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xxxlaw

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  1. Well, actually if you are denied because of decision of the Board that you are a dangerous person, there is no appeal to the Illinois State Police. In that case, as the rejection letter says, your only redress is in court. The Illinois Administrative Review Law comes nowhere close to providing a fair hearing. You cannot re-open the hearing in a concealed carry case and introduce any evidence at all. The judge is limited to the record of the secret hearing by the the Board. That's the most important reason we've filed in federal court under the Civil Right Act. No one gets a fair hearing - ever - under this law. The ARL action is a fool's errand. While I recommend to those who call me that they file an ARL action in the Circuit Court, I always add that the best odds for victory is a constiutional challenge. Obviously, this is not posted as legal advice to anyone, and reading it does not make you my client. It is posted for public eductation only.
  2. Given the inadequacy of the remedy under the administrative review law, it makes sense to also file counts alleging that the procedure denies applicants of their right to due process of law. I have filed for a client in both state and federal court. Under the state-provided administrative review, the judge in a state court administrative review complaint is limited to reviewing the record made by the Board and assessing whether their decision, based on what they saw, was an error. That does not include your side of the issue, only the objector's, and any other evidence the Board might have obtained on its own. The state judge in administrative review does not have the ability to give you a hearing to provide your own evidence. That's why the ARL remedy provided for in the Concealed Carry Act is, in my opinion, a violation of your right to due process of law. The federal civil rights remedy is NOT limited to any 35 day period.
  3. My firm filed suit in federal court today alleging the the Concealed Carry system violates the civil rights of Illinois handgun owners. Secret objections. Secret objectors. Secret evidence. Secret deliberations exempt from the Open Meetings Act. A vague and ambiguous standard. A sealed record immune to FOIA. A judicial review that is limited to the "record below", that is, to proceedings in which the applicant had no input, and in which the judge's only power is to review what he can order disclosed for abuse of discretion, and in which the judge has no power to permit the disappointed applicant to give his or her side of the story. The Board itself, by the Act describing its composition, is tilted to prosecutors and law enforcement agents. We are taking this one on, bow to stern, both on Due Process and Prior Restraint grounds. I posted more about today's lawsuit at post #67 in the thread, "Appealing CCL Denial by Board of Review", http://illinoiscarry.com/forum/index.php?showtopic=47833&page=3 J. D. Obenberger, Attorney at Law 115 South LaSalle Street, Suite 2600 Chicago, IL 60603 312.558.6420
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