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Wilson v. Cook County (Semi-Auto Gun Ban)


Tvandermyde

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  • 2 months later...

 

Wilson v. Cook County is not dead. Our attorney moved to voluntarily dismiss the case on July 28, about a week prior to when we were to go to court to set a trial date, because the judge was pushing for a date prior to Thanksgiving. The move allows us to refile within one year and pick up where we left off specifically meaning everything remains intact including the long, voluminous discovery we went through with witnesses all over the country.

 

The reason for this tactic is our attorney wants to wait for the 4th Circuit’s en banc decision in the Kolbe case. This is a critical step because the Kolbe case is about determining whether strict or intermediate scrutiny should be applied to the Maryland “assault weapons” ban.

 

Our attorney looked at the unfavorable decisions in Friedman, Shew and Heller II cases and realized moving forward at this time would not be in our best interest. Conversely, the possibility of a favorable decision by the 4th Circuit would be worth waiting for. If they decide to apply strict scrutiny to the Maryland ban it gives us a stronger case to argue the point that strict scrutiny should also be applied to the Cook County ban. And then there is also the simple reality that currently, with Scalia gone, SCOTUS isn't as friendly as it once was.

 

So Wilson is not dead; it's biding its time and we're crossing our fingers.

 

Refiled on the one-year deadline to do so yesterday:

https://www.courthousenews.com/illinois-gun-owners-revive-challenge-assault-weapon-ban/

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  • 8 months later...
  • 3 months later...

 

“The Second Amendment does not guarantee a private right to possess a type of weapon (such as a machine gun or a sawed-off shotgun) that the government would not expect citizens to bring with them when called to serve in the militia.”

 

So judge, what kind of weapon does the government expect citizens to bring with them to serve in the militia? A pellet gun?

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“The Second Amendment does not guarantee a private right to possess a type of weapon (such as a machine gun or a sawed-off shotgun) that the government would not expect citizens to bring with them when called to serve in the militia.”

So judge, what kind of weapon does the government expect citizens to bring with them to serve in the militia? A pellet gun?

 

Whatever kind isn't what you were caught with.

 

I'm sure Druid will weigh in on this soon.

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Isn’t this a state court case? Is the next step state supreme court?

We don’t want to rush up th food chain until Kavanaugh is seated.

I could be wrong, but I would think that if it were going to the state supreme court, that would've happened before the case went to US District court.

You’re correct it is already in federal court.

 

Even more reason to slow walk it until we get that scotus seat filled.

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He didnt have to.

 

He followed 7CA precedent. He is correct in that this case is very similar to Friedman.

 

There are only two fixes for this - gambling on SCOTUS or changing the legislature. SCOTUS will remain a gamble after Kavanaugh is placed until Ginsburg croaks. Assuming we hold the senate this November, which Im not feeling good about.

 

Or a third - move out of Illinois. If JB wins we will get more state wide restrictions.

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