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Shepard vs IL Attorney General


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#1 Molly B.

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Posted 16 May 2011 - 09:25 AM

The text of the lawsuit.

Attached File  NRA Lawsuit.pdf   384.24KB   892 downloads
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#2 sirflyguy

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Posted 16 May 2011 - 10:23 AM

It is a sad state of affairs that a poor elderly woman has to be beaten almost to death because of our state "laws" for "safety". Even sadder that this isn't an isolated incident. Thanks for posting this pdf of the suit. Go get 'em!

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#3 Tvandermyde

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Posted 16 May 2011 - 12:56 PM

There will be an update by the lawyer Bill Howard this afternoon at 4pm on nra news daily update

I will be on tonight at 9:20
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#4 Sigma

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Posted 16 May 2011 - 03:38 PM

I cant see how they can argue against that
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

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#5 TTIN

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Posted 16 May 2011 - 06:27 PM

Did I read the alert correctly that the case will be debated in Benton?
Patrick Henry: "Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense".

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"Illinois: Will the Defendant Please Rise?"

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#6 Molly B.

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Posted 16 May 2011 - 06:38 PM

Did I read the alert correctly that the case will be debated in Benton?

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENTON DIVISION
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#7 Sigma

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Posted 16 May 2011 - 07:42 PM

So who will this be appealed to?
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#8 TTIN

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Posted 16 May 2011 - 08:41 PM


Did I read the alert correctly that the case will be debated in Benton?

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENTON DIVISION

Save you a seat, Molly? :frantics:
Patrick Henry: "Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense".

"God made men,but Colt made them equals"

"Guns don't kill people..husbands who come home early do" -Larry The Cable Guy

"Illinois: Will the Defendant Please Rise?"

"si vis pacem, para bellum"

#9 Molly B.

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Posted 16 May 2011 - 08:49 PM

Save you a seat, Molly? :frantics:

And one for Mr. B too!!! We can hardly wait!!
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#10 papa

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Posted 16 May 2011 - 08:55 PM


Save you a seat, Molly? :frantics:

And one for Mr. B too!!! We can hardly wait!!


Make room for me also guys. :thumbsup:

#11 xbaltzx

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Posted 16 May 2011 - 09:10 PM


Did I read the alert correctly that the case will be debated in Benton?

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENTON DIVISION




Can we get a link to the alert, information about the debate?

Thanks,

#12 sirflyguy

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Posted 16 May 2011 - 09:15 PM

Please let us know when it is set for debate. I am not far away and would like to see it if possible.

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#13 milq

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Posted 17 May 2011 - 12:05 AM

My neck of the woods too!
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#14 Davey

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Posted 17 May 2011 - 04:53 AM

I cant see how they can argue against that



They'll just say...

"it's in the state's interest to protect citizens from gun violence bla bla insert more hippy BS here"

They'll also say that Heller and McDonald never said that the 2A apply to carrying guns outside the home. However, if I'm not mistaken, neither one of them ever excluded carrying outside the home either. Heller only said "most notably" in the home or some such.

That's what they'll say.

#15 Federal Farmer

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Posted 17 May 2011 - 07:35 AM

So who will this be appealed to?


It would be appealed to the 7th Circuit Court of Appeals in Chicago, probably a panel containing our 'friends' Posner and Easterbrook.

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#16 Sigma

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Posted 17 May 2011 - 03:52 PM

so the 7th Circuit Court of Appeals is a good thing?
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#17 XJCraver

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Posted 17 May 2011 - 04:27 PM

One question...

Why, throughout the entire complaint, is the word "handgun" used?? Wouldn't a more appropriate word be "firearm"?

Is there a specific reason "handgun" was used?

Overall, a good complaint. How do our chances go in Benton? I grew up in that area, but don't ever recall a 2nd Amendment case being heard down there.

#18 Lou

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Posted 17 May 2011 - 04:42 PM


So who will this be appealed to?


It would be appealed to the 7th Circuit Court of Appeals in Chicago, probably a panel containing our 'friends' Posner and Easterbrook.


Thereby guaranteeing an appeal to SCOTUS.

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#19 PPK

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Posted 17 May 2011 - 08:27 PM

so the 7th Circuit Court of Appeals is a good thing?



The word friends was in single qoutation marks. It was meant to be facetious. Posner & Easterbrook are not friends of the 2A
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#20 wazzle

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Posted 18 May 2011 - 09:45 AM

How are cases like this heard? Is it just in front of a Judge, or is a jury involved?

#21 Federal Farmer

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Posted 18 May 2011 - 10:05 AM

How are cases like this heard? Is it just in front of a Judge, or is a jury involved?


Judge. No jury. I think it is technically possible to get it before a jury (at the District Court level) but most don't prefer that route.

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#22 wazzle

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Posted 18 May 2011 - 10:19 AM


How are cases like this heard? Is it just in front of a Judge, or is a jury involved?


Judge. No jury. I think it is technically possible to get it before a jury (at the District Court level) but most don't prefer that route.


A jury of people from southern Illinois may be a positive thing.

#23 TTIN

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Posted 18 May 2011 - 02:05 PM



How are cases like this heard? Is it just in front of a Judge, or is a jury involved?


Judge. No jury. I think it is technically possible to get it before a jury (at the District Court level) but most don't prefer that route.


A jury of people from southern Illinois may be a positive thing.


I'd volunteer for that jury. Posted Image
Patrick Henry: "Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense".

"God made men,but Colt made them equals"

"Guns don't kill people..husbands who come home early do" -Larry The Cable Guy

"Illinois: Will the Defendant Please Rise?"

"si vis pacem, para bellum"

#24 blackhalo

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Posted 20 May 2011 - 04:35 AM

It would be before a judge as no facts are disputed. If it's purely a matter of law, a judge will decide it.

#25 illhunter

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Posted 27 May 2011 - 08:50 AM

I anticipate two years to a positive decision (SCOTUS)and then what, more shenanagins like Daley outlawing gun stores after McDonald. The fight will continue, before this is decided, Illinois will be the only state without carry. Wisconsin is done before summer recess. G_d save the 5 conservative justices of the USSC, if any of them die or quit, it will be impossible to get a fair shake. The Illinois courts are packed with liberal appointees and the chances of any legislation passing just went further south than Benton. It may come to civil disobedience and if the 2012 elections do not improve on the piddling changes made in Illinois in Nov 2010, we are collectively fubar.
quote]When I joined, I swore to uphold and defend the Constitution. I've never been relieved of that oath.[[/quote]

#26 stm

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Posted 27 May 2011 - 12:15 PM

I anticipate two years to a positive decision (SCOTUS)and then what, more shenanagins like Daley outlawing gun stores after McDonald. The fight will continue, before this is decided, Illinois will be the only state without carry. Wisconsin is done before summer recess. G_d save the 5 conservative justices of the USSC, if any of them die or quit, it will be impossible to get a fair shake. The Illinois courts are packed with liberal appointees and the chances of any legislation passing just went further south than Benton. It may come to civil disobedience and if the 2012 elections do not improve on the piddling changes made in Illinois in Nov 2010, we are collectively fubar.

To the best of my knowledge, judges at the state level in Illinois are elected, and they show up on the ballot every few years for retention. Federal judges are appointed by the President and confirmed by the US Senate. You can usually (but not always) gauge a federal judge's political leanings by the President who appointed them.

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#27 junglebob

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Posted 27 May 2011 - 12:32 PM

Please let us know when it is set for debate. I am not far away and would like to see it if possible.

Yes, I'd like to know the date for the court case as well. I'd like to hear it if it is open to the public.
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#28 papa

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Posted 27 May 2011 - 01:05 PM

From what I am reading here we better get there early if we want a seat. :thumbsup:

#29 junglebob

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Posted 27 May 2011 - 09:07 PM

The text of the lawsuit.

Attached File  NRA Lawsuit.pdf   384.24KB   892 downloads

The text of the lawsuit says Mary Shepard had a LTC from Pennsylvania and Florida allowing her to carry in Pa and Florida, they should have said she is allowed to carry in 30 states.
Disarming the people (is) the best and most effectual way to enslave them. George Mason

Remember the 1991 Luby Cafeteria Massacre of the Unarmed (Kileen, Texas before Texas Concealed Carry) Do we need 23 people to die in a similar incident before we're allowed effective self defense?

Three school masacres have been stopped by civilians with firearms. Two with handguns and the third by a guy with a shotgun. (Pearl, Ms; Appalacian School of Law; Edinboro,Pa)

#30 abolt243

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Posted 28 May 2011 - 08:59 AM


The text of the lawsuit.

Attached File  NRA Lawsuit.pdf   384.24KB   892 downloads

The text of the lawsuit says Mary Shepard had a LTC from Pennsylvania and Florida allowing her to carry in Pa and Florida, they should have said she is allowed to carry in 30 states.



Including IN, KY and MO, all about 30 miles or less from her home.
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