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Meyers vs Schmitz


jmeyers

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Posted
The motion for an extension will say something about excessive case load, vacations, holidays, need more time to research this complex issue, blah blah blah.
  • 2 weeks later...
Posted

he should have got a nonresident

There is no such thing as a "nonresident license" in the FCCA. There are different application processes, but no distinction in the license.

  • 2 weeks later...
Posted

So they needed 15 extra days to type up a two page document? No wonder it takes them 90 days to print the FCCL.

Posted

They provided it to us this afternoon. For everyone's enjoyment, a new line of BS

Their point #3 is incorrect. Qualifications for a license are in 430 ILCS 66/25, not 430 ILCS 66/40 which solely deals with applications.

Posted
For the sake of being the Devil's Advocate, but doesn't the state have a good chance of winning this? As far as I know, there aren't any laws stating that a state has to issue a license to a non-resident, and indeed many don't.
Posted

MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out. They broke multiple Administrative Law rules

Posted

MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out. They broke multiple Administrative Law rules

 

Just wondering, didn't you know before-hand that the permit would be revoked when you left the state? I thought that was in the statutes.

Posted

 

MrTriple, its not that they won't issue, its that they revoked it, sent no notice UNTIL after i questioned it and then denied a hearing flat out. They broke multiple Administrative Law rules

 

 

 

Just wondering, didn't you know before-hand that the permit would be revoked when you left the state? I thought that was in the statutes.

 

The "substantially similar" language applies to applicants for an Illinois license. The statute does not allow the ISP to revoke a license once someone no longer resides in Illinois or in one of the approved states.

 

I believe the ISP has even revoked licenses for IL residents who move to a substantially similar state, and requires those individuals to reapply if they want an IL CCL. Nothing in the statute allows the ISP to cancel their licenses, either.

Posted

For the sake of being the Devil's Advocate, but doesn't the state have a good chance of winning this? As far as I know, there aren't any laws stating that a state has to issue a license to a non-resident, and indeed many don't.

The Supreme Court disagrees with you.

http://illinoiscarry.com/forum/index.php?showtopic=52501&page=4&do=findComment&comment=870654

They just haven't specifically applied it to this context yet.

 

Just because many states are doing something doesn't mean it's Constitutional. And many states have unlicensed open carry so their permitting processes for concealed carry will likely escape Constitutional scrutiny.

  • 2 weeks later...
Posted

Hearing has been scheduled for Tuesday Mar 1 @ 1130. I can't disclose what we are doing yet but it should be phenomenal for all out of state residents :)

 

Can you message me,

I can keep a secret :laugh:

 

Very interesting approach.

I wish you good luck,

  • 2 weeks later...
Posted

Excellent, hits all the high points that I've been making about these "cancellations". Especially appreciate the direct challenge of the lawfulness of their administrative hearing/appeals procedures as that's a problem in many circumstances.

Posted

There was a lot of thought put into the objection by Attorney Draper, another attorney from a 3 letter organization and myself. Lots and lots of drafts and this was the final result :)

Posted

Excellent, hits all the high points that I've been making about these "cancellations". Especially appreciate the direct challenge of the lawfulness of their administrative hearing/appeals procedures as that's a problem in many circumstances.

This. Wish him the best and I know March 1st seems like a long way away when you are waiting. Having Valinda there will help.

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