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litigation update


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#1 Tvandermyde

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Posted 25 November 2010 - 11:10 AM

Litigation update.



Many seem to think that just because you dont see a lot in the press, that nothing is going on. Not true.



Wilson v. Cook County. ISRA started this litigation before Heller. Lost trial, lost the appeal court and appealed to the IL Supreme Court where they kicked it back down for reconsideration under McDonald.

The NRA has offered assistance, and State Halbrook has been working with counsel on this and may become of counsel or co-counsel on the case.

People v. Dawson was a AG UUW case brought by a less than stellar individual in an attempt to avoid jail. We have been watching this case and Court denied cert last week. I know of at least 2 more cases from the 2st Dist on petition that we are watching.

Benson v. Chicago, this is NRAs Chicago II case.

Molly vs. ILLINOIS. Ok not a real case, but Molly has been working diligently with me to line up a UUW case. It is in the works and we think we have an outstanding case to bring. We are lining up a few more details and Dawson not going higher helps us lay the ground work for some really good facts. Wee let you know when its filed.

Chicago III. We have a new case coming for someone charged under the Chicago ordinance for a Glock magazine.

Chicago IV. We are working with one of our own for another challenge to the Chicago ordinance for denial of a permit.

Mishaga v. Monken. We will be keeping a very close eye on this one as it has implications beyond FOID.

FOID FOIA. There is a movement afoot to publish the FOID card list to news papers. WE have been working this with the lawyers, and are awaiting a final decision from the state to see what they will do. I expect litigation over it.

As it stands right now, it looks like there is more litigation going on in Illinois than any other state and NRA will have 4 straight up cases. And maybe more. It seems like its taking forever, but this isnt the charge of the light brigade. Good facts make good law. And good plaintiffs like Otis make good cases.

More is in the works and as it comes up, Ill post it.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#2 Joeyl

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Posted 25 November 2010 - 11:40 AM

"....FOID FOIA. There is a movement afoot to publish the FOID card list to news papers. WE have been working this with the lawyers, and are awaiting a final decision from the state to see what they will do. I expect litigation over it....."


This is not right!! I can see thugs perusing the list over morning coffee, seeing what house they're going to rob. It's bad enough chicago p.d. retains a registration list that is probably not maintained very securely. Again from a newer member thanks for what you guys/gals do.

#3 Yas

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Posted 25 November 2010 - 11:49 AM

Todd may I ask, Who is pushing for FOID information to be published?

Brady campaign? Journalists?


My feelings on publishing this information merely provides data to thugs for what houses to rob because the houses contain firearms for quick profit.

Many states have been hashing out on if its right to publish lists of CCW holders and has been a matter for much debate.

#4 05FLHT

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Posted 25 November 2010 - 11:53 AM

Exciting stuff here folks. I am eager to read any filings in regards to the UUW/Ag UUW statute (well ok, actually I'm giddy like a school girl).

I was just about to post and this seems as good a place as any so...I'd be interested to hear opinions from others on how far Mishaga has the potential to go in regards to RTC for Illinois. I was re-reading the judges ruling on the defendants motion to dismiss, specifically the footnotes -

1The Second Amendment right to bear arms applies to the states.

2The parties have not addressed the issue of the scope of the right of a guest in a home to possess a weapon. The Court assumes for purposes of this Motion only that Mishaga has the same right as the owner of the home to possess a weapon that she may use for protection even though she is only a guest in the home. The Heller decision addresses the right to possess a useable weapon in one’s own home to protect oneself, one’s home, and one’s family. Heller, 128 S.Ct. at 2818-22. The Heller Court agreed that the state may limit the right to bear arms outside of one’s own home, at least in some contexts. Id. at 2817 (noting, for example, that the state may prohibit the possession of weapons in schools and other public facilities). In this case, Mishaga is a guest in someone else’s home. The parties do not address whether Mishaga’s right to possess a weapon as a guest may be more limited than the homeowner in Heller because she is not protecting her own home and because her loaded weapon may present dangers to the permanent residents of the home or to other Illinois citizens. At some point in this proceeding, the parties may need to address the exact scope of the constitutional right of a guest to possess a weapon in the home of another person.

3The Court, again, assumes for purposes of the Motion only that a guest’s right to bear arms is the same as the homeowner’s right to bear arms.


I am beginning to think that my comment that the FOID may become a defacto carry permit may not be that far off. The first footnote recognizes (and rightly so) the 2A's right to bear (carry in case of confrontation) arms applies to Illinois and the second recognizes that the right to bear arms (RTC) is recognized outside of the home. Does this case offer any ability to pressure the ILGA to act sooner (read NOW), instead of latter on the matter of RTC. It is going to be inevitable (in this case, or another case somebody (ahem, cough, Molly) might bring to fruition)) that the courts will connect the dots that there is a recognized constitutional right to carry arms outside of the home. Otherwise, I definitely see the courts making the FOID into a keep and carry permit.
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#5 Tvandermyde

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Posted 25 November 2010 - 12:05 PM

The Tribune and AP have asked for the list. The AG -- Lisa Madigan is wanting to give it to them. We have fought it off this far. This is an about face of previous positons with regard to FOID & FOIA.

And I have already drafted a bill to address this issue. It will be filed next week.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#6 Buzzard

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Posted 25 November 2010 - 12:19 PM

The Tribune and AP have asked for the list. The AG -- Lisa Madigan is wanting to give it to them. We have fought it off this far. This is an about face of previous positons with regard to FOID & FOIA.

If that happens - every single FOID holder should demand that charges of conspiracy to commit theft be filed on everyone involved in releasing that information. Starting with Ms. Lisa Madigan.

And I have already drafted a bill to address this issue. It will be filed next week.

Good job!

#7 Federal Farmer

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Posted 25 November 2010 - 12:27 PM

"....FOID FOIA. There is a movement afoot to publish the FOID card list to news papers. WE have been working this with the lawyers, and are awaiting a final decision from the state to see what they will do. I expect litigation over it....."


This is not right!! I can see thugs perusing the list over morning coffee, seeing what house they're going to rob. It's bad enough chicago p.d. retains a registration list that is probably not maintained very securely. Again from a newer member thanks for what you guys/gals do.


Yep, and when they go into a house for guns they go in as a four man team.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#8 lockman

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Posted 25 November 2010 - 01:12 PM

FOID & FOIA

A whole new aspect to the deprivation or disparaging of civil rights.

First impose a prior restraint on flexing a fundamental right (FOID).

Tax a fundamental right (FOID).

Then release all the provided personal information required by the FOID act to anyone who wants it.

Talk about official repression folks you are staring it in the face!

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#9 Yas

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Posted 25 November 2010 - 01:38 PM

"....FOID FOIA. There is a movement afoot to publish the FOID card list to news papers. WE have been working this with the lawyers, and are awaiting a final decision from the state to see what they will do. I expect litigation over it....."


This is not right!! I can see thugs perusing the list over morning coffee, seeing what house they're going to rob. It's bad enough chicago p.d. retains a registration list that is probably not maintained very securely. Again from a newer member thanks for what you guys/gals do.


Yep, and when they go into a house for guns they go in as a four man team.

And I'm thinking about your post on Chicago's registration re: the denial of your rifle and the city demanding the address of where your storing it outside of Chicago's city limits. Will this information be available to inquiring minds in the future from any tom, dick, or harry that inquires for that data?

#10 Federal Farmer

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Posted 25 November 2010 - 02:05 PM

"....FOID FOIA. There is a movement afoot to publish the FOID card list to news papers. WE have been working this with the lawyers, and are awaiting a final decision from the state to see what they will do. I expect litigation over it....."


This is not right!! I can see thugs perusing the list over morning coffee, seeing what house they're going to rob. It's bad enough chicago p.d. retains a registration list that is probably not maintained very securely. Again from a newer member thanks for what you guys/gals do.


Yep, and when they go into a house for guns they go in as a four man team.

And I'm thinking about your post on Chicago's registration re: the denial of your rifle and the city demanding the address of where your storing it outside of Chicago's city limits. Will this information be available to inquiring minds in the future from any tom, dick, or harry that inquires for that data?


I'm reminded of what they found in former Alderman Troutman's apartment that she shared with a gang leader...

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#11 ike

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Posted 25 November 2010 - 02:07 PM

maybe we should publish a list county by county of people that don't have a foid card,so criminals would know where they could do their crimes in a safe an secure enviroment. just a thought.Happy Thanksgiving to all

#12 abolt243

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Posted 25 November 2010 - 09:21 PM

I'm reminded of what they found in former Alderman Troutman's apartment that she shared with a gang leader...


Now THAT'S an interesting Google search and Wikipedia read. Her first name is Arenda. Give it a look, see what upstanding politicians the citizens of the 20th ward elect to represent them. Seems her boyfriend had a $350,000 per WEEK drug gig going in her ward. But that wasn't enough for Arenda, she was arrested and finally convicted for accepting a measly $5K and expecting another $10K in exchange for her preferential treatment of a real estate developer that wanted to do business in her ward. Read the Wiki entry to see what they found when the FBI had to break into the apartment that she shared with her 'banger boyfriend.

Yes, sir, they got some upstanding politicians there in the 20th. Seems fairly common though. Wiki reports that 26 aldermen have been convicted of a crime since 1972. Nice.
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#13 mstrat

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Posted 25 November 2010 - 10:51 PM

Chicago III. We have a new case coming for someone charged under the Chicago ordinance for a Glock magazine.


This is just idle curiosity - but can anyone share how the individual was discovered? I'm curious if he/she submitted paperwork for the permit, and they later came after them. Or if an officer saw him/her at the range.... or..?

I'm especially wondering because, at least regarding the Cook County 10-round magazine limit, i've NEVER heard of somebody being charged with it. None of the shops, even those in Cook, even blink before selling a large capacity magazine to county residents. I even asked them once, and the gentleman at the store said *everyone* ignores the ordinance and nobody cares.
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#14 Tvandermyde

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Posted 26 November 2010 - 02:35 AM

mstrat --

not yet.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#15 Howard Roark

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Posted 27 November 2010 - 07:31 PM

Nice summary, looking forward to more updates.
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