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Standing question

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#1 mab22

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Posted 12 March 2019 - 09:41 PM

I thought there was a post some where on Illinois carry site that either "public interest" or "Public good" was given by an Illinois appellate court as grounds for standing.

If anyone is familiar with an Illinois court ruling with regards to this or knows the post or case I would appreciate it. Maybe federal district?

 

Thank you.



#2 ChicagoRonin70

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Posted 12 March 2019 - 09:42 PM

I seem to remember something about that, as well. Don't know where I saw it, but I was looking for it for referring to it myself, for another posting. Couldn't find it, though.


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

Who gets to keep and read books? The Media? Or is it the People?

 

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#3 Bubbacs

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Posted 13 March 2019 - 09:26 AM

I always considered STANDING to be my right, whether the public was interested or if it was good for me!
That being said, I did tend to sit a lot before my open heart in December.
But now STANDING is a daily routine for me through out the day!

#4 Quiet Observer

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Posted 13 March 2019 - 01:17 PM

I thought there was a post some where on Illinois carry site that either "public interest" or "Public good" was given by an Illinois appellate court as grounds for standing.

If anyone is familiar with an Illinois court ruling with regards to this or knows the post or case I would appreciate it. Maybe federal district?

 

Thank you.

 

Are you asking about the right to  "stand your ground" in defensive situations?



#5 chislinger

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Posted 15 March 2019 - 01:53 PM

I thought there was a post some where on Illinois carry site that either "public interest" or "Public good" was given by an Illinois appellate court as grounds for standing.
If anyone is familiar with an Illinois court ruling with regards to this or knows the post or case I would appreciate it. Maybe federal district?
 
Thank you.

 
Are you asking about the right to  "stand your ground" in defensive situations?

Legal standing, which is required to pursue a lawsuit. It's a complicated subject and not one I understand well at all.

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#6 Silhouette

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Posted 15 March 2019 - 02:32 PM

The US doesn't have public interest standing as some other countries do.  However, organizations can represent their members, and in some instances, someone can represent the rights of others if they have been injured -- this is often allowed if the other injured parties would not be able to seek redress themselves.

 

For example, an 18 y/o denied an FOID for lack of a parents signature might have their case languish for 3 years such that they turn 21 and could get an FOID without a parent's signature.  The court, recognizing that the next 18 y/o would also have their case languish for years, may allow the case to continue even if the standing question becomes murky due to the plaintiff turning 21.  Horsley v. Trame was nearly in this situation.


Edited by Silhouette, 15 March 2019 - 02:32 PM.


#7 skinnyb82

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Posted 23 March 2019 - 07:36 AM

See Koshinski v. Trame on the "public importance exception" to the standing requirement. It involves ex parte proceedings. Several terms for it, one meaning: the importance of the issue, the likeliness it'll occur again, and again, and again, outweighs mootness. Balancing. Link to post in Judicial: http://illinoiscarry...showtopic=65494 Fifth District Appellate Court decision: http://www.illinoiscourts.gov/OPINIONS/AppellateCourt/2017/5thDistrict/5150398.pdf "The plaintiff, David Koshinski, filed an action challenging the constitutionality of two firearm licensing statutes, section 8.2 of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/8.2 (West 2014)), and section 70(B) of the Firearm Concealed Carry Act (430 ILCS 66/70(B) (West 2014)), which temporarily revoked, without giving him notice or an opportunity to be heard, his right to possess firearms as a result of an emergency order of protection entered against him. Because the defendant, Jessica Trame, in her official capacity as chief of the Firearms Services Bureau of the Department of State Police, had restored the plaintiff’s right to possess firearms prior to the hearing on his action, the circuit court dismissed the plaintiff’s action as moot. For the, following reasons, we reverse the circuit court’s dismissal order, and we remand the cause for further proceedings." "Further, the role of the defendant, as chief of the Firearms Services Bureau, in executing the provisions of the firearm suspension statutes is a recurring question. See People ex rel. Department of Corrections v. Fort, 352 Ill. App. 3d 309, 314 (2004) (issue regarding propriety of force to monitor and/or force feed inmate on hunger strike, was properly reviewed under public interest exception to mootness doctrine because whether an inmate may starve to death while under the care of the Department of Corrections was a matter of public importance and the role of the Department in these situations was a recurring question); see also People ex rel. Department of Corrections v. Millard, 335 Ill. App. 3d 1066, 1070 (2003) (same). Thus, this question is likely to, recur. Because this case meets the requirements of the public interest exception to the mootness, doctrine, we find that the circuit court improperly dismissed it as moot." Sent from my VS987 using Tapatalk
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