Jump to content

ISRA Alert - ISRA/SAF file federal lawsuit demanding State Police stop FOID card delay (Bradley v. Kelly)


Craigcelia

Recommended Posts

  • 2 weeks later...

The “police power” is a constitutional law term that predates the modern concept of a police departments or officers. Here’s the definition from a legal dictionary “ Police power describes the basic right of governments to make laws and regulations for the benefit of their communities.”

 

https://legal-dictionary.thefreedictionary.com/Police+Power

I facepalmed when reading the IL AG's filing in one of the cases, that defined the police power as being the Illinois State Police.
Link to comment
Share on other sites

If it can help this case or anywhere else with the efforts: A friend of mine is on day 134 'under review' for a new, first time, FOID application. Should I have him contact anyone with this info?

In my opinion it would be a waste of time unless you have a high powered attorney. I've been "under board review" since March for my CCL. I've attempted to call and got nowhere. You can call but the chances of getting in contact with someone is slim to none. Hopefully with the new appointments, things get rolling.

Link to comment
Share on other sites

  • 2 weeks later...

 

The “police power” is a constitutional law term that predates the modern concept of a police departments or officers. Here’s the definition from a legal dictionary “ Police power describes the basic right of governments to make laws and regulations for the benefit of their communities.”

 

https://legal-dictionary.thefreedictionary.com/Police+Power

I facepalmed when reading the IL AG's filing in one of the cases, that defined the police power as being the Illinois State Police.

 

Someone explained Police Powers in one of the threads AND it matched up with several encyclopedia explanations.

I say we encourage the state to use that definition as it is WRONG.

 

I would also add, where is the lawsuit to deep six the FOID in its entirety? What other RITE requires a LICENSE, and INFRINGES on the 2nd amendment, in violation of the 14th Amendment ? Where is my permit to prevent illegal searches and seizures, or the permit or license to avoid incriminating ones self, how about a 1st amendment permit to speak about greivences about the government?

 

Yea Yea Yea the FOID does SOOOOOO MUCH GOOD in keeping guns out of people hands that shouldn't have them!!!! To that I say one word, "CHICAGO".

Link to comment
Share on other sites

  • 4 weeks later...

9/12/2020 Defendants Kelly and Trame moved to dismiss complaint for lack of jurisdiction. Opposition briefing and reply briefing to be completed by Nov. 3, 2020. Motion to dismiss is based on

:

the Individual Plaintiffs’ claims are moot and the Organizational Plaintiffs lack standing; as such, this Court should dismiss the complaint in its entirety. Further, this case is factually similar to Thomas et al. v. Illinois State Police et al., Case No. 20-CV-734, which was filed by the same attorneys and Organizational Plaintiffs in the Northern District of Illinois on January 31, 2020, and assigned to Judge Mary M. Rowland. As discussed in the Defendants’ memorandum in support of their motion to reassign this case as related, 20-CV-734 ECF. No. 29, the plaintiffs in Thomas allege very similar claims to those alleged by the Individual Plaintiffs in this case. Specifically, both cases include allegations that the plaintiffs’ Second Amendment rights were violated by Defendants’ administration of the FOID Card Act. Defendants filed a motion to dismiss and supporting memorandum in Thomas on August 24, 2020, 20-CV-734 ECF Nos. 26-27, which has not been fully briefed.

Link to comment
Share on other sites

  • 2 weeks later...

the plaintiffs in Thomas allege very similar claims to those alleged by the Individual Plaintiffs in this case. Specifically, both cases include allegations that the plaintiffs’ Second Amendment rights were violated by Defendants’ administration of the FOID Card Act.

 

If I was a Judge I would deny the motion and quote that part in the denial saying the multiple allegations appears to allege a broad denial of rights by the state that is a cause for concern.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...