Jump to content


Photo

Culp vs Madigan - Lawsuit Filed On Behalf of Non-Residents


  • Please log in to reply
672 replies to this topic

#151 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 26 February 2015 - 04:28 PM

When the letter and the intent do not match, things like this can occur.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#152 III

    Domari Nolo

  • Members
  • 1,833 posts
  • Joined: 04-December 13

Posted 06 April 2015 - 06:46 AM

Any updates or movement on this case?....


-------------------------------------------------------------------------------------------

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

"Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that's good." - George Washington


#153 kwc

    Member

  • Supporting Members Team
  • 3,265 posts
  • Joined: 17-December 13

Posted 06 April 2015 - 07:48 AM

Any updates or movement on this case?....


Latest entry in Pacer, dated March 26, 2015, shows the outcome of the scheduling conference:

SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 4/16/2015; Amended Pleadings / Joinder of Parties due by 4/27/2015; Fact Discovery due by 6/24/2015; Plaintiff`s Expert Disclosure due by 7/24/2015; Defendant`s Expert Disclosure due by 9/22/2015; Expert Discovery due by 10/22/2015; Dispositive Motions due by 11/23/2015. Final Pretrial Conference set 2/29/2016 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set 3/15/2016 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Monday, 10/26/2015, at 2:00 PM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. See written order. (LB, ilcd)


Edited by kwc, 06 April 2015 - 07:49 AM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#154 johnsxdm

    Member

  • Supporting Members Team
  • 1,097 posts
  • Joined: 09-December 12

Posted 06 April 2015 - 09:30 AM

It is amazing how lawyers can drag things out.

#155 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 06 April 2015 - 10:01 AM

In this scenario it may be a strategic motive. Primary complainant is an active duty airman stationed in Illinois. By dragging things out they may be trying to diminish his claim by waiting for his orders to be up and move to another duty station. A relocation would mean his need for an FCCL no longer exists. See people, your politicians are extremely anti-military too, even when they claim to be pro-military. Drury is an example of this.

Edited by domin8, 06 April 2015 - 10:04 AM.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#156 III

    Domari Nolo

  • Members
  • 1,833 posts
  • Joined: 04-December 13

Posted 06 April 2015 - 10:04 AM

In this scenario it may be a strategic motive. Primary complainant is an active duty airman stationed in Illinois. By dragging things out they may be trying to diminish his claim by waiting for his orders to be up and move to another duty station.

 

 

Which is all the more reason why I do not understand why the legal team for "our side" is not considering adding other plaintiffs to this case.  I know that there are many other non-residents that are being withheld their right to self-defense due to the State's misinterpretation/implementation of the FCCA.


-------------------------------------------------------------------------------------------

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

"Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that's good." - George Washington


#157 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 06 April 2015 - 10:06 AM


In this scenario it may be a strategic motive. Primary complainant is an active duty airman stationed in Illinois. By dragging things out they may be trying to diminish his claim by waiting for his orders to be up and move to another duty station.


 
 
Which is all the more reason why I do not understand why the legal team for "our side" is not considering adding other plaintiffs to this case.  I know that there are many other non-residents that are being withheld their right to self-defense due to the State's misinterpretation/implementation of the FCCA.

There are several nonresident plaintiffs identified in the initial complaint. None of them are the primary complainant though.

69af0b1c939b91ff3d3a084cfd77f84c.jpg

Edited by domin8, 06 April 2015 - 10:08 AM.

Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#158 chislinger

    Member

  • Supporting Members Team
  • 5,472 posts
  • Joined: 21-November 13

Posted 06 April 2015 - 10:24 AM

No doubt Madigan will ask for extensions to all of those dates.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#159 Teufel Hunden

    Member

  • Members
  • PipPipPipPipPipPipPip
  • 370 posts
  • Joined: 07-January 14

Posted 06 April 2015 - 10:57 AM

I was hoping that with a change in governor, that there might be a resulting change of course within ISP. I guess I'm a little too optimistic.

#160 skinnyb82

    Member

  • Members
  • 6,379 posts
  • Joined: 07-November 12

Posted 19 April 2015 - 03:12 PM

It's Myerscough's case. What do you expect? "Let's pump this through because then I can dump it off on CA7." The fact that all of the State's motions for extensions have been granted, citing total horse manure like "I'll be on vacation" and "I have to prepare motions in this case, this case, this case (five more cases) so I need more time" is pathetic. Private practice attorneys would be shredded for doing that, it's an ethical violation to take on a larger caseload than one is capable of managing and "I don't have the time, I have to prepare motions in five other cases" is about as clear or an admission of ethics violations as possible.
NRA Member
SAF Member
C&R License Holder

#161 MrTriple

    Member

  • Members
  • 1,800 posts
  • Joined: 22-April 13

Posted 31 May 2015 - 04:07 PM

 

In this scenario it may be a strategic motive. Primary complainant is an active duty airman stationed in Illinois. By dragging things out they may be trying to diminish his claim by waiting for his orders to be up and move to another duty station.


 
 
Which is all the more reason why I do not understand why the legal team for "our side" is not considering adding other plaintiffs to this case.  I know that there are many other non-residents that are being withheld their right to self-defense due to the State's misinterpretation/implementation of the FCCA.

There are several nonresident plaintiffs identified in the initial complaint. None of them are the primary complainant though.

69af0b1c939b91ff3d3a084cfd77f84c.jpg

 

 

Just a random thought, should we consider blanking out their names on that document? Antis do peruse these boards, and I'd be worried about them becoming targets for harassment or what-have-you.


"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

#162 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 17,374 posts
  • Joined: 20-February 09

Posted 31 May 2015 - 04:08 PM

It's in the public record.

.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#163 MrTriple

    Member

  • Members
  • 1,800 posts
  • Joined: 22-April 13

Posted 31 May 2015 - 05:56 PM

It's in the public record.

 

I figured, but it was worth checking.


"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

#164 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 31 May 2015 - 06:21 PM

If it wasn't public record I would not have posted that unredacted.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#165 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 17,374 posts
  • Joined: 20-February 09

Posted 31 May 2015 - 07:15 PM

It's in the public record.

 
I figured, but it was worth checking.


It's always good to ask.

.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#166 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,635 posts
  • Joined: 18-April 05

Posted 31 May 2015 - 09:14 PM

I am glad we have this lawsuit in the works.  I was very disappointed to see the military service member right to CCL pulled from the FCCA technical bill this week.  However, the lawsuit may serve to correct this problem across the nation and not just here in IL.

 

Onward!!


"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

#167 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 17,374 posts
  • Joined: 20-February 09

Posted 31 May 2015 - 11:57 PM

I've was thinking today about how interesting it is to be able to identify the moment and person that potentially was the catalyst for a ruling that could effect so much more than one state.

I hope to look back at this with a smile, knowing we were here to see it.

.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#168 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 01 June 2015 - 06:43 AM

So you're expecting a loss at the lower level courts?
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#169 Hap

    Member

  • Supporting Members Team
  • 1,701 posts
  • Joined: 16-May 13

Posted 01 June 2015 - 06:43 AM

When the fight is over - let's make that, when the fight has succeeded to the point where there is a little slack in the schedule - it would be good to devote some effort to getting some of the critical events and locations - in Illinois, for example, Mary Shepard's church, Otis McDonald's and Rhonda Ezell's homes, etc. - added to the National Register of Historic Places. It's taken decades and a lot of effort to get the proper sort of recognition for sites important to the black civil rights movement but it's gotten done and provides, I think, a good model for what we should do in the future.


Ad utrumque paratus


#170 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 17,374 posts
  • Joined: 20-February 09

Posted 01 June 2015 - 08:12 AM

So you're expecting a loss at the lower level courts?


I was so careful to include the word "potentially" so it wouldn't be taken as a prediction ...

.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#171 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,635 posts
  • Joined: 18-April 05

Posted 01 June 2015 - 08:37 AM

So you're expecting a loss at the lower level courts?

 

 

It would follow the pattern of the other suits so, I wouldn't be surprised.


"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

#172 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,635 posts
  • Joined: 18-April 05

Posted 21 June 2015 - 09:25 PM

jmeyers' interesting situation and discussion have been split off into it's own topic.


"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

#173 jmeyers

    Member

  • Members
  • PipPipPip
  • 181 posts
  • Joined: 08-June 15

Posted 22 June 2015 - 07:57 AM

Wednesday is an important date in this case (3:14-cv-03320).  Deadline for filing Fact Discovery.  Should be expecting some pretty large filings in the next day or 2 I would imagine.



#174 kwc

    Member

  • Supporting Members Team
  • 3,265 posts
  • Joined: 17-December 13

Posted 06 August 2015 - 08:32 AM

Significant development in this case yesterday: The Plaintiffs filed a motion for a preliminary injunction.  The motion and supporting memorandum (retrieved from PACER) are attached.

 

Happy reading!  :)

 

Edited Aug 11: Replaced memorandum with updated copy.

 

 

.

Attached Files


Edited by kwc, 11 August 2015 - 07:32 AM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#175 ChicagoRonin70

    The Landlord of the Flies!

  • Supporting Members Team
  • 2,908 posts
  • Joined: 02-August 14

Posted 06 August 2015 - 09:43 AM

Significant development in this case yesterday: The Plaintiffs filed a motion for a preliminary injunction.  The motion and supporting memorandum (retrieved from PACER) are attached.

 

Happy reading!  :)

 

 

Wow, that was excellent! That memo is a face-punch!


“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#176 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 17,374 posts
  • Joined: 20-February 09

Posted 06 August 2015 - 05:30 PM

Significant development in this case yesterday: The Plaintiffs filed a motion for a preliminary injunction.  The motion and supporting memorandum (retrieved from PACER) are attached.

 

Happy reading!  :)

 

 

 

 
It seems like that Culp guy has a pretty good attorney     :cool:  

.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#177 Marie

    Lizzie's Bennet's alter ego

  • Supporting Members Team
  • 4,132 posts
  • Joined: 14-December 12

Posted 06 August 2015 - 07:59 PM

That was some good reading!


Great Lakes: Unsalted and Shark Free!


#178 oohrah

    Member

  • Supporting Members Team
  • PipPipPip
  • 180 posts
  • Joined: 11-May 15

Posted 07 August 2015 - 06:38 PM

Well, I hope something happens.  I'm in TX, but visit IL frequently.  I just don't understand the reasoning behind tying my state's rules to getting a non-res IL permit.  I mean, if I comply with all the background checks and training that IL requires, regardless of which state I'm from, I think I should be able to an IL non-rez permit.

 

Just wondering.

 

TX gives non-res licenses regardless of home state, our only requirement is that you have to take the class physically in Texas.


USMC, Retired
Waco, Texas
Texas LTC
Illinois CCL
SASS 105352

#179 Gamma

    Member

  • Members
  • 2,231 posts
  • Joined: 29-December 13

Posted 07 August 2015 - 07:33 PM

One thing I was disappointed in, was that the lawsuit does not address the doubling of the license fee for non-residents. For a fundamental civil right, the fee should be the same. The current cost of the fee for non-residents is clearly excessive.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#180 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 07 August 2015 - 08:53 PM

Yes, the fee is excessive, but good luck arguing it when most other states charge more to nonresidents than residents.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users