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Solomon v Cook Co Forest Preserves - ban on concealed carry


Molly B.

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As I have been teaching in my classes. Yes you can.

 

In regards to my future Illinois Classes. I will say that the ban is still in effect but can not legally be enforced.

 

The same will apply to Assault weapons bans, and Magazine Capacity bans across the nation soon. When SCOTUS releases their NYSPRA opinion, which will have impact on 4 cases that they have put on hold waiting on the NYSPRA opinion. 2 magazine ban cases, (Duncan v Bonta, ANJRPC v NJ) an AWB case (Bianchi v Frosh).

The fourth case Young v Hawaii may soon bring open carry to Illinois as well.

 

We should know something about those 5 cases by the end of the month.

 

By the same,  I mean AWB, Magazine Bans, and laws against Open carry MAY soon become unenforceable.

 

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On 6/8/2022 at 4:39 AM, Caveman2021 said:

with this, you can only carry in cook county preserve now? Are other preserves in the state allowed? ...

 

Carry in other preserves was never banned. Cook County's was written into state law specially.

 

On 6/8/2022 at 3:15 PM, Texasgrillchef said:

...

In regards to my future Illinois Classes. I will say that the ban is still in effect but can not legally be enforced.

...

 

It might be just semantics, but "ban" is the effect of the law. The law still exists, but is prohibited from being enforced, so I'd say the ban is gone.

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On 6/8/2022 at 5:07 PM, Euler said:

 

Carry in other preserves was never banned. Cook County's was written into state law specially.

 

 

It might be just semantics, but "ban" is the effect of the law. The law still exists, but is prohibited from being enforced, so I'd say the ban is gone.

So any nature preserve or forest preserve, unless posted otherwise at the entrance of said place (usually those wooden signs) that is open to conceal carry? this doesn't fall under "IL DNR locations?"

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On 6/9/2022 at 11:09 PM, Caveman2021 said:

So any nature preserve or forest preserve, unless posted otherwise at the entrance of said place (usually those wooden signs) that is open to conceal carry? this doesn't fall under "IL DNR locations?"

 

Statutorily prohibited areas are listed in 430 ILCS 66/65. "IL DNR locations" isn't one of them.

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On June 7, Kwame Raoul filed a status report conceding that the stay on the injunction has expired without the legislature acting. Cook County is negotiating the payment of the plaintiff's attorney's fees. (Presumably the "negotiation" is about how big the check will be, not whether there will be a check at all.)

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On 6/13/2022 at 1:41 PM, Euler said:

On June 7, Kwame Raoul filed a status report conceding that the stay on the injunction has expired without the legislature acting. Cook County is negotiating the payment of the plaintiff's attorney's fees. (Presumably the "negotiation" is about how big the check will be, not whether there will be a check at all.)

 

I almost feel sorry for Chicago area taxpayers affected by this.  Almost. 😄

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On 6/14/2022 at 7:35 PM, JTHunter said:

 

I almost feel sorry for Chicago area taxpayers affected by this.  Almost. 😄

I think you mean Crook county but I feel sorry for either.  This however is nothing compared to the payouts for all the people they are going to have to pay that are (or have) been released from prison for what's his name cop that just made **** up.  BILLIONS.   A Nobel prize winner in economics said Chicago should just stop digging and file for bankruptcy like Detroit, but she keeps on digging.  As does the state, the fed money is gone, s... will hit the fan soon.    Caterpillar leaving the state is just the start.... When State Farm moves we might as well burn down our homes, not if, when.  It's already 1/2 getto down there, ISU will need a border wall. 

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On 6/15/2022 at 8:04 AM, SiliconSorcerer said:

I think you mean Crook county but I feel sorry for either.  This however is nothing compared to the payouts for all the people they are going to have to pay that are (or have) been released from prison for what's his name cop that just made **** up.  BILLIONS.   A Nobel prize winner in economics said Chicago should just stop digging and file for bankruptcy like Detroit, but she keeps on digging.  As does the state, the fed money is gone, s... will hit the fan soon.    Caterpillar leaving the state is just the start.... When State Farm moves we might as well burn down our homes, not if, when.  It's already 1/2 getto down there, ISU will need a border wall. 


State Farm will probably be moving soon. They are building a huge new facility here in Texas…. No word is out why though. Other then it looks big enough to employ a thousand or more people.

 

Liberty Mutual moved their HQ to Texas, and Seems Catepiller is coming to Texas too!

 

Texas Has jobs! (For republicans only, sorry liberals!)

 

Edited by Texasgrillchef
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On 6/21/2022 at 10:57 PM, Texasgrillchef said:


State Farm will probably be moving soon. They are building a huge new facility here in Texas…. No word is out why though. Other then it looks big enough to employ a thousand or more people.

 

Liberty Mutual moved their HQ to Texas, and Seems Catepiller is coming to Texas too!

 

Texas Has jobs! (For republicans only, sorry liberals!)

 

Building?  I thought it was done.   My understanding is it's large enough to consolidate everything but they want to be in two locations GA and TX. 

There's a long history with the old CEO and family but they are either gone from the company or already in TX.  They had some unbelievable houses that ended up being sold for, well nickels, on the dollar when they left.  The ISU buildings and legacy will eventually disappear from significance and Bloomington will go from 1/2 getto to 100% and ISU will itself need a wall.   They have been asking employees questions about where they would be willing to work for a while now, answer wrong and you will find your job someplace else.   Last I knew was still using main frame computers I don't know where they are at now.   I wouldn't move my computing to the cloud especially if you have any data (that's where they bend you over) but companies are building their own "cloud" type computing solutions. 

 

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On 6/22/2022 at 8:24 AM, SiliconSorcerer said:

Building?  I thought it was done.   My understanding is it's large enough to consolidate everything but they want to be in two locations GA and TX. 

There's a long history with the old CEO and family but they are either gone from the company or already in TX.  They had some unbelievable houses that ended up being sold for, well nickels, on the dollar when they left.  The ISU buildings and legacy will eventually disappear from significance and Bloomington will go from 1/2 getto to 100% and ISU will itself need a wall.   They have been asking employees questions about where they would be willing to work for a while now, answer wrong and you will find your job someplace else.   Last I knew was still using main frame computers I don't know where they are at now.   I wouldn't move my computing to the cloud especially if you have any data (that's where they bend you over) but companies are building their own "cloud" type computing solutions. 

 


Most appear done. It looks like one buildings still under construction. 3 towers it looks like total.

 

I have no clue if they are full or not, or what they are being used for. I know a lot of companies are moving to Texas.

 

Elon Musk moved Tesla to Texas, and all of his Space-X facilities are here in Texas.

 

But back to the topic… 

 

I am sure next session, we will have legislators attempt to pass various laws on banning various locations around the state.

 

Many states are hoping on the bandwagon writing bills to ban certain locations. They are going off what was said in the November 3rd NYSPRA arguments and what the Justices labeled as “Sensitive places”

 

I think though, that they will be disappointed in what Justice Thomas has to say about what locations will be considered a sensitive place.

 

I doubt parks, and outdoor nature areas will be deemed a sensitive place. Maybe certain buildings, no different then National Parks Buildings.

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  • 2 weeks later...
On 6/13/2022 at 1:41 PM, Euler said:

On June 7, Kwame Raoul filed a status report conceding that the stay on the injunction has expired without the legislature acting. Cook County is negotiating the payment of the plaintiff's attorney's fees. (Presumably the "negotiation" is about how big the check will be, not whether there will be a check at all.)

Nevermind I found it.

Edited by AlphaKoncepts aka CGS
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On 6/8/2022 at 2:15 PM, Texasgrillchef said:

As I have been teaching in my classes. Yes you can.

 

In regards to my future Illinois Classes. I will say that the ban is still in effect but can not legally be enforced.

 

The same will apply to Assault weapons bans, and Magazine Capacity bans across the nation soon. When SCOTUS releases their NYSPRA opinion, which will have impact on 4 cases that they have put on hold waiting on the NYSPRA opinion. 2 magazine ban cases, (Duncan v Bonta, ANJRPC v NJ) an AWB case (Bianchi v Frosh).

The fourth case Young v Hawaii may soon bring open carry to Illinois as well.

 

We should know something about those 5 cases by the end of the month.

 

By the same,  I mean AWB, Magazine Bans, and laws against Open carry MAY soon become unenforceable.

 

So what’s to prevent the forest preserve police from confiscating your fire arm?

 

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On 7/5/2022 at 9:37 PM, mab22 said:

So what’s to prevent the forest preserve police from confiscating your fire arm?

 

There's nothing to stop any cop from doing anything at any time, even if the cop is committing a crime by doing so. Laws and courts don't stop criminals without badges from committing crimes. They don't stop criminals with badges from committing crimes, either. Suing his department after the fact is the judicial remedy. Maybe his department would fire him or refer the matter to a prosecutor or not.

 

Live as if you are free.

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On 6/22/2022 at 1:56 PM, Texasgrillchef said:


Most appear done. It looks like one buildings still under construction. 3 towers it looks like total.

 

I have no clue if they are full or not, or what they are being used for. I know a lot of companies are moving to Texas.

 

Elon Musk moved Tesla to Texas, and all of his Space-X facilities are here in Texas.

 

But back to the topic… 

 

I am sure next session, we will have legislators attempt to pass various laws on banning various locations around the state.

 

Many states are hoping on the bandwagon writing bills to ban certain locations. They are going off what was said in the November 3rd NYSPRA arguments and what the Justices labeled as “Sensitive places”

 

I think though, that they will be disappointed in what Justice Thomas has to say about what locations will be considered a sensitive place.

 

I doubt parks, and outdoor nature areas will be deemed a sensitive place. Maybe certain buildings, no different then National Parks Buildings.

I’m not saying that SF won’t ever move, but building the hub locations is not an indicator of some pending plan. The scale of them actually turned out to be a mistake for the company & much of the space has been subleased. 

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Yesterday, the parties reported to the judge that they had agreed to an amount for the reimbursement of Solomon's legal fees. The amount isn't included in the court documents, but Cook County has until January 9 to cough it up. This case is now terminated, subject to that payment. (i.e., If Cook County doesn't pay, the case comes back to life so the judge can order Cook County to pay, but otherwise it's done now.)

 

Rejoice.

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 I really wonder how many Cook County Forest Preserve officers know about this ruling.  I can see those officers being told to seize and arrest and let the court sort it out. Meanwhile, you get arrested, gun is seized and your vehicle is towed. Always remember, you are guilty till you prove your innocence, just my opinion.

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On 7/14/2022 at 6:55 PM, Rmac702 said:

 

 I really wonder how many Cook County Forest Preserve officers know about this ruling.  I can see those officers being told to seize and arrest and let the court sort it out. Meanwhile, you get arrested, gun is seized and your vehicle is towed. Always remember, you are guilty till you prove your innocence, just my opinion.

I don’t see this happening. Enforcing a enjoined law is a sure fire way to lose qualified immunity. 

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On 6/14/2022 at 7:35 PM, JTHunter said:

I almost feel sorry for Chicago area taxpayers affected by this.  Almost. 😄

 

For its work in McDonald v. City of Chicago, the NRA got $663,294.10 from the Village of Oak Park and another $663,294.10 from the City of Chicago.

 

Go to: http://michellawyers.com/wp-content/uploads/2012/11/City-of-Chicago-check.pdf

 

And check out that signature of Rahm Emanuel on that check made out to the NRA.

City-of-Chicago-check.pdf

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  • 5 months later...

I bet you thought this case was done. Merry Christmas, guess again. On December 13, the plaintiff filed a motion to re-open the case.

 

Motion said:

Pursuant to this court's order entered 7/13/2022 the Plaintiff presents this motion to reinstate the case to enforce the settlement agreement between the Plaintiff and the County Defendants.

...

  1. On 7/13/2022 the District Court Held: "Parties report that they have reached an agreement on the issue of attorneys' fees. Therefore, this case is dismissed without prejudice and with leave to reinstate by 1/9/2023. If no motion to reinstate is filed, the dismissal will automatically be converted to a dismissal with prejudice, with no further action required by the parties or the court.
  2. The settlement agreement was for payment of $50,000 in attorney's fees, 25,000 to be paid by the county and 25,000 to be paid by the State.
  3. The State has paid the attorney's fees as agreed.
  4. After numerous written requests from Plaintiff's Counsel and the agreement being made in July of 2022 the County Defendants have not even provided the settlement papers, have not paid the required fees.

...

 

TL;DR: The county SAID it agreed to a settlement, but it hasn't signed the settlement papers, and it hasn't paid the plaintiff's legal fees.

 

The bad news is that, until the settlement is signed and approved by the court, the court will not issue an injunction against the enforcement of the prohibition to carry in CC forest preserves.

 

The worse news is that the judge who presided over this case is no longer a judge. He accepted a job to become Counselor to the Chief Justice in DC.

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  • 4 weeks later...

Extensions requested by the defense from the docket:

  1. Jan 4. 2018 - Docket entry #23 - MOTION by Defendant Lisa Madigan to stay responses due under Mandatory Initial Discovery Pilot Program (AGREED MOTION) (Dominguez, Blanca) (Entered: 01/04/2018), granted
  2. Jan 19, 2018 - Docket entry #27 - MOTION by Defendant Lisa Madigan for extension of time to file response/reply UNOPPOSED Reply in Support of Motion to Dismiss (Dominguez, Blanca) (Entered: 01/19/2018), granted to 2/6/2018 (docket #29)
  3. Dec 26, 2019 - Docket entry #75 - MOTION by Defendants Richard Boykin, Jerry Butler, John P Daley, Thomas Dart, Dennis Deer, Kimberly Foxx, John Fritchy, Bridget Gainer, Jesus G. Garcia, Gregg Goslin, Edward Moody, Stanley Moore, Sean M Morrison, Timothy O Schneider, Peter N Silvestri, Deborah Sims, Larry Suffredin, Jeffrey Tobolski, luis arroyo for extension of time to complete discovery for the limited purpose of deposing Plaintiff (King, Jennifer) (Entered: 12/26/2019), granted to 1/14/2020
  4. Feb 24, 2020 - Docket #82 - MOTION by Defendants Richard Boykin, Jerry Butler, John P Daley, Thomas Dart, Dennis Deer, Kimberly Foxx, John Fritchy, Bridget Gainer, Jesus G. Garcia, Gregg Goslin, Edward Moody, Stanley Moore, Sean M Morrison, Timothy O Schneider, Peter N Silvestri, Deborah Sims, Larry Suffredin, Jeffrey Tobolski, luis arroyo to reset status hearing (Miller, Lauren) (Entered: 02/24/2020)
  5. Mar 23, 2020 - Docket #88 - COVID-19 AMENDED BRIEFING SCHEDULE by Simon Solomon (Usharovich, Ilia) (Entered: 03/23/2020)
  6. Sept 16, 2020 - Docket #101 - MOTION by Defendants Richard Boykin, Jerry Butler, John P Daley, Thomas Dart, Dennis Deer, Kimberly Foxx, John Fritchy, Bridget Gainer, Jesus G. Garcia, Gregg Goslin, Edward Moody, Stanley Moore, Sean M Morrison, Timothy O Schneider, Peter N Silvestri, Deborah Sims, Larry Suffredin for extension of time to file response/reply as to terminate deadlines and hearings,,, set deadlines, granted (Docket #107) extended to 9/23/2020
  7. Dec 16, 2020 - Docket #110 - MOTION by Intervenor Defendant Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for extension of time to file response/reply as to motion for summary judgment 102 Unopposed (Dworkin, Hal) (Entered: 12/16/2020), granted to 1/11/2021
  8. Mar 2, 2022 - Docket #130 - MOTION by Intervenor Defendant Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for extension of time Motion for extension of stay of September 13, 2021 Order (Opposed) (Dworkin, Hal) (Entered: 03/02/2022)

 

The State AG moved for a stay or extension 4 times (plus COVID time adjustments due to state actions in addition to the 4 explicit requests), and the other defendants requested 3 additional extensions for a total of 7 (+COVID).

 

I will note that Lisa Madigan successfully moved to dismiss the case against the state as defendants (#34 4/23/2018), Raoul intervened on behalf of the state (#69, 5/29/2019), withdrew (9/27/2019), and then intervened again (#103, 9/23/2020).

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  • Molly B. unpinned this topic
  • 1 month later...
On 3/6/2023 at 11:13 AM, jim123 said:

So cook county forest preserves are good to go with concealed carry???

 

Yes. The law is still on the books, but courts and cops are prohibited from enforcing it.

 

On 3/6/2023 at 12:34 PM, Jeffrey said:

Only if you're doing it right.

 

I'm not sure what you mean by "right," but if it's legal in public outside the preserve, then it's legal inside the preserve.

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