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Illinois General Assembly 9/22/2022


mauserme
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Bruen, he says, throws strict scrutiny, interest balancing, out the window.

 

He quotes that the state must demonstrate that modern restrictions must demonstrate that their proposals/laws are constant with the history when the 2A was adopted.

 

He tells the anti-gun folks to quit thinking of revoking FOID Cards, that in 18 months he predicts there will be no FOID Card. 

 

He calls it a race baiting tactic to justify what they're trying to do.

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I take this as an informational presentation about his research into anti-gun practices that, though once acceptable, are no longer viable options.  

 

I could identify it as an interesting history of his movement, though calling it interesting would ignore the repetitive nature of his droning on in Ms. Willis' and Ms. Stoneback's absence.

 

 

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On 9/22/2022 at 12:54 PM, mauserme said:

[VR] stresses that due process must be preserved, and that we must revisit our firearm restraining order law in this regard.

 

The elements of due process:

  1. An unbiased tribunal.
  2. Notice of the proposed action (before the action) and the grounds asserted for it.
  3. Opportunity to present reasons why the proposed action should not be taken.
  4. The right to present evidence, including the right to call witnesses.
  5. The right to know opposing evidence.
  6. The right to cross-examine adverse witnesses.
  7. A decision based exclusively on the evidence presented.
  8. Opportunity to be represented by counsel.
  9. Requirement that the tribunal prepare a record of the evidence presented.
  10. Requirement that the tribunal prepare written findings of fact and reasons for its decision.

 

Red flag laws lack elements 2, 3, 4, 5, 6, and 8. Illinois C&PD lacks all of them.

 

On 9/22/2022 at 1:01 PM, mauserme said:

[ES] is addressing clear and present danger, which he agrees with despite it's current lack of due process.

...

 

ISRA has been completely silent on the hundreds/thousands of people who lost their FOIDs, probably improperly, in a process that ISP is now "investigating." Meanwhile, the statute itself is a clear violation of 5th and 6th Amendment rights, and ISRA is not only okay with that, but agrees with it.

 

On 9/22/2022 at 1:23 PM, mauserme said:

Allison, identifying herself as an attorney, claims that Bruen has no effect on Illinois.

...

 

Technically it's true for the decision. The case itself was over whether states could require "good cause," which Illinois never did. The rationale for the decision affects Illinois, of course. Until the argument has been applied to things other than "good cause," the argument has not been applied to them.

 

On 9/22/2022 at 1:33 PM, mauserme said:

...

[ES] also states that no gun dealers were closed by action of Gun Dealer Licensing - that they chose to close on their own.

 

Usually coercion precludes the ability to consent. I wonder what he thinks of rubber hose confessions.

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https://americandigest.com/justice-alito-opens-the-door-to-red-flag-law-challenges/

 

Justice Alito opens the door to red flag law challenges

 

In the Supreme Court’s opinion in Caniglia v. Strom, Justice Samuel Alito stated red flag provisions “may be challenged under the Fourth Amendment” — bad news for Democrats hoping to use said red flag laws to seize weapons from American hands. 

 

The recent ruling included a unanimous 9-0 decision that declared entering a house without a search warrant violated the Fourth Amendment to the Constitution.

 

In the case, guns were removed from the home, a ruling condemned in the decision.

 

Alito noted, “This case also implicates another body of law that petitioner glossed over: the so-called ‘red flag’ laws that some States are now enacting.”

 

He added, “These laws enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons. They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized.”

 

Alito concluded, “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us.”

...

 

 

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