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People v. Brown - FOID ruled unconstituional in IL District Court


Molly B.

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Just like I thought!

 

all four granted vacated and remanded, all found unconstitutional!

 

open carry coming to Illinois and all other 50 states.

 

Magazine Ban found unconstitutional

 

AWB’s found unconstitutional!

 

 

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On 6/30/2022 at 9:48 AM, Texasgrillchef said:

Just like I thought!

 

all four granted vacated and remanded, all found unconstitutional!

 

open carry coming to Illinois and all other 50 states.

 

Magazine Ban found unconstitutional

 

AWB’s found unconstitutional!

 

 

Do you have a link to those opinions.  

 

I can see people's heads exploding now.🤣🤣🤣🤣

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20-1507 ASSN. OF NJ RIFLE, ET AL. V. BRUCK, ATT'Y GEN. OF NJ, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-1194 DUNCAN, VIRGINIA, ET AL. V. BONTA, ATT'Y GEN. OF CA The petitions for writs of certiorari are granted. The judgments are vacated, and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-902 BIANCHI, DOMINIC, ET AL. V. FROSH, ATT'Y GEN. OF MD, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

I didn't se anything listed for Young

 

20-1639 YOUNG, GEORGE K. V. HAWAII, ET AL.

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On 6/30/2022 at 10:04 AM, bmyers said:

20-1507 ASSN. OF NJ RIFLE, ET AL. V. BRUCK, ATT'Y GEN. OF NJ, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-1194 DUNCAN, VIRGINIA, ET AL. V. BONTA, ATT'Y GEN. OF CA The petitions for writs of certiorari are granted. The judgments are vacated, and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-902 BIANCHI, DOMINIC, ET AL. V. FROSH, ATT'Y GEN. OF MD, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

I didn't se anything listed for Young

 

20-1639 YOUNG, GEORGE K. V. HAWAII, ET AL.


That’s because young was listed between the two cases, so it’s “included” as a grant vacate and remand.

 

it’s weird aphis and why they do that. But they do.


docket for young. Look at last entry

 

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1639.html

Edited by Texasgrillchef
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On 6/30/2022 at 10:04 AM, bmyers said:

20-1507 ASSN. OF NJ RIFLE, ET AL. V. BRUCK, ATT'Y GEN. OF NJ, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-1194 DUNCAN, VIRGINIA, ET AL. V. BONTA, ATT'Y GEN. OF CA The petitions for writs of certiorari are granted. The judgments are vacated, and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

21-902 BIANCHI, DOMINIC, ET AL. V. FROSH, ATT'Y GEN. OF MD, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).

 

I didn't se anything listed for Young

 

20-1639 YOUNG, GEORGE K. V. HAWAII, ET AL.

HOLLY !!!!!

Chicago, Cook county AWB here come?!?!

 

 

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On 6/30/2022 at 12:19 PM, THE KING said:

At what point do these cases affect Illinois and the rest of the country. 

 

My understanding is that directly, none of these cases will affect Illinois since none of them are in our District. 

 

Yet, indirectly, they will affect all districts because SCOTUS has told them their decisions were wrong and do over. This puts ever district on notice of what the expectations are from SCOTUS. Now, as we know some judges feel that they are above the law/are the law and will make decisions based on what they want and then will have to be smacked down by a higher court.

 

All theses cases will be citable to my understanding since SCOTUS passed judgement on them, so they do affect our circuit. 

 

Maybe someone way smarter than me can come along and explain it better.

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On 6/30/2022 at 12:38 PM, bmyers said:

 

My understanding is that directly, none of these cases will affect Illinois since none of them are in our District. 

 

Yet, indirectly, they will affect all districts because SCOTUS has told them their decisions were wrong and do over. This puts ever district on notice of what the expectations are from SCOTUS. Now, as we know some judges feel that they are above the law/are the law and will make decisions based on what they want and then will have to be smacked down by a higher court.

 

All theses cases will be citable to my understanding since SCOTUS passed judgement on them, so they do affect our circuit. 

 

Maybe someone way smarter than me can come along and explain it better.


That’s not an easy answer.

 

So will explain it like this.

 

Young V Hawaii and Duncan v Bonta are both in the 9th circuit.

 

However, there are several other cases in the 9th circuit that are similar to young’s, and similar to Duncan’s.

 

Those cases are on hold. They will come off hold, and those cases will immediately be decided in light of NYSPRA v Bruen. Those cases could be decided BEFORE the circuit court decides Young or Duncan. Those other cases are required to use the Bruen case because both Young and Duncan were GVR’d and because of Bruen case.

 

All those other cases will effect all states in the 9th circuit.

 

This is similar to Bianchi v Frosh and ANJRPC v Platkin and the other similar cases on hold because of Bruen and/or Frosh &/or ANJRPC.

 

So those cases will affect those circuits.

 

however… what’s interesting is that ANY NEW case filed in ANY district court, or even current cases APPEALED to the circuit court from the District will be required to use the BRUEN case for a decision.

 

once these 4 cases get decided and a mandate issued by their appropriate circuit court. Those opinions will then be allowed to be used as case law for all future cases in all district and circuit courts because they were GVR’d by SCOTUS.

 

So as far as any NEW cases filed, or any case that was recently filed and a hearing has yet to happen. Bruen will rule. One example of this is the case challenging the Washington State Magazine ban that goes into effect tomorrow. That lawyer has already file an emergency stay, using both Bruen, and the fact Duncan v Bonta has been GVR’d

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On 6/30/2022 at 12:19 PM, THE KING said:

At what point do these cases affect Illinois and the rest of the country. 


At this point in Illinois it’s up to the state AG and gov to issue orders to do things differently, next step is the legislature changing current laws.

 

The other option is that at any point from today forward. Someone could file a lawsuit against the state to force them to change sooner. They could file a motion for a injunction and temporary enjoinment of the law.

 

Otherwise, it’s up to the legislature, AG and Gov to make the needed changes.

 

I fully expect it to take legal action to get Illinois to enjoin those unconstitutional laws.

 

The one’s I expect will be challenged in Illinois. Any AWB, Mag ban, FOID, locations, Ammunition, and of course Open carry.

 

What one’s needs to understand. Is that even though we won with NYSPRA v Bruen. The other 7 May issue states are NOT required to change their laws, and their laws have not been ruled invalid, and been enjoined.

 

Those states either have to have their legislatures change the law, or a court has to issue a mandate to rule that states law invalid and to enjoin enforcement.

 

Now most states AG’s are issuing orders to follow the demand of SCOTUS until the legislatures can meet and change the law appropriately.

 

California and New York’s legislatures are working on that now and trying to do things that will again be challenged in court.

Edited by Texasgrillchef
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What a great day for Cook County, Chicago, Aurora, and a few other places with AWB's or mag bands. 

 

I would also like to know what this means for NFA items?

MG's are in common use by the military, and most other states allow them (even with all the NFA BS).  What about Illinios?

SBR's?  No more red tape.  

Silencers?  Well, the military is using them more and more.. I say that it is time for Illinois to get in on the act. 

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On 6/30/2022 at 1:14 PM, THE KING said:

👍

I sure hope there's alot of suits being drawn up in Illinois.  

Thanks for the update 

+1  I just don't know who to donate to any longer for causes like this.  Between the NRA and ISRA and some of their recent idea's I just don't see them as groups that will dig in.  Bueller?

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On 6/30/2022 at 3:26 PM, Jeffrey said:

+1  I just don't know who to donate to any longer for causes like this.  Between the NRA and ISRA and some of their recent idea's I just don't see them as groups that will dig in.  Bueller?

I think the SAf, GOA, and our own Illinois Carry Forum are all good places to look at donating to support the 2nd.

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I suggest donating to this forum, SAF, and FPC.  Nationally, SAF and, more recently, FPC, seem to have the most relevant legal activity.

 

Hopefully, the recent finding also fuel efforts to repeal the recents restrictions on home-built arms, which have a long history of acceptance.

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On 6/30/2022 at 4:26 PM, Jeffrey said:

+1  I just don't know who to donate to any longer for causes like this.  Between the NRA and ISRA and some of their recent idea's I just don't see them as groups that will dig in.  Bueller?

 

On 6/30/2022 at 4:35 PM, bmyers said:

I think the SAf, GOA, and our own Illinois Carry Forum are all good places to look at donating to support the 2nd.

 

IllinoisCarry is primarily a lobby organization, not a legal action organization, although it has been involved (at least) in the Miller v Walker case.

 

Locally, ISRA has been the elephant in the room. I suppose GSL is an option. Otherwise it's SAF, FPC, and GOA.

 

Edited by Euler
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On 6/30/2022 at 1:15 PM, 2smartby1/2 said:

What a great day for Cook County, Chicago, Aurora, and a few other places with AWB's or mag bands. 

 

I would also like to know what this means for NFA items?

MG's are in common use by the military, and most other states allow them (even with all the NFA BS).  What about Illinios?

SBR's?  No more red tape.  

Silencers?  Well, the military is using them more and more.. I say that it is time for Illinois to get in on the act. 


I highly doubt we will get any movement on MG’s even relaxing the 1986 limit.

 

Where we might get movement is when it comes to silencers first and foremost.

 

We might even get some form of movement with SBR and SBS.

 

We won’t get any movement for sure on other weapons, or on dangerous explosive weapons. So if you own a bazooka, and some shells, those I am afraid will remain on the NFA list.

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We will see push back with lawsuits on anything the ATF is trying to ban.

Bump Stocks, Braces, triggers and more.

 

Keep in mind the current Bump Stock cases are only challenging the ATF on its authority to regulate those items without clear and direct action by congress. It’s “ambiguity”. The ATF waived Chevron Deference, it’s still coming into play. Chevron deference was ignored in AHA and WV cases. So we are clueless what they are thinking on these cases.

 

But keep in mind if we loose those cases we can always go back and file a new case based on the 2A and 14A because those aren’t issues we brought up before.

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What happens if CA, NY, IL, and other major gun control states, and I suppose the Feds too, all push back and say, "naah, get bent, SCOTUS, we like our crappy laws and made-up regulations"?  I feel like they're one childish temper tantrum away from telling everyone to try and make them comply.

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On 6/30/2022 at 10:31 PM, EdDinIL said:

What happens if CA, NY, IL, and other major gun control states, and I suppose the Feds too, all push back and say, "naah, get bent, SCOTUS, we like our crappy laws and made-up regulations"?  I feel like they're one childish temper tantrum away from telling everyone to try and make them comply.


Cival war? Maybe? Another Jan 6?
 

I highly doubt they would go that far. That would alienate so many people that democrats would lose even more seats.

 

In the past, when a state or city has defied the courts, the president has sent in the national guard.

 

While the lower courts have thumbed their noses at the Heller decision in the last 10 years. They have not refused and ignored a mandate from the Supreme Court In a very very long long time.

 

That being said though… while NY and California are whining and crying. Even Bonta in California have admitted defeat on th good case issue. Even NY has, as well as NJ.

 

They are just trying other tactics, other ideas, just to see what they can get away with. See how far the can push it. Challenge the courts to see if they will uphold SCOTUS and even challenge SCOTUS to see if they will issue a mandate, or if they will back down again and start denying cert on 2A cases again.

 

With over 50 2A cases still pending in our courts nationwide, they have to be careful about how many we win. The more we win. The more precedent it creates for future cases. Thus making it easer and easier for us to win Even more. Basically creating a snowball effect. Big difference between just having 1 or 2 cases to cite, and have 30-40 cases to cite.

Edited by Texasgrillchef
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On 6/30/2022 at 3:26 PM, Jeffrey said:

+1  I just don't know who to donate to any longer for causes like this.  Between the NRA and ISRA and some of their recent idea's I just don't see them as groups that will dig in.  Bueller?

Second amendment foundation has always done good work in illinois. The firearm policy coalition is picking up the load where the NRA dropped off and also is involved in multiple cases in illinois and is actively seeking plaintiffs in cook county to attack the prohibition against concealed carry on public transportation. If i only gave to one, SAF. If i have enough, donate generously to both. 

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