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


Tvandermyde

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I think this is pretty clear:

 

( :cool: An “assault weapon” shall not include any firearm that:
(2) has been rendered permanently inoperable. “Permanently inoperable” means a firearm which is incapable of discharging a projectile by means of an explosive and incapable of being restored to a firing condition; or

 

Permanently inoperable means much more than simply removing the barrel. You'd have to weld a glob of steel into the barrel thread, or similar.

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I've been thinking, if the the Cook County AWB is thrown out by the court completely, would it be possible that Cook would not be able to pass another AWB due to the state preemption for laws regulating "assault weapons" in the conceal carry law?

 

If the court throws out the entire law that would mean Cook never had a valid AWB to begin with so would not have a authority to pass another one. At least that's how i'm reading the tea leafs.

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I've been thinking, if the the Cook County AWB is thrown out by the court completely, would it be possible that Cook would not be able to pass another AWB due to the state preemption for laws regulating "assault weapons" in the conceal carry law?

 

If the court throws out the entire law that would mean Cook never had a valid AWB to begin with so would not have a authority to pass another one. At least that's how i'm reading the tea leafs.

It's unlikely we will see any movement in the Wilson case since the Highland Park case is now the main AWB focus. Given the language of the Moore/Sheppard ruling my expectation is that both the Wilson and HP cases, if decided in our favor, will be given a generous stay of mandate allowing allowing for a more constitutional rewrite of the law, just like what happened with Moore/Sheppard

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It's been a while since I posted about the case, but I just spoke with lead counsel, Vic Quilici, in the Wilson case (where I am named plaintiff) and this is what he had to say:

Wilson is not on the back-burner and has moved to a point where the judge will soon assign the trial date or make a determination for ruling on joint summary judgment motions. Friedman should not be considered the main AWB case as ISRA and NRA are devoting as much attention to the Wilson case as NRA is concentrating on Friedman. Jim Vogts, lead counsel in Friedman has given equal attention as co-counsel in Wilson by focusing upon what we need to make a solid record that will enable us to succeed with finality in the Supreme Court. The two prior wins in the State Supreme Court by Wilson have effectively prevented enforcement of the assault weapon ban ordinance in Cook County. To date, no known arrests and/or convictions have resulted from the Cook County Ordinance since its passage in 2006.”

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It's been a while since I posted about the case, but I just spoke with lead counsel, Vic Quilici, in the Wilson case (where I am named plaintiff) and this is what he had to say:
Wilson is not on the back-burner and has moved to a point where the judge will soon assign the trial date or make a determination for ruling on joint summary judgment motions. Friedman should not be considered the main AWB case as ISRA and NRA are devoting as much attention to the Wilson case as NRA is concentrating on Friedman. Jim Vogts, lead counsel in Friedman has given equal attention as co-counsel in Wilson by focusing upon what we need to make a solid record that will enable us to succeed with finality in the Supreme Court. The two prior wins in the State Supreme Court by Wilson have effectively prevented enforcement of the assault weapon ban ordinance in Cook County. To date, no known arrests and/or convictions have resulted from the Cook County Ordinance since its passage in 2006.”

 

 

Thanks for the update! Good to know it's moving along ...

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  • 5 weeks later...
  • 5 weeks later...

"Wilson vs. Cook County" was in court today.

A Management Conference with the judge for was set for Dec. 9th.

At that Conference, a Pre-Trail date will be set which will likely be early in 2015.

 

I can also share that our side has 5 expert witnesses, they have 4.

I'm sure 4 anti "expert" witness only count as one mentally functioning person.

 

Here we go. Lets hope 2015 is a very happy new year.

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This was originally filed in 2010? Wow.

 

Let's hope for resolution early in the new year!

Nope. Before then. Iirc, 2007. This case has gone up to the Illinois Supreme Court 3 times, and been remanded back down to the lower courts because of rulings in other cases, such as Heller by SCOTUS in 2008.

 

Whoa! I was going by the earliest date in this thread. Oh my.

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"Wilson vs. Cook County" was in court today.

A Management Conference with the judge for was set for Dec. 9th.

At that Conference, a Pre-Trail date will be set which will likely be early in 2015.

 

I can also share that our side has 5 expert witnesses, they have 4.

I'm sure 4 anti "expert" witness only count as one mentally functioning person.

 

Here we go. Lets hope 2015 is a very happy new year.

 

Thanks for that, I just spit Pepsi all over my computer monitor LOL

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This was originally filed in 2010? Wow.

 

Let's hope for resolution early in the new year!

Nope. Before then. Iirc, 2007. This case has gone up to the Illinois Supreme Court 3 times, and been remanded back down to the lower courts because of rulings in other cases, such as Heller by SCOTUS in 2008.

 

 

For those who haven't been following the Highland Park saga, if there are any such out there, this is what Highland Park officials referred to, in a mind-blowing case of wishful thinking, as "having twice been upheld by the Illinois Supreme Court."

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