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People v. Mosley Cook Co. AGUUW


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How about someone that lost their job, lost their house and is now homeless living in their car. They can't get a FOID either because they don't have a permanent address ??

How about a pregnant woman who has an order of protection, lost her job and her house, living in her car, just broke her arm, has a cold, broke her glasses and is out of chocolate. ( :flowers: )

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How about someone that lost their job, lost their house and is now homeless living in their car. They can't get a FOID either because they don't have a permanent address ??

How about a pregnant woman who has an order of protection, lost her job and her house, living in her car, just broke her arm, has a cold, broke her glasses and is out of chocolate. ( :flowers: )

 

And to think I was trying to be serious for a change. :console:

 

I think there are a lot of reasons the FOID card is discriminatory against individuals. My example above is another instance where the homeless can't get a FOID and does help make the argument for equal protection.

 

Talonap, I did get a chuckle out of your response. :cool:

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Nice to see Rich on Capitol Fax reporting on this ruling and crediting where he got a copy of the ruling as if he went to the courthouse himself, paid for parking and the fee for the copy of the ruling. ;) (IDC if he said me, but it'd be nice if he credited this site since that's the reason I put in the effort to get it (for everyone here and this site's benefit).)

 

BTW, I think Mosley had a public defender if I saw what I thought I saw in the files correctly.

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Nice to see Rich on Capitol Fax reporting on this ruling and crediting where he got a copy of the ruling as if he went to the courthouse himself, paid for parking and the fee for the copy of the ruling. ;) (IDC if he said me, but it'd be nice if he credited this site since that's the reason I put in the effort to get it (for everyone here and this site's benefit).)

 

He didn't even take the time to proofread what he copied and pasted, the OCR errors in the Word doc that I quickly made from your PDF scans (and pointed out had errors) are directly copied on the blog complete with the errors...

 

BTW thanks for getting the copies, I know how much of a hassle it is, even if it's easy to do, as I have done it several times myself...

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i'm still not understanding what this really means for us. pm me if need to be.

 

Well the short of it as it stands this Judge said the sentencing provisions as written for UUW and AUUW are unconstitutional, and also suggest the FOID act is unconstitutional in itself...

 

Where that goes and how far it goes is yet to be determined, but the ruling as is appears to be very much in our favor...

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i'm still not understanding what this really means for us. pm me if need to be.

 

Well the short of it as it stands this Judge said the sentencing provisions as written for UUW and AUUW are unconstitutional, and also suggest the FOID act is unconstitutional in itself...

 

Where that goes and how far it goes is yet to be determined, but the ruling as is appears to be very much in our favor...

wow, ok thanks. so i guess we could know get rid of it than?
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wow, ok thanks. so i guess we could know get rid of it than?

 

No, the decision will likely bounce around appeals courts for several years now before anything real happens, and then I suspect that the State of Chicago will say they are exempt from following court rulings...

or they will come up with a new foid card look alike and rename it.
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i'm still not understanding what this really means for us. pm me if need to be.

This case has the potential to get rid of the FOID card and here is why.

The way the FOID card application process no under 21 years of age can aquire a FOID card without their parents signed permission and since he was of legal age but under 21 he was forced to excerise his rights without a FOID card and as a result was arrested for AGUUW but if he was a non resident he might not have been arrested.

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i'm still not understanding what this really means for us. pm me if need to be.

This case has the potential to get rid of the FOID card and here is why.

The way the FOID card application process no under 21 years of age can aquire a FOID card without their parents signed permission and since he was of legal age but under 21 he was forced to excerise his rights without a FOID card and as a result was arrested for AGUUW but if he was a non resident he might not have been arrested.

 

And since we are all supposed to be equal, once we turn 18, under the law, the current FOID law FORCED him to become a criminal. Therefore the law is unconstitutional. This was what the judge was saying in his ruling if I read it right.

 

And since the FOID law doesn't have a severability clause when one part of it is unconstitutional the whole becomes unconstitutional. However, this judge ruled ONLY on the AGUUW charge and while he pointed out the discrepancies in the law I didn't see where he made any sort of ruling on the FOID act itself.

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Lack of a severability clause in a statute such as this is an indicator that it was hastily drafted and rammed through. Remember, the individual mandate contained within ObamaCare has no severability clause yet SCOTUS wasn't even prepared to strike down the entire law. It wasn't even argued on...it should have been but wasn't because the attorneys for the plaintiff were, eh I dunno.

 

What really impresses me about this case is that defendant's counsel is a PD. Cook County PD nonetheless so I'm shocked to see that a PD actually decided not to push a plea agreement and busted his or her posterior because it took some serious legwork to find this little problem with the FOID Act since being 18-20 is not an affirmative defense.

 

Sent from my SCH-R530U using Tapatalk 2

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Nice to see Rich on Capitol Fax reporting on this ruling and crediting where he got a copy of the ruling as if he went to the courthouse himself, paid for parking and the fee for the copy of the ruling. ;) (IDC if he said me, but it'd be nice if he credited this site since that's the reason I put in the effort to get it (for everyone here and this site's benefit).)

 

BTW, I think Mosley had a public defender if I saw what I thought I saw in the files correctly.

 

Well, we here will give credit where credit is due. Thanks a ton. All it takes is getting up outta your chair and saying "I'm mad as heck and I;m not gonna take it anymore"

And I'm glad to be in the presense of those who have done exactly that. Thanks again

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I will just say......

 

 

I try and try and try to keep up with all of this, read it all, understand it, boil it down and try and apply it to common everyday life as I know it and none of it sticks. I am no ding dong either, I don't think at least.

 

My hat is off to all of you here and out there that can digest this stuff, understand it, remember it and then apply it and formulate plans to either back it or thwart it.

 

I wish we could have coffee clatches or beer meets to have private discussion on all of this to help some of us "non-legal types" or those that have a hard time understanding it all actually "catch up" a bit and make SOME sense of it all.

 

Until then, thank you all for everything you do. This is not to one person but to all of you. If you feel it applys, pat yourself on the back. :)

 

Brian

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I will just say......

 

 

I try and try and try to keep up with all of this, read it all, understand it, boil it down and try and apply it to common everyday life as I know it and none of it sticks. I am no ding dong either, I don't think at least.

 

My hat is off to all of you here and out there that can digest this stuff, understand it, remember it and then apply it and formulate plans to either back it or thwart it.

 

I wish we could have coffee clatches or beer meets to have private discussion on all of this to help some of us "non-legal types" or those that have a hard time understanding it all actually "catch up" a bit and make SOME sense of it all.

 

Until then, thank you all for everything you do. This is not to one person but to all of you. If you feel it applys, pat yourself on the back. :)

 

Brian

 

I may not have perfect knowledge on everything but I do get the gist of it all. Hey i'm always up for a beer and a talk lol. Don't even have to talk.

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Hey I'm in west-central IL, I'm down for a beer and some legal jargon...or just a beer heh. Actually ran into a fellow forum member at a (not so local) LGS I wanna say last week while I was conducting "extracurricular activities" aka primer hunting. I apologize I don't remember (your) screen name...I'm HORRIBLE with names, gotta hear it 3x to stick.

 

Sent from my SCH-R530U using Tapatalk 2

 

 

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Hey I'm in west-central IL, I'm down for a beer and some legal jargon...or just a beer heh. Actually ran into a fellow forum member at a (not so local) LGS I wanna say last week while I was conducting "extracurricular activities" aka primer hunting. I apologize I don't remember (your) screen name...I'm HORRIBLE with names, gotta hear it 3x to stick.

 

Sent from my SCH-R530U using Tapatalk 2

 

I ran into one at the local farm and home store, but can't remember his moniker either. He was putting a "Judge" on layaway. :D He said he's beginning to have trouble with his eyesight and wanted something he knew he could hit with. :devil:

 

I'm in Jacksonville, BTW. :)

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I ran into one at the local farm and home store, but can't remember his moniker either. He was putting a "Judge" on layaway. :D He said he's beginning to have trouble with his eyesight and wanted something he knew he could hit with. :devil:

 

IMO the Judge is a novel firearm that would serve quite well as an in vehicle firearm or even as a basic home protection firearm... I would hazard having it as a primary carry weapon especially if loaded with buckshot as the potential for collateral damage in a public place jumps, loaded with 45 long colt it's just another revolver and a big heavy one at that...

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I ran into one at the local farm and home store, but can't remember his moniker either. He was putting a "Judge" on layaway. :D He said he's beginning to have trouble with his eyesight and wanted something he knew he could hit with. :devil:

 

IMO the Judge is a novel firearm that would serve quite well as an in vehicle firearm or even as a basic home protection firearm... I would hazard having it as a primary carry weapon especially if loaded with buckshot as the potential for collateral damage in a public place jumps, loaded with 45 long colt it's just another revolver and a big heavy one at that...

It should be fine if using PDX1 shotshells since they have tight patterns.
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It should be fine if using PDX1 shotshells since they have tight patterns.

 

Tighter no doubt but not tight... This guys hand on suggest that 5 of the BBs missed the body mass at 35 feet in a controlled test at likely was a calm center mass aim... IMO that is still a lot of potential collateral damage in a public place, a few inches either way of center mass and even more BBs will escape... Not, knocking the round it has a lot more accuracy then regular buckshot but those BBs are still going all willy nilly and unpredictable unless you are right on top of the target...

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