic

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Posted 26 July 2013 - 01:09 PM

The ruling didn't matter because either way it was ruled, the motion would've been appealed to the CA7. What matters is that a ruling was issued instead of being pocketed.