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Madigan’s office seeks dismissal of teen’s suit over FOID Card Act


Molly B.

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How can we get the court to rule foid is unconstitutional? it clearly makes all guns contraband unless a person possesses an approved card(given by the state), does that not make all guns illegal by default?

Shameless self promotion, but see the thread here regarding Powell v. Tompkins, which deals with this very question but in Massachusetts:

 

http://illinoiscarry.com/forum/index.php?showtopic=59072&do=findComment&comment=952718

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  • 4 weeks later...

CA7 just published an opinion in Horsley v. Trame, even though the case had been decided months ago (AFAIK). Judge Williams writing for the panel, using some messed up reasoning, assumes the Director of ISP actually processes appeals. That was the ISP defense. "Well, she can appeal...." They just don't say that appeals aren't processed. Horsley's lawyer never bothered to even ask how many appeals are processed, how long the average appeal takes in a case such as this from filing it to resolution, how many Director approvals and denials. But he didn't so the court must assume that the FOID Card Act, ISP do have a safety valve for relief for 18-20 yr olds without a parental signature when, in reality, the remedy is "Wait until you're 21." Shame how this case could have gone completely differently had that evidence been available. Instead, an asinine precedent has been set.

 

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CA7 just published an opinion in Horsley v. Trame, even though the case had been decided months ago (AFAIK). Judge Williams writing for the panel, using some messed up reasoning, assumes the Director of ISP actually processes appeals. That was the ISP defense. "Well, she can appeal...." They just don't say that appeals aren't processed. Horsley's lawyer never bothered to even ask how many appeals are processed, how long the average appeal takes in a case such as this from filing it to resolution, how many Director approvals and denials. But he didn't so the court must assume that the FOID Card Act, ISP do have a safety valve for relief for 18-20 yr olds without a parental signature when, in reality, the remedy is "Wait until you're 21." Shame how this case could have gone completely differently had that evidence been available. Instead, an asinine precedent has been set. Sent from my SM-G900V using Tapatalk

 

Wouldn't the next step then be to have someone appeal and then file a lawsuit when no appeal process occurs?

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That would be the best idea. Her counsel did her a huge disservice by not having those records subpoenaed, deposed Trame and any and all other defendants, then proceed to destroy the state on the merits of its argument that they will even entertain an appeal. "How many appeals have been filed since my client's application was denied? ... How many instances where an appeal was processed and landed on the desk of the Director? ... How many of those appeals were approved? ... How many denied?" Of course, we all know that line of questioning would end with the question regarding the processing of appeals. As in they don't process them.

 

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It's funny how they deny a 18 yr old a FOID card but they have no problem sending them to war for the BANKSTERS or to prison.

 

What's a BANKSTER?

Leftist agitprop term for mythological "1%er" money hoarder who manipulates society and government. Respun derogatory from the old anti-semitism against Jewish bankers due to the tradition of Jews in financial services as a result of Catholic policy in the middle ages.

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