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


Tvandermyde

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The question on Heller from the judge was as he recalled it was a glock 40, thus a high cap (standard size to us gunnies) made it illegal under the ordinance

 

Maybe ypur right federal, but i am just reporting what i was told

 

At this juncture i will take the preemption ruling as it rat #€£ks chicago big time, along with oakmpark and aurora and a few other places

 

The big question is how are they goung to deal with kalidimos?

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what is "kalidimos"?

 

He's referring to Kalodimos v City of Morton Grove back in 1984 when Mr. Kalodimos challenged the village's handgun ban. If I remember, he lost on appeal, but I can't remember the relavance that Todd and others attach to the case when linking it to Wilson. Hopefully, he'll have time for the Cliff Notes version.

 

This whole thing just looks like another "no opinion" opinion from the Illinois courts. It appears that over the years, we've bred the spines out of our justices and our legislators.

 

 

Tim

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Most likely outcome maybe ruling that the ordinance is preempted under the wildlife code

 

what does that mean

 

It means that the court could strike down cook, and say the firearms are permitted by the DNR rules.

 

But the Governor would then be able to change those rules by executive decree, re-banning the firearms.

 

In other words we are likely screwed if the court takes the easy route in supporting us.

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Kalodimos was the last ruling on the 2 amendment by the illinois supreme court. All of the appealte decisions coming out of cook/dist 1 cite it was precedent they are bound by even tho Heller overturned it, but our supreme court has not ruled it invalid. It need to be tossed by the court

 

The wildlife code is just that code, state law. A lot of the things about guns are in there by statute. If we win the wild life code argument, they will be screaming and we will ba able to stop anything they toss at us. Even rules have to go before jcar. And by my count we can lock up new rules there

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The wildlife code is just that code, state law. A lot of the things about guns are in there by statute. If we win the wild life code argument, they will be screaming and we will ba able to stop anything they toss at us. Even rules have to go before jcar. And by my count we can lock up new rules there

 

Oh! So it would be a positive outcome then!

I thought those rules were set by the bureaucrats who work at DNR, and report to the Governor.

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The wildlife code is just that code, state law. A lot of the things about guns are in there by statute. If we win the wild life code argument, they will be screaming and we will ba able to stop anything they toss at us. Even rules have to go before jcar. And by my count we can lock up new rules there

 

Oh! So it would be a positive outcome then!

I thought those rules were set by the bureaucrats who work at DNR, and report to the Governor.

 

Nope, statute, just like the criminal code.

 

 

Wildlife Code

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mstrat: That's pretty much what I got from that portion as well.

 

I can now add watching the courts in action to my list of experiences. I was actually a bit surprised, I expected more "inflamed" arguments....probably a product of watching movies and TV.

Everyone was calm, but both sides seemed a bit unpolished in some portions of their arguments. (again, I'll blame tv for my expectations)

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mstrat: That's pretty much what I got from that portion as well.

 

I can now add watching the courts in action to my list of experiences. I was actually a bit surprised, I expected more "inflamed" arguments....probably a product of watching movies and TV.

Everyone was calm, but both sides seemed a bit unpolished in some portions of their arguments. (again, I'll blame tv for my expectations)

Lol

This was actually a fairly good oral argument. The cook county attorney stumbled, but that happens. You should listen to some of the appellate arguments if you want to hear some real train wrecks. I listened to a really awful 2A case a while ago. Real courts are nothing like tv and appellate courts don't have a jury, judges don't take grand standing and drama well. :whistle:

 

Sent from my SCH-I500 using Tapatalk

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Gov. Thompson was in the moot curt session and helped with the amici brief from thenmanufacturers.

 

I spoke with him today and he thinks it went very well

 

They have several options at this point:

 

1. 2A ruling

2. Remand for a development of a better record

3. Accept the preemption argument and kick it

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Gov. Thompson was in the moot curt session and helped with the amici brief from thenmanufacturers.

 

I spoke with him today and he thinks it went very well

 

They have several options at this point:

 

1. 2A ruling

2. Remand for a development of a better record

3. Accept the preemption argument and kick it

witch one is the best and witch one is the worst out of all three Todd?

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I know I'm not Todd :wub:

 

The best and least likely outcome would be a 2A decision. It would give us precedent for future cases.

 

The problem with this case is that there is a huge procedural problem. These issues couldn't possibly be resolved on a 2-615 motion, if the judge thought that the complaint was defective, the plaintiff could have amended the complaint.

 

The other problem is that the statute is void for vagueness. The court could invalidate it without ever reaching a 2A issue easily.

 

Sent from my SCH-I500 using Tapatalk

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I think there side sounded like a fool. no wonder he lost his train of thought all you have is one thing to say, guns are yucky. Oh and that courts cant rule on legislative stuff? Where was he trying to go with that crap.

I dont like this AWB but didnt realize how bad it was until hearing this. Hes right, you can buy a firearm that is legal in cook county today and the Chinese makes a magazine to fit that firearm that holds more than 10 rounds and you are now a criminal.

The court shouldnt need to hear anything else.

 

 

Sounds to me like they want to use the wildlife code as a way to rule and not have to deal with it. Can they rule on preemption and still add something to prevent Quinns obvious next move?

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Regarding the possible outcomes: If the case gets remanded that's going to drag this out for another year or more, correct?

 

Yup. The case starts at the beginning...

 

Courts can look at legislative intent, etc. But they aren't supposed to meddle in statistics, which was the red herring thrown in the mix by the county.

 

Sent from my SCH-I500 using Tapatalk

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Gov. Thompson was in the moot curt session and helped with the amici brief from thenmanufacturers.

 

I spoke with him today and he thinks it went very well

 

They have several options at this point:

 

1. 2A ruling

2. Remand for a development of a better record

3. Accept the preemption argument and kick it

witch one is the best and witch one is the worst out of all three Todd?

 

 

I know I'm not Todd wub.gif

 

The best and least likely outcome would be a 2A decision. It would give us precedent for future cases.

 

The problem with this case is that there is a huge procedural problem. These issues couldn't possibly be resolved on a 2-615 motion, if the judge thought that the complaint was defective, the plaintiff could have amended the complaint.

 

The other problem is that the statute is void for vagueness. The court could invalidate it without ever reaching a 2A issue easily.

 

Sent from my SCH-I500 using Tapatalk

 

 

 

you're right I'm better looking

 

there are pros and cons to each. We could get a 2A ruling that ignore's Heller's plain language and says handguns in the home. But this ordiance presents problems for that.

 

Chief Justice Kilbride's question about the Glock is telling, the assertion is that Their ordinance bans the very gun the Supreme court said he could have. Those two points can not be resolved easily.

 

So we could get a 2A ruling that says ARs are bad. Or get one that says ordinance to broad try again. It is the one most frought with danger for us.

 

I was fit to be tied about the leigislative findings till Hallbrokk final used my analogy that what if they said the world was flat to justify something? But I do think we missed opportunities for low hanging fruit to knock out of the park.

 

On the remand, we start over, maybe another amended complaint and this becomes, Illinois' version of Nordyke and a worse decision gets ahead of us in federal court and gets a bad ruling.

 

On the preemption arguement, it gives the Court a way out. That is why we fashoned it. Not knowing if we got the 4 or not, we wanted to point out that the ordinance even scoops up hunting guns, it is that broad. And that they can not regulate huntig dats, seasons, type or game or bag limits and they can not regulate the guns used in the pursuit there of.

 

Now you can hunt Coyotes with a 50 bmg if you like. An AR or AK. You can hunt squirels with a Glock 40 and 15 round mag. You can hunt snow geese with a benelli M1 super 90 with a 9 shot tube. the fact is, there is not a firearm made, that there is not a season where it is legal to use.

 

it is an out, and it would be most disasterous to the other side as it takes out Chicago, Cook, Oak Park, Aurora and others.

 

We will then have a fight in the legislature over the Wildlife code. The place where we remain strong, and they do not have the mere 60 or 30 to change the statutes.

 

They also will have a tough fight for what limited rule making they have and I believe we can kill what ever they propose.

 

But again they need to deal with Kalidimos and get rid of that pink elephant. But they also have Aguilar coming up that has none of the 2-615 or proceedural rulings attached to it so we will get somehting on 2A no matter what.

 

I think Thomas could write it, maybe the Chief judge. Remember that they kicked Wilson back to the appelate court once before telling them to try again, they may not be interested in doing so again.

 

I dunno.

 

I could see them walking in after the hearing closing the door and the Chirf looking over his glasses saying we have 4 votes for a Consitutional ruling, or would you rathe rule on preemption and make it unanimous?

 

Before I would have said we will see a ruling in 90 days gove or take. But given Aguilar, I can see them holding this up till the make both rulings. Aguilar may give us some insight.

 

I would also note that in the arguements, no one was hostile to our side and pressing us for justification. They challenged the other side on issues. Even Burke and Freeman were looking for a way out. Tiess or what ever her name is was looking to procedures and she never got off that.

 

name me one time a judge got hostile or evenr arguementative with us? Just the issue of 2-615 proceedure was the most disscussed.

 

I do not see this going well for Cook County, hense why we worked hard on amici and cut it up into bite sized peices. Seems my idea about the Wildlife Code got noticed. If so, then I hope the legislative brief on Kalidimos makes it too.

 

my fingers are crossed

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When Cook County's council was questioned about a gun becoming illegal after the fact due to magazine capacity changes, he just didn't get it or was evading a direct answer. I though it was humorous at that point because Jim Thompson seated can be seen shaking his head and smiling at councils attempt to answer the justices question.
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  • 2 months later...

Hello fellas. Any of you have any idea what's going on with this case? Timeline perhaps?

 

This is my first post and, to be honest, I'm mainly interested in this issue, as it affects me greatly. So any advice, by someone who's not simply guessing, would be most appreciated.

 

 

In a way it affects all of us. The folks involved will post, usually within minutes of it actually happening, any changes

 

Welcome aboard and don't hesitate to join in the discussions.

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