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ISRA vs ISP FOID delays - Bradley vs Kelly


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From what I'm reading, they'd better not make a habit of doing this...

 

It's standard operating procedure for Illinois and because they are 'The State' the judges almost always tolerate it and allow it to continue well beyond what would be allowed from other defendants.

 

Personally I'm of the opinion that when the courts sets a deadline it's a deadline unless you can prove to the court that there were extenuating circumstances that were unable to be overcome you are SOL, but that isn't the way it works, these judges will hand out 30 day extentions like participation trophies as long as 'The State' files a motion asking for one... If the judges and courts stuck to their deadlines there wouldn't be decade long backups in the stupid court system...

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Can the defense effectively complain to the judge and make an actual redline?

 

 

The defense is the one that basically controls the trial speed in most cases and it's used to drag out the court case and wear down the plantiff's resolve (not only in these big cases but even in small cases) the plantiff can complain but it's essentially a waste of time especially when the a government agency is the one delaying things they will almost always be given the benefit of doubt by the courts.

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  • 2 weeks later...

https://www.courtlistener.com/docket/17366674/bradley-v-kelly/

 

72 Feb 1, 2021

 

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' unopposed motion to file overlength brief instanter 70 is granted. Plaintiffs shall file attached reply as a separate entry on the docket. Mailed notice. (dm, ) (Entered: 02/01/2021)

 

Main Doc

 

73 Feb 2, 2021

 

REPLY by Illinois State Rifle Association, Second Amendment Foundation, Inc. to response in opposition to motion, 67 (for Preliminary Injunction) (Attachments: # 1 Exhibit 1 - Declaration of Richard Pearson, # 2 Exhibit Group 2 - Declarations of Alekseev, Schamaun, Kirkland, and DiCarlantonio)(Sigale, David) (Entered: 02/02/2021)

 

Main Doc

 

Att 1

 

Exhibit 1 - Declaration of Richard Pearson

 

Att 2

 

Exhibit Group 2 - Declarations of Alekseev, Schamaun, Kirkland, and DiCarlantoni

 

74 Feb 5, 2021

 

MEMORANDUM by Bruce C Davidson, Sarah Davidson in Opposition to Motion to Dismiss for Failure to State a Claim 61 (Davidson, Bruce) (Entered: 02/05/2021)

 

Main Doc

 

75 Feb 5, 2021

 

RESPONSE by Jarod Ingebrigtsen, Brendan F. Kellyin Opposition to MOTION by Intervenor Plaintiffs Matthew Bryar Smith, Karen Gordon, Thomas Anthony Smith, Julie A Bryar-Smith to intervene 57 (Opposition to Thomas A. Smith Only) (Attachments: # 1 Notice of Filing)(Johnston, Mary) (Entered: 02/05/2021)

 

Main Doc

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Sadly these delays still won’t be enough of a push to get the FOID act repealed. They don’t give a crap that it’s essentially a ban on the 2nd. It’s absurd that you have to pay $10 to pass a background check to be able to buy a gun after passing a second background check.

 

I’d like to know how many people have been assaulted, raped or murdered while waiting to get permission from the ISP to utilize their 2A rights. My mother has a friend whose daughter is going through a divorce. Her soon to be ex is batshit crazy and now a druggie iirc. She’s got a restraining order but that will do F all to protect her. The cops will surely do a thorough investigation after he kills her.

 

Her father is a gun owner so you can guess what my advice for this woman was. Alive and in legal trouble is better than dead with a clean record.

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  • 1 month later...

The attorney should put Mr. Kelly on the stand and ask him if his statements to the press, as quoted below, are accurate.

 

Illinois State Police Director Brendan Kelly says the backlog of gun owner licenses is “absolutely unacceptable” and the department is doing what they can.

State police data shows new FOID applications are taking an average of nearly 120 days, when it’s only supposed to take weeks. The backlog has, at times, exceeded 100,000.


Thursday in Springfield, Kelly said the delays are “absolutely unacceptable.”

“And they can’t be tolerated,” Kelly said. “These are important legal issues. These are important public safety issues. And, we have to get to a system that is easy and simple and straightforward for the good guys and very hard for the bad guys to get a gun.”

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The attorney should put Mr. Kelly on the stand and ask him if his statements to the press, as quoted below, are accurate.

 

Illinois State Police Director Brendan Kelly says the backlog of gun owner licenses is “absolutely unacceptable” and the department is doing what they can.

State police data shows new FOID applications are taking an average of nearly 120 days, when it’s only supposed to take weeks. The backlog has, at times, exceeded 100,000.Thursday in Springfield, Kelly said the delays are “absolutely unacceptable.”“And they can’t be tolerated,” Kelly said. “These are important legal issues. These are important public safety issues. And, we have to get to a system that is easy and simple and straightforward for the good guys and very hard for the bad guys to get a gun.”

There's no way they're accurate. His most recent statement said the backlog has been over 100,000 applications AT TIMES. I've been tracking this since January & the numbers go back a year. They've been over that the whole freaking lockdown. Any updates on this case?

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