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People v. Brown - FOID ruled unconstituional in IL District Court


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#121 stockboyy

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Posted 19 April 2019 - 10:52 AM

Well the Personal Photo sent with the appl.

 can sometimes fill in the info.



#122 InterestedBystander

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Posted 24 April 2019 - 05:57 PM

http://www.illinoisc...2019/031219.pdf

124100

People State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court (White).

Motion by Appellant for an extension of time for filing appellant's brief to and including April 26, 2019. Allowed. Final extension.

Order entered by Chief Justice Karmeier...
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#123 AlphaKoncepts aka CGS

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Posted 26 April 2019 - 04:15 PM

Any news on the brief due today?

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#124 InterestedBystander

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Posted 26 April 2019 - 05:02 PM

Any news on the brief due today?

Havent seen anything posted at http://illinoiscourts.gov

Edited by InterestedBystander, 26 April 2019 - 05:03 PM.

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#125 Bird76Mojo

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Posted 26 April 2019 - 06:28 PM

When is the deadline?

Someone drop the ball?


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#126 Euler

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Posted 26 April 2019 - 06:53 PM

When is the deadline?

Someone drop the ball?


The deadline to file briefs was end of the day today. Just because it's not on the website yet doesn't mean it didn't happen.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

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#127 Molly B.

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Posted 26 April 2019 - 08:29 PM

Today was the deadline for the State to file its brief, Ms. Brown's response brief will be due May 31.


"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

#128 InterestedBystander

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Posted 30 April 2019 - 03:45 PM

AG Brief filed. (Can anyone find a direct link to this on the Illinois Court Sight? I cant find it there)

Attached Files


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#129 Flynn

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Posted 30 April 2019 - 08:40 PM

Using the State's argument, poll taxes and a licence to vote that required payment and a background check (to verify you were eligable) would also be permissable, as would a fee and license to go to church.  Funny how the government wants to apply different standards to different rights.


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#130 bcook619

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Posted 01 May 2019 - 10:51 AM

Reading the States Brief and looking at the sited cases, we will lose this case. They are right, courts have not ruled other more expensive schemes unconstitutional so how can this be? Also, the judge did make up an entire argument about the on their person thing. Wouldn't go getting hopes up just yet.



#131 bmyers

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Posted 01 May 2019 - 11:29 AM

I find it interesting that they us New York License requirements in the defense of the FOID since it is currently under review by SCOTUS.

 

 

Delgado v. Kelly, 127 A.D.3d 644 (N.Y. App. Div. 2015) (New York licensing requirement to possess handgun in home did not violate Second Amendment); People v. Perkins, 62 A.D.3d 1160 (N.Y. App. Div. 2009) (New York’s firearm licensing regulations did not violate Second Amendment


Edited by bmyers, 01 May 2019 - 11:30 AM.

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#132 Flynn

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Posted 01 May 2019 - 02:57 PM

I find it interesting that they us New York License requirements in the defense of the FOID since it is currently under review by SCOTUS.

 

I wonder if this could cause this case to stall as the court awaits on the SCOTUS decission, these mostly mundane cases pending before the SCOTUS could turn out to be 2nd game changers.


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#133 InterestedBystander

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Posted 02 May 2019 - 09:37 AM

I am not overly optimistic on this overturning FOID, but even if not upheld, might this get better service from the ISP in terms of an available paper form process, customer service answering calls, fixing account problems, faster processing, addressing missing cards, etc if the state response is claiming there is no burden to obtaining a FOID?

..."applicants for a FOID card must fill out a form, provide a photo ID, and pay a ten-dollar processing fee. These requirements necessary to the administration of the States legitimate prohibition against possession of
firearms by felons and the mentally ill do not unduly burden the exercise of ones constitutional rights."...

Edited by InterestedBystander, 02 May 2019 - 09:40 AM.

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#134 Davey

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Posted 02 May 2019 - 09:44 AM

I am not overly optimistic on this overturning FOID, but even if not upheld, might this get better service from the ISP in terms of an available paper form process, customer service answering calls, fixing account problems, faster processing, addressing missing cards, etc if the state response is claiming there is no burden to obtaining a FOID?


L. O. L.

#135 InterestedBystander

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Posted 02 May 2019 - 09:46 AM

I am not overly optimistic on this overturning FOID, but even if not upheld, might this get better service from the ISP in terms of an available paper form process, customer service answering calls, fixing account problems, faster processing, addressing missing cards, etc if the state response is claiming there is no burden to obtaining a FOID?


L. O. L.
OK, OK...I was looking for some positive out of it!
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#136 hunter68

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Posted 02 May 2019 - 09:09 PM

"The right of the people to keep and bear arms shall not be infringed" is pretty clear. And clearly our right to bear arms is being infringed upon so we should get our hopes up and support this! I have an 18 year old daughter who is an enlisted marine that has waited for a foid card approval number for 5 months. This state is infringing any way that it can. Illinois is in clear violation of our 2nd amendment rights. We really need to spread the news of this and do anything we can to make sure it happens. My daughter is prepared to give her life for this country, the least we can do is honor those who gave their life for this right...






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