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Rodgers v Hacker


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#1 Craigcr2

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Posted 28 October 2020 - 04:27 PM

This one was filed in the SDIL last week. Hes basically going after everything with counts challenging FOID processing, fees for FOID/CCL, melting point, and transfers taking longer than 72 hours.

https://www.courtlis...d.86072.1.0.pdf

#2 InterestedBystander

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Posted 28 October 2020 - 04:38 PM

..."That Defendant Gregory Hacker (“Hacker”) is the Chief of the Illinois State Police Firearms Services Bureau, and is responsible for the processing of FOID card applications and the issuance of FOID cards."...

This one is a new name for me.

Illinois State Police - 4 years 2 months

Lieutenant / Acting Commander Firearms Services Bureau - Jan 2020 - Present 10 months

Master Sergeant / Office of Labor Relations and Special Projects - Oct 2017 - Jan 2020 2 years 4 months

Master Sergeant / Mansion Detail Leader / Executive Protection Unit - Sep 2016 - Sep 2017 1 year 1 month
NRA Life Member; ISRA Member
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#3 Flynn

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Posted 28 October 2020 - 05:06 PM

This one was filed in the SDIL last week. Hes basically going after everything with counts challenging FOID processing, fees for FOID/CCL, melting point, and transfers taking longer than 72 hours.

https://www.courtlis...d.86072.1.0.pdf

 

A case like this is ripe to be run all the way up to the Supreme Court, imagine the field day the Supreme Court could have with all those infringing claims.


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#4 Mick G

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Posted 28 October 2020 - 05:48 PM

 

This one was filed in the SDIL last week. Hes basically going after everything with counts challenging FOID processing, fees for FOID/CCL, melting point, and transfers taking longer than 72 hours.

https://www.courtlis...d.86072.1.0.pdf

 

A case like this is ripe to be run all the way up to the Supreme Court, imagine the field day the Supreme Court could have with all those infringing claims.

 

 

It does cover a lot of things and I personally love the wording.

 

9. On its face, the charges for a FOID and a FCCL appear to be a mere fee used to process applications. However, this is a farce.
10. As actually enforced, the charges are not a mere fee, but on closer examination clearly become a tax on constitutionally protected activity, that being the acquisition, possession and bearing of arms and ammunition.
11. That under the Second Amendment to the U.S. Constitution, as incorporated by the Fourteenth Amendment, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

17. Contrary to the plaint language of the statute, for the time period 2014 through 2019, a total of $13,210,268 was taken from the State Police Firearm Services Fund, from funds generated by FOID and FCCL license receipts, and transferred to the General Revenue Fund and a total of $15,296,510 was taken from the State Police Services Fund, from funds generated by FOID and FCCL license receipts, and transferred to the General Revenue Fund for a total of $28,506,778, or over five million dollars a year. That there is no indication that this was a fluke, an accounting mistake or a onetime event, and appears certain to happen again for the 2020, 2021 and beyond fiscal years, in that, the State of Illinois Defendants are using the taxes generated by the FOID and FCCL charges to fund general revenues for the State of Illinois, and this is the official policy of the State of Illinois as expressed by its pattern and practice. 18. A state may not impose a charge for the enjoyment of a right protected by the constitution. Case 3:20-cv-01116-RJD Document 1 Filed 10/22/20 Page 8 of 14 Page ID #8

 

Gregory Hacker - Acting Commander Firearms Services Bureau, when you sue the person in charge of what you are suing about.

I doubt that Brendan Kelly throws him under the bus but set your sights low and hopefully hit high.

I like this lawsuit.



#5 GTX63

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Posted 28 October 2020 - 05:54 PM

Giddy up! Yah! Hyah!

"Fill Your Hand You ***"!"

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#6 RyanC

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Posted 28 October 2020 - 06:55 PM

That is good news. Do you think courts may try to punt, as not have to rule on a second amendment case?

#7 Craigcr2

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Posted 28 October 2020 - 07:44 PM

That is good news. Do you think courts may try to punt, as not have to rule on a second amendment case?


On some counts, but it’s written well enough that the 2A is unavoidable on some. My biggest concern is a challenge to Rodgers’ standing.

#8 Flynn

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Posted 28 October 2020 - 08:33 PM

 

That is good news. Do you think courts may try to punt, as not have to rule on a second amendment case?


On some counts, but it’s written well enough that the 2A is unavoidable on some. My biggest concern is a challenge to Rodgers’ standing.

 

 

IMO they may be able to challenge the not getting a FOID, by simply issuing it before court and the entire "I might get arrrested claim" but I don't see how they could dismiss their standing on anything else as it all revolves around deprivation of their rights.   What Illinois courts will likely do it apply the horribly low standard to allow infringments of the 2nd, something that is ripe for appeal all the way up to the top.


Edited by Flynn, 28 October 2020 - 08:33 PM.

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#9 Craigcr2

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Posted 29 October 2020 - 05:27 AM

That is good news. Do you think courts may try to punt, as not have to rule on a second amendment case?


On some counts, but it’s written well enough that the 2A is unavoidable on some. My biggest concern is a challenge to Rodgers’ standing.
 
IMO they may be able to challenge the not getting a FOID, by simply issuing it before court and the entire "I might get arrrested claim" but I don't see how they could dismiss their standing on anything else as it all revolves around deprivation of their rights.   What Illinois courts will likely do it apply the horribly low standard to allow infringments of the 2nd, something that is ripe for appeal all the way up to the top.

Standing is hard for a claim when the injury is anticipated. A good example is the melting point challenge. He wants to buy a zinc gun at some point in the future but won’t be able to. The court is going to look at this differently than they would if he already ordered a zinc gun, but his FFL couldn’t transfer it; then there’s an actual injury.

#10 Silhouette

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Posted 29 October 2020 - 09:40 AM

I would anticipate that this case will be significantly narrowed based on standing, and delays notwithstanding, some elements will be mooted by eventual issuance of a FOID card to the individual.  We have seen similar machinations with people under 21 applying for FOID cards.  However, the count regarding the fees for the FOID cards could well be a very interesting one.  Rulings on this count could affect the existence of the FOID fee, future lawsuits by others regarding their own fees, and even the existence of the FOID.  

 

Would a ruling on the Foid Fee permit other cases requesting fees and attorneys fees under Section 1983?



#11 JTHunter

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Posted 29 October 2020 - 09:38 PM

Talk about a "laundry list" of complaints - WOW !

I wish Mr. Rogers and his lawyer(s) the best of luck !


“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

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