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Shepard update 7/27 -- dismissed as moot


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Posted · Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Sweet, another forum to follow. :frantics:
Posted · Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Allow me to suggest that we refrain from posting in this thread until a ruling is announced - for following and subscribing's sake. And yes, I realize I am making a post here in order to say that, but that's my humble suggestion/request at the expense of making a post myself.
Posted · Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given

Seconded. No conjecture. We do not fill this thread with posts until Stiehl rules. It is so ordered. Hehe

 

Sent from my SCH-R530U using Tapatalk 2

 

 

Posted · Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
Hidden by mauserme, July 26, 2013 at 05:21 PM - No reason given
I'm gonna go to superdawg and take lakeshore back down. Maybe I'll be able to load and carry on way back
Posted · Hidden by mauserme, July 26, 2013 at 06:42 PM - No reason given
Hidden by mauserme, July 26, 2013 at 06:42 PM - No reason given

If Todd says he needs some space, please give the man some space.

 

I cleaned up unnecessary posts and will be back to get rid of mine if/when the situation warrants.

Posted

Docket Text:

ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )

 

Posted
Holy crap. This is simply silly. the hate for guns drives these rulings. If it was VOTING or SPEECH or RECORDING a public official, or Illegal Searches! This would have have been different. If you dont believe that you are simply putting blinders on!
Posted
Well, not the news I was hoping for. Will this be going to the 7th Circuit?
Posted

Docket Text:

ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )

 

Question on what I bolded in Red. Does this mean no FOID Carry?

Posted

Well lets hope the 7th waste no time in slapping IL courts back down...

That's all this is. A game to waste more time for the people to have their rights denied. Oh well, disappointing, but what I expected nonetheless. Onwards and upwards.

Posted

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...

 

If he's overturned a second time, on a constitutional matter, any chance to pull a "Colorado"? (recall ala impeachment)

Posted

Docket Text:

ORDER DISMISSING CASE for lack of subject matter jurisdiction. MOTION for Declaration of Unconstitutionality and Preliminary and/or Permanent Injunction [75] filed by Mary Shepard, Illinois State Rifle Association is DISMISSED; MOTION to Expedite Briefing [76] filed by Mary Shepard, Illinois State Rifle Association is DENIED as moot; MOTION to Dismiss [78] filed by David Livesay, AND MOTION to Dismiss for Lack of Jurisdiction [73] filed by Tyler R Edmonds, Patrick J Quinn, Lisa M Madigan are GRANTED. ACTION DUE by 8/9/2013--parties to brief issue of award of costs and fees. Signed by Judge William D. Stiehl on 7/26/2013. (jaf )

 

Question on what I bolded in Red. Does this mean no FOID Carry?

 

For the moment, pending the anticipated appeal to the 7th, yes.

Posted

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...

 

Yeah, I would hope... It's been common speculation around there that it was going back to the 7th, I can't see the speculation from the ISRA/NRA lawyers being any different, and I suspect a rough draft that will only need to be cleaned up is ready to go 7th, in fact I would expect filing nearly immediately...

Posted

No FOID carry

 

Not YET. LOL

 

We all knew this would end up back at the 7th for final disposition one way or another.

 

I just hope they move on it quickly.

 

How much time does the state have to file an answer to the ISRA's appeal of this decision?

 

I would assume this possibility was anticipated, and there is some paperwork ready for the trip to CA7...

 

 

I would imagine so, although they will probably have to take a bit of time to answer his specific reasons for ruling the way he did.

Posted
How can a lower court dismiss an upper courts ruling? I don't understand. Can someone give me some clarification?
Posted

How can a lower court dismiss an upper courts ruling? I don't understand. Can someone give me some clarification?

They didn't. Basically they said the new FCCA law takes the place of the old UUW law so there has to be a new case as the current one dealt with the unconstiutionality of the old UUW law.

Posted

Myerscough's ruling will be the same...

Probably, but it's worth the paperwork to find out. I'll be shocked if anything happens before 2014, but it's worth the good ol college try ain't it?

Posted
I really get lost with all this legalese. What really concerns me is if the "new law" moots the claim. What prevents the GA from changing the law, re install a total ban? Yes the law is in place, but no permits for months.

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