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


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#691 officedrone

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Posted 22 May 2017 - 08:24 PM

Any updates on Wilson?


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#692 Plinkermostly

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Posted 23 May 2017 - 06:38 AM

SB0556 may make it mute.

 

OR

 

vice versa!?!


Edited by Plinkermostly, 23 May 2017 - 06:46 AM.


#693 Hap

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Posted 23 May 2017 - 08:11 AM

A statewide ban would just provide another opportunity for a challenge.

 

Also, note that while the Supreme Court has not taken "AWB" cases in the past, nothing prevents them from taking one in the future.


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#694 Druid

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Posted 29 July 2017 - 06:41 AM

 

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.courthou...ult-weapon-ban/



#695 Sigma

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Posted 29 July 2017 - 07:58 AM

 

Response brief was due Nov. 18th.

Court’s Order granting the Motion for appearances pro hac vice of Brady center counsel

several amici filings


Despite what you'd think, "pro hac" is not short for "Professional Hack".

 

lol you funny, couldnt resist huh, im literally lol'ing


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#696 officedrone

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Posted 10 April 2018 - 07:17 PM

Any updates?


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#697 TargetCollector

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Posted 17 April 2018 - 10:24 AM

Given some of the recent decisions on similar cases nation-wide, I think we might want to hold our breath and hope that we don't hear anything for a while. 

 

I'd bet we need a few other cases to go our way before it's even worth putting Wilson back on active status, but that's pure speculation on my part.



#698 Druid

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Posted 24 April 2018 - 04:35 PM

Wilson was moved to Federal court.

 

Defendants are trying to get the judge to dismiss it, arguing Wilson is the same as Friedman.



#699 tkroenlein

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Posted 24 April 2018 - 05:03 PM

Mr. Druid, I'm sure you must feel like this is a fruitless endeavor at times.

Rest easy in the fact that it is people like you who remind them that we are never going away.

I applaud your commitment.

#700 stm

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Posted 24 April 2018 - 11:48 PM

Mr. Druid, I'm sure you must feel like this is a fruitless endeavor at times.
Rest easy in the fact that it is people like you who remind them that we are never going away.
I applaud your commitment.

+1

Thanks for fighting for all of us.

yea everyone makes fun of the redneck till the zombies show up. . .


#701 dadude999

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Posted 07 August 2018 - 01:44 PM

Dammit.

https://www.cookcoun...ault-weapon-ban

#702 gearsmithy

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Posted 07 August 2018 - 02:07 PM

 

SCOTUS?



#703 Kingcreek

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Posted 07 August 2018 - 02:14 PM

Crap.
Judge shah was apparently nominated by senator mark Kirk and appointed by Obama. Elections have consequences.

#704 headcase

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Posted 07 August 2018 - 02:22 PM

Sorry guys, good luck with this....22 days and I'm out.


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#705 kevinmcc

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Posted 07 August 2018 - 02:35 PM

 

“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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#706 gearsmithy

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Posted 07 August 2018 - 02:43 PM

 

 

“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.


Edited by gearsmithy, 07 August 2018 - 02:53 PM.


#707 press1280

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Posted 07 August 2018 - 03:07 PM

Dammit.https://www.cookcoun...ault-weapon-ban

 
SCOTUS?

7th circuit

#708 transplant

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Posted 07 August 2018 - 03:16 PM

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.

#709 Glock23

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Posted 07 August 2018 - 03:41 PM

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.

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#710 transplant

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Posted 07 August 2018 - 03:43 PM

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.

#711 press1280

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Posted 08 August 2018 - 01:12 AM

Kavanaugh will be there way before this gets there.

#712 Tvandermyde

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Posted 08 August 2018 - 12:46 PM

anybody have the order or filing?


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#713 transplant

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Posted 08 August 2018 - 02:34 PM

anybody have the order or filing?

 

Link to order:

 

https://s14544.pcdn....9763-0-6407.pdf



#714 357

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Posted 08 August 2018 - 05:59 PM

How dishonest of him to call semi automatic rifles made for civilians machine guns.
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#715 jagt48

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Posted 08 August 2018 - 06:24 PM

The whole opinion was dishonest.

#716 357

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Posted 08 August 2018 - 06:38 PM

I agree.
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

#717 357

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Posted 08 August 2018 - 06:39 PM

The fix was in.
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

#718 chislinger

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Posted 08 August 2018 - 07:54 PM

The judge didn't even try to make a coherent legal argument.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#719 transplant

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Posted 08 August 2018 - 09:02 PM

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.

#720 steveTA1983

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Posted 09 August 2018 - 08:03 AM

Or just say “no” and do what “necessary” if it comes down to it




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