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Meyers vs Schmitz


jmeyers

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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.
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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.

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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.

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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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