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Madiganís office seeks dismissal of teenís suit over FOID Card Act


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#181 MrTriple

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Posted 18 November 2015 - 09:46 PM

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...072#entry952718
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#182 skinnyb82

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Posted 15 December 2015 - 11:18 AM

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
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#183 Hazborgufen

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Posted 21 December 2015 - 11:57 AM

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?



#184 borgranta

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Posted 21 December 2015 - 03:50 PM

Maybe an emancipated minor of age 16 or younger could sue after having attempted to appeal.
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#185 skinnyb82

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Posted 22 December 2015 - 10:46 AM

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. Sent from my VK700 using Tapatalk
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#186 Bo69

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Posted 22 December 2015 - 11:51 AM

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.



#187 Talonap

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Posted 23 December 2015 - 12:54 PM

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?



#188 Plinkermostly

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Posted 23 December 2015 - 08:06 PM

Military - Industrial Complex -- ?



#189 Gamma

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Posted 24 December 2015 - 09:32 PM

 

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.


Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#190 Hazborgufen

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Posted 28 December 2015 - 02:55 PM

I don't know that the term is Leftist. It's generally used in a populist way. Regardless it is a combination of the work Banker and Gangster.