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Culp vs Madigan - Lawsuit Filed On Behalf of Non-Residents


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#631 kwc

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Posted 22 August 2017 - 06:10 PM

Today was a great experience. We had three of the individual plaintiffs present in addition to IllinoisCarry (Molly B.). I won't try to predict Judge Myerscough's ruling, but she dropped a few comments that suggested a warm reception to plaintiffs' arguments. Of course, I was optimistic re: CA7 outcome, so no predictions are coming from me on this one!

Edited by kwc, 22 August 2017 - 06:12 PM.

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#632 ChicagoZman

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Posted 22 August 2017 - 06:18 PM

I agree that today was a good day as I had the opportunity to again see and talk with David, KWC and Molly B.  Thanks for stating the course and fighting on behalf of non residents.  I have many Hoosiers as friends, customers and students that are anxiously awaiting the decision.  Let's pray it is the correct one.


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#633 OldMarineVet

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Posted 23 August 2017 - 09:18 AM

Yes, I have non-resident military members also waiting to hear.

#634 Gamma

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Posted 23 August 2017 - 11:35 AM

Today was a great experience. We had three of the individual plaintiffs present in addition to IllinoisCarry (Molly B.). I won't try to predict Judge Myerscough's ruling, but she dropped a few comments that suggested a warm reception to plaintiffs' arguments. Of course, I was optimistic re: CA7 outcome, so no predictions are coming from me on this one!

I am curious, was there anything new or different from what has been in the various briefs and responses? Did the judge have any questions to explore a particular point with either side? Just wondering if there was a sense that the oral argument was actually of value as opposed to just a stall tactic.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#635 press1280

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Posted 23 August 2017 - 12:13 PM

Yea I'd be interested too. What more can be discussed, if you're a resident of all but 5 states, you are banned from public carry in IL. Should be an easy call.

#636 kwc

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Posted 23 August 2017 - 06:38 PM

Today was a great experience. We had three of the individual plaintiffs present in addition to IllinoisCarry (Molly B.). I won't try to predict Judge Myerscough's ruling, but she dropped a few comments that suggested a warm reception to plaintiffs' arguments. Of course, I was optimistic re: CA7 outcome, so no predictions are coming from me on this one!


I am curious, was there anything new or different from what has been in the various briefs and responses? Did the judge have any questions to explore a particular point with either side? Just wondering if there was a sense that the oral argument was actually of value as opposed to just a stall tactic.

If Judge Myerscough wanted to stall she would simply have done nothing indefinitely, so the fact she had a hearing at all means she wanted to know more on a few issues.

Our attorney has asked that we (plaintiffs) limit our public discussion about the hearing. We may get a transcript at some point and should be able to post it when received. Sorry to disappoint, but other than a general statement that we felt it went well, I can't comment any further in this forum.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#637 kwc

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Posted 18 September 2017 - 10:39 AM

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

Attached File  61 - SJ Opinion of 091817.pdf   200.24KB   77 downloads
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#638 ChicagoZman

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Posted 18 September 2017 - 10:51 AM

I cannot express how disappointed I am but remain confident that we will ultimately prevail.


Edited by ChicagoZman, 18 September 2017 - 10:51 AM.

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#639 Soutsidr

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Posted 18 September 2017 - 11:25 AM

So this was just for summary judgement, not the appeal itself, correct?

#640 ChicagoRonin70

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Posted 18 September 2017 - 11:40 AM

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

attachicon.gif61 - SJ Opinion of 091817.pdf

 

Wow, this is some of the most circuitous, tortured language BS that I have ever seen in the justification of the denial. With multiple citations of the Heller and Ezell cases, and the types of scrutiny they require to be placed on restrictions of Constitutional rights, this should not be even allowed. Yet, essentially, the judge pretty much said, "All of that precedent notwithstanding, I'm going to deny this and ignore the previous legal support for the appropriate level of scrutiny to be applied."

 

I am all for State's rights, but the State of Illinois does not have the right, although it wants to and believes it does, to arbitrarily deny Constitutional rights the way it does, simply because the powers in charge do not believe that average citizens should have access to firearms.


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#641 Gamma

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Posted 18 September 2017 - 11:42 AM

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

attachicon.gif61 - SJ Opinion of 091817.pdf

I didn't doubt her for a minute. My only surprise is that she didn't wait another year or two before releasing the opinion.

Edited by Gamma, 18 September 2017 - 11:43 AM.

Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#642 kwc

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Posted 18 September 2017 - 12:01 PM

So this was just for summary judgement, not the appeal itself, correct?


Correct.

The decision on a preliminary injunction was appealed and decided last fall, and returned to the district court. The ruling released today by the District Court was on the motions for summary judgment.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#643 Molly B.

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Posted 18 September 2017 - 12:18 PM

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

attachicon.gif61 - SJ Opinion of 091817.pdf

 

Yes, very disappointing but I don't think it will be the last round in the ring.


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#644 bmyers

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Posted 18 September 2017 - 02:29 PM

So following the St. Louis mindset, does it mean know that we all need to go protest and smash the windows at the local Starbucks cause we didn't get the ruling we wanted?



#645 skinnyb82

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Posted 18 September 2017 - 05:37 PM

Send another appeal up to CA7. Hopefully Amy "The Dogma Lies Within Her" Barrett will be Circuit Judge Barrett by the time the appeal is filed. With Posner gone and Williams taking senior status, it's gonna be VERY interesting. Even more interesting if Brennan is somehow seated in time to be drawn to hear the appeal. Sent from my VS987 using Tapatalk
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#646 Helpdesk9

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Posted 18 September 2017 - 09:31 PM


 


Does anyone have the street address of the court where oral arguements will be made?  I see 600 E. Monroe Street in google maps.  Is this correct?  I haven't been to the Capitol since I was a kid but am seriously thinking of driving down (3+ hours) for this one.


 
There is a parking garage at the corner of 7th and Monroe, almost right across the street from the courthouse.  I think parking costs $7.50 for the day?  Not sure, it's been awhile since we were there last.  There is also a  public parking lot on the corner of 8th and Adams St., parking fee isn't very much and is only about 2 1/2 blocks from the courthouse.
 


$7.50?  It was $35 when I parked in the Loop for the Appeals court.  The difference will pay for my gas there and back.

There's a parking garage on Washington between 3rd and 4th that is $5 all day, if you don't mind walking a few blocks.

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#647 press1280

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Posted 19 September 2017 - 07:13 AM

Send another appeal up to CA7. Hopefully Amy "The Dogma Lies Within Her" Barrett will be Circuit Judge Barrett by the time the appeal is filed. With Posner gone and Williams taking senior status, it's gonna be VERY interesting. Even more interesting if Brennan is somehow seated in time to be drawn to hear the appeal.

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I'm thinking they'll have the original panel to hear this appeal, with Posner out of course. Even if they lose again, I think en banc is a possibility, especially if the Trump nominees get confirmed.

#648 press1280

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Posted 19 September 2017 - 07:18 AM

And so, without saying as much the judge has upheld a total carry ban for residents of 45 states while in Illinois. This shouldn't even be a close call.

#649 press1280

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Posted 20 September 2017 - 01:37 AM

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

attachicon.gif61 - SJ Opinion of 091817.pdf

The attachment won't work anymore



#650 ChicagoZman

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Posted 20 September 2017 - 04:55 AM

 

Disappointing news... Judge Myerscough ruled in favor of the defendants. Bummer.

attachicon.gif61 - SJ Opinion of 091817.pdf

The attachment won't work anymore

 

Opens for me just fine.  Perhaps your Adobe Reader needs updating?


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#651 press1280

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Posted 20 September 2017 - 07:00 AM

You may be right, I can open from my phone but not laptop.

#652 press1280

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Posted 20 September 2017 - 03:14 PM

Please tell me this POS opinion will be appealed?






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