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


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#31 mikew

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Posted 21 March 2019 - 01:33 PM

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?

To operate a radio transmitter.



#32 herrmannd

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Posted 21 March 2019 - 02:00 PM

 

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?

To operate a radio transmitter.

 

 

That is federal, if I'm not mistaken.



#33 herrmannd

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Posted 21 March 2019 - 02:03 PM

Oh and back on the topic. This is great progress. Thanks for the update Molly.

 

P.S. Could you check my supporting member status.



#34 stockboyy

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Posted 21 March 2019 - 02:07 PM

GOOD NEWS

This is Long----------------Long Over-Due.



#35 Glock23

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Posted 21 March 2019 - 03:02 PM

Constitutional protected rights don't end at your doorway threshold, so if even if the wording of a final ruling is narrow it should be easy to expand upon.  And even in the interm a ruling that no FOID is needed to own/possses guns in your residence is a HUGE step forward in this state.

Yes, but until the FOID is gone completely, it's still a roadblock.

So I don't need a FOID to have a gun at home, but without a FOID, I still can't go out and buy one, legally transport it to/from a range to practice, etc.
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#36 357

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Posted 21 March 2019 - 03:04 PM

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?

To operate a radio transmitter.

Operating a radio transmitter has to do with Federally regulated frequencies and electronic equipment and high voltages. Not the same thing and not free speech or right which shall not be infringed.
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#37 InterestedBystander

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Posted 21 March 2019 - 03:05 PM

Out of curiousity, do we know what happened that got her charged?
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#38 Mr. Fife

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Posted 21 March 2019 - 03:10 PM


 


Great news.  What other Constitutionally protected right do you have to pass a test and pay for?


To operate a radio transmitter.
 


 
That is federal, if I'm not mistaken.

The feds don't charge for an amateur radio license. Any fees are for the test and are charged by a Volunteer Examiner Coordinator. Find a VEC who will do it for free, and you're good to go. I'm not sure about other radio licenses though.
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#39 357

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Posted 21 March 2019 - 03:23 PM

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?


Having to pay and ask for permission from the ISP makes it a privilege and is treated by politicians in this state as a privilege which can easily be revoked by the ISP and in some cases the right has been taken away for traffic offenses which have been discussed on this board.

Can't wait for the Supreme Court to invalidate all these Unconstitutional laws paid by the anti Constitutional rights people who want total control.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#40 Hipshot Percussion

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Posted 21 March 2019 - 03:52 PM

Molly, is there any need to start a GoFundMe to help in this effort?  I'm sure there a lot of people here who would be willing to kick in a few bucks - myself included


Edited by Hipshot Percussion, 21 March 2019 - 03:53 PM.

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#41 357

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Posted 21 March 2019 - 04:06 PM

I'm ready to contribute.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#42 Bird76Mojo

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Posted 21 March 2019 - 04:20 PM

Now that I think about it, this could potentially have some far reaching effects. Such as anyone that gets "red flagged" having to turn their guns in to the police if their significant other doesn't have a FOID. 


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#43 steveTA84

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Posted 21 March 2019 - 04:59 PM

Interesting on the date of the ruling. Just so happens to be 2/14/18 (date of Parkland shooting, which has turned into the biggest gun control push ever)

#44 steveTA84

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Posted 21 March 2019 - 05:18 PM

Someone from out of state sees it exactly for what it is

P6Ps7KA.jpg
JAGbhc4.jpg

#45 steveTA84

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Posted 21 March 2019 - 05:29 PM

Someone from out of state sees it exactly for what it isP6Ps7KA.jpgJAGbhc4.jpg



FYI (you know who you are. Thank you for the suggestion)

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#46 Tvandermyde

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Posted 21 March 2019 - 06:57 PM

A motion to appeal was filed on 11/20/18. 

An extension was requested on 1/23/19

Another extention was requested on 3/12/19 with the court saying this is the final extension briefs due on 4/26

 

Then there will be the reply brief from the defandant and then, there will be a reply from the state to which they will dawdel and most likely ask for an extension. So may not get before the Court till October. Right about the time New York is being heard. So depending, we could go up after New York. And have the benefit of those orals. and depending on how long delayed, could even see a ruling in the interum. 

this may toss a monkey wrench into some of those things going on at the capitol. 


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#47 Rangerdeepv

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Posted 21 March 2019 - 07:52 PM

Two pieces of good news in one day with regard to 2A?

WOW!



#48 McCroskey

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Posted 21 March 2019 - 08:19 PM

Top notch work!  I'm glad we're helping her out with a new attorney and it's a shame the old one is retiring, sounds like they're great whoever they are.


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#49 Molly B.

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Posted 21 March 2019 - 08:22 PM

Molly, is there any need to start a GoFundMe to help in this effort?  I'm sure there a lot of people here who would be willing to kick in a few bucks - myself included


Rather than a go fund me, we would rather see donations to IllinoisCarry marked Brown case.
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#50 quackersmacker

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Posted 21 March 2019 - 08:43 PM

Molly, is there any need to start a GoFundMe to help in this effort?  I'm sure there a lot of people here who would be willing to kick in a few bucks - myself included

me too.  only in this context!


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#51 quackersmacker

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Posted 21 March 2019 - 08:44 PM

 

Molly, is there any need to start a GoFundMe to help in this effort?  I'm sure there a lot of people here who would be willing to kick in a few bucks - myself included


Rather than a go fund me, we would rather see donations to IllinoisCarry marked Brown case.

 

Ah, that's good.  thanks Molly


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#52 BobPistol

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Posted 21 March 2019 - 09:36 PM

This is awesome.   I hope the plaintiff uses the other SCOIL ruling to help them out.     


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#53 skinnyb82

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Posted 22 March 2019 - 07:03 AM

I must note that this is AS APPLIED challenge. Not a facial challenge. It's not gonna void our the FOID. It'll just void out the FOID requirement for defendant Brown. I can't figure out why her lawyer would plead it that way but that's what happened. I suppose it could turn into a facial challenge, but...I dunno. Sent from my VS987 using Tapatalk
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#54 loudes13

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Posted 22 March 2019 - 07:42 AM

I’m following this one!


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#55 springfield shooter

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Posted 22 March 2019 - 08:22 AM

I must note that this is AS APPLIED challenge. Not a facial challenge. It's not gonna void our the FOID. It'll just void out the FOID requirement for defendant Brown. I can't figure out why her lawyer would plead it that way but that's what happened. I suppose it could turn into a facial challenge, but...I dunno. Sent from my VS987 using Tapatalk

 

The next step (if it played out that way) would be to litigate the fact that if defendant Brown can't be legally required to have a FOID card, then neither can anybody else.


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#56 Hipshot Percussion

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Posted 22 March 2019 - 09:31 AM

 

Molly, is there any need to start a GoFundMe to help in this effort?  I'm sure there a lot of people here who would be willing to kick in a few bucks - myself included


Rather than a go fund me, we would rather see donations to IllinoisCarry marked Brown case.

 

Done


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#57 Jeffrey

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Posted 22 March 2019 - 09:35 AM

 

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?

Great news.  What other Constitutionally protected right do you have to pass a test and pay for?


Having to pay and ask for permission from the ISP makes it a privilege and is treated by politicians in this state as a privilege which can easily be revoked by the ISP and in some cases the right has been taken away for traffic offenses which have been discussed on this board.

Can't wait for the Supreme Court to invalidate all these Unconstitutional laws paid by the anti Constitutional rights people who want total control.

 

Exactly.  Even those who yell fire in a movie theater never lose their right to free speech.


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#58 skinnyb82

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Posted 22 March 2019 - 10:08 AM

The next step (if it played out that way) would be to litigate the fact that if defendant Brown can't be legally required to have a FOID card, then neither can anybody else.
That's the logical process. I just don't know why her attorney challenged it as applied. Not like some felon restoration case where details are VERY important. It's gonna be interesting when it comes up on appeal. Sent from my VS987 using Tapatalk
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#59 mauserme

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Posted 22 March 2019 - 11:09 AM

The next step (if it played out that way) would be to litigate the fact that if defendant Brown can't be legally required to have a FOID card, then neither can anybody else.

That's the logical process. I just don't know why her attorney challenged it as applied. Not like some felon restoration case where details are VERY important. It's gonna be interesting when it comes up on appeal. Sent from my VS987 using Tapatalk


My guess is that because this was a criminal case, her attorney's primary duty was to his client.

#60 ragsbo

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Posted 22 March 2019 - 03:22 PM

Sounds like a move in the right direction but as we all know, the courts take their own sweet time and we all know the state will fight this with every method (legal or not) they can come up with. We must keep pushing it and keep their feet to the fire. I think we should demand all the money we had to pay for the FOID crap returned to us with interest!






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