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Shepard vs IL Attorney General


Molly B.

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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.

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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.

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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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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.

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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. Drunk%20emoticon.gif

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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.
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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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The text of the lawsuit.

 

NRA Lawsuit.pdf

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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