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Craigcr2

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  1. The state would have to waive sovereign immunity for IL to be liable. The governor and legislators are immune as individuals. https://www.law.cornell.edu/wex/Sovereign_immunity
  2. They aren’t actually arguing on the Bruin test here. They’re arguing on the factors the Supreme Court typically applies in considering an emergency application. Basically the state is saying “even if we’re wrong, we aren’t wrong enough for you to be sure enough to get involved right now”.
  3. The effective date is probably a legislative fact. Whether or not the state could get convictions is questionable, but the process is the punishment even if they fail.
  4. Assumption, who knows... requirements as written? Nope. “Prospective members must have a valid resident concealed carry permit or a non-resident concealed carry permit and the permit MUST remain valid during the membership coverage period.”
  5. They already do. For example, CCW Safe’s Defender plan requires a CCL and costs $209/year. Their Constitutional Carry plan is $299/year.
  6. Completely agreed, but I’d prioritize #5. I’ve filled out FPC’s plaintiff request for this in the past but never heard back. Also add on reciprocity/recognition or non-residency eligibility. Aside from the ordinary movement of people in a modern society, snowbirds are particularly disenfranchised. My dad spends winters in FL and summers here. He lost his 2A rights for half of the year because he got a FL drivers license.
  7. I don’t completely disagree and it would be interesting to see it happen, but I would be surprised if the court doesn’t rule on another challenge before an IL case is ripe. My expectation is that we will have binding precedent before this gets to the 7th on an appeal of a final judgement.
  8. I've never believed that any case from IL would win the race to SCOTUS for an AWB. There are several others out there that are more procedurally mature. My money is on Bianchi (MD) getting back to SCOTUS first. If I recall correctly the GVR was of a cert petition on the merits and SCOTUS is much more likely to want to hear a mature appeal than one on a motion for preliminary injunction.
  9. A pretty common theme/error that I’ve noticed in the early reporting on this one is that she denied the TRO. In reality she denied the TRO & MPI; denial of the MPI can be appealed. Bevis is very likely to get to the 7th first unless the SD cases move along to a PI and the appeals move with incredible speed.
  10. This judge has already threatened the city's attorney with sanctions over less significant issue. I wouldn't put anything past her if she believes that there are deliberate misrepresentations. https://www.courtlistener.com/docket/64952499/33/bevis-v-city-of-naperville-illinois/
  11. We know exactly why he recused himself. He has a conflict of interest as a trustee of SIU. There was a complaint and he agreed to recuse himself in any case with the state, a state agency, or state employee as a party as a corrective action. “ SIU's Board administers public funds. This makes a member of its Board a fiduciary for the State of Illinois as a whole. Any suit that affects the state's finances could indirectly affect the finances available to the University system, and members of the Board make decisions that affect how much money the University needs (or wants) and thus affect the state's general finances. This implies that disqualification from all cases to which the State of Illinois, or any of its employees, is a party, would best serve to avoid any appearance of partiality. “ https://casetext.com/case/in-re-complaint-against-dist-judge-j-phil-gilbert
  12. I believe that Colt did produce one for the Canadian military. It fired from an open bolt and I think I recall it having a quick change barrel.
  13. My favorite argument was 'the plaintiffs have not met their burden to establish that assault weapons are common', but also 'both parties have stipulated that there are 24 million'
  14. I looked through the complaint. This is the first because it reads like a complaint written by an attorney who really wanted to be the first to file. I spend a lot of time reading court documents professionally and out of personal interest. I wouldn't be happy if one of my attorneys wrote this.
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