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Have Questions About the new Protect Illinois Communities Act?
Euler replied to mauserme's topic in Illinois Politics
Private sales across state lines without checks (i.e., FFLs) are federally prohibited. But, of course, if you ignore laws, then there are no restrictions anywhere. -
Powell v IL - Racial impact of gun violence
Euler replied to Euler's topic in Judicial Second Amendment Case Discussion
On September 21, plaintiffs asked for an extension until October 24 to file an amended complaint. -
Duncan v Becerra - CA mag ban (continued)
Euler replied to Euler's topic in Judicial Second Amendment Case Discussion
Now might be a good time to review the tortured path this case has tread. It began in the Southern District of California, where Benitez ruled for plaintiff (Duncan).The state (Becerra) appealed. A 9th Circuit panel affirmed the District decision.The state moved for an en banc hearing. The 9th Circuit en banc overturned the District decision.The plaintiff sought certiorari (US Supreme Court).Meanwhile, the US Supreme Court ruled on NYSRPA v Bruen.The US Supreme Court granted certiorari, summarily vacated the 9th Circuit decision, and sent the case back to the 9th Circuit for a ruling consistent with the new Bruen precedent.The 9th Circuit chose not to perform a Bruen analysis itself, so it sent the case down to the District Court.Benitez has ruled again for the plaintiff.The state (Bonta this time) is appealing. I haven't read what the state's basis is for the appeal. About the only thing the state can really appeal is the Bruen analysis. I suppose the 9th Circuit can rule that the analysis was done incorrectly and ping-pong the case back and forth with the District Court. FWIW, Benitez has been a "senior" judge since 2017. That means he's semi-retired and takes cases only as designated by the chief judge of the 9th Circuit. He's 73 years old. He's not going to be around much longer. -
Duncan v Becerra - CA mag ban (continued)
Euler replied to Euler's topic in Judicial Second Amendment Case Discussion
Appeals are granted a panel hearing automatically for anybody who wants one. En banc and certiorari can be denied. -
The first thing to do is expunge the felony, otherwise any "appeal" will end in denial. There's no time limit on a felony. Once the felony is expunged, you can file a records challenge. There's no time limit on a records challenge.
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Pretty much that. Every rifle has a feature that allows supporting the rifle with one's non-trigger-finger hand and not burning it. The language itself is over-broad. In addition, I think it's also worth remembering that the word "shroud" was introduced into the gun control debate by the 1994 Clinton AWB. It was never used by the pro-2A side before that and has never been precisely defined by the anti-2A side after that. The difficulty is that LE not enforcing a law doesn't guarantee that it doesn't apply. The first enforcement point is supposed to be when owners register their firearms. If the firearm is not exempt, the police will deny the registration and seize it. But if even an owner who wants to comply with the law thinks he isn't required to register a firearm, then LE will never know. That's the functional definition of unconstitutional vagueness: people cannot comply with a law if they can't figure out when it's supposed to apply. The alternative is to chill the exercise of a right: people choose to avoid situations (rather than the government actively prohibiting them) where the law shouldn't apply, because they fear the extreme consequences of arbitrary enforcement (which is exactly why vagueness is unconstitutional).
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After reinstatement
Euler replied to Jhobbs929's topic in Illinois FOID Application, Renewal & Appeal Process
If the felony was expunged or pardoned, you answer 'No." Presumably one of those things happened for you to get your FOID. -
Takedown or not, semi-auto + detachable magazine = banned. There is no exception for 22LR. Supposedly Harmon said on the floor during senate debate that he specifically did not want to exclude the 10/22 from the ban. The law does specifically allow tube-fed 22LR, but that's just a special case of a non-detachable magazine. (At least I've never heard of a detachable tube magazine.)
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The argument put forward by those who say the Mini-14 Ranch is legal is that it isn't specifically listed, which the Mini-14 Tactical is. It's not a valid argument. There are lots of banned firearms that aren't listed. The "specific list" isn't a definitive list. It's just a list of every firearm they could think to name, dog piled from every other list every other gun-grabber could think to name. For the Mini-14, all models, semi-auto + detachable magazine = banned. If you can get someone to transfer one to you, have at it, but don't expect it.
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Inadvertent Yes
Euler replied to bigdudez25's topic in Illinois FOID Application, Renewal & Appeal Process
According to the checklist in the opening post of Illinois FOID Application, Renewal & Appeal Process > How to Appeal Revoked or Denied FOID: Illinois State Police Office of Firearms Safety 801 South Seventh Street, Suite 600-S Springfield, Illinois 62703-2487 Or by email at: ISP.FOID.Appeals@illinois.gov -
ISP has filed the Emergency Rule to implement PICA
Euler replied to Upholder's topic in Illinois Politics
You are hereby coerced to waive your rights "voluntarily." It's the socially relative definition of "voluntarily." -
... according to 22% of Americans polled (pdf). The Annenberg Public Policy Center (University of Pennsylvania) conducted a poll during August 9 to August 15. When asked to name the 5 rights protected by the 1st Amendment ... In the 2023 poll:77% listed freedom of speech.40% listed freedom of religion.33% listed freedom of assembly.28% listed freedom of the press.9% listed freedom to petition the government.22% listed the right to keep and bear arms. In the 2022 poll:77% listed freedom of speech.54% listed freedom of religion.42% listed freedom of assembly.38% listed freedom of the press.22% listed freedom to petition the government.15% listed the right to keep and bear arms. (Agree/Disagree) The 1st Amendment's protection of freedom of speech means that Facebook must allow all Americans to say anything they want.53% agreed in the 2023 poll.55% agreed in the 2022 poll. Regarding the 3 branches of government ... In the 2023 poll:66% of respondents could name all 3 branches of government.10% could only name 2.7% could only name 1. In the 2022 poll:72% of respondents could name all 3 branches of government.6% could only name 2.6% could only name 1. What percentage of US Supreme Court rulings are decided 8-1 or 9-0? The average response was 35%. (19% responded 60% or higher. The actual amount is 50%. No values were specified for the 2022 poll.) If the President and the Supreme Court disagree on whether an action by the President is constitutional, who makes the final determination? In the 2023 poll:54% said the Supreme Court decides.21% said Congress decides.4% said the President decides. In the 2022 poll:46% say the Supreme Court decides.20% say Congress decides.5% say the President decides. If a US Supreme Court ruling is decided 5-4, who decides the law? In the 2023 poll:71% said the ruling is law.16% said the ruling is sent to Congress to decide the law.12% said the ruling is sent to a Federal Court of Appeals to decide the law. In the 2022 poll:74% said the ruling is law.14% said the ruling is sent to Congress to decide the law.12% said the ruling is sent to a Federal Court of Appeals to decide the law.