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ISRA vs ISP FOID delays - Bradley vs Kelly


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#31 Flynn

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Posted 25 January 2021 - 05:56 PM

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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#32 mab22

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Posted 25 January 2021 - 08:11 PM

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


Void the FOID!

#33 Flynn

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Posted 25 January 2021 - 08:33 PM

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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#34 pythagorean0202

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Posted 06 February 2021 - 07:21 AM

There has been almost no activity on this case.  The state effectively banned the second Amendment by refusing to process applications.  I am shocked that no one in the Republican party really did anything about it all.  Like with everything, they just give up in the face of Democrats every time.



#35 Flynn

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Posted 07 February 2021 - 04:02 AM

I am shocked that no one in the Republican party really did anything about it all.

 

Really not much they can do, the Democrats control the state and lets be honest, a vast majority of Republicans that run and win in Illinois are RINOs.


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#36 Grayhawk

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Posted 07 February 2021 - 11:51 AM

RINOS  --> WHINOS


Grayhawk

IL, FL, AZ, UT CCL

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Member: ISRA, GOA, NRA, GSL, USCCA, Legal Defense Network, IL Carry

Graduate Citizens Police Academy - Oak Brook PD and DuPage County Sheriff;  DuPage CERT

 

 


#37 Trevis

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Posted 07 February 2021 - 01:39 PM

Isn't this roughly the same thing as Chicago's permitting system they used to have? Require permits, but do not do the requisite granting of said permits... 


"You know, there are some words I've known since I was a schoolboy: 'With the first link, the chain is forged. The first speech censured...the first thought forbidden...the first freedom denied--chains us all irrevocably.' Those words were uttered by Judge Aaron Satie, as wisdom...and warning. The first time any man's freedom is trodden on, we're all damaged..." - Capt. Jean-Luc Picard

 

“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”

― Lysander SpoonerNo Treason: The Constitution of No Authority

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#38 InterestedBystander

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Posted 07 February 2021 - 02:30 PM

https://www.courtlis...radley-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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#39 gunuser17

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Posted 07 February 2021 - 08:55 PM

Attached File  73-2.pdf   4.04MB   48 downloadsAttached File  73-main.pdf   283.72KB   36 downloads Attached File  73-1.pdf   71.51KB   30 downloads

 

 

Main ISRA Reply Brief and supporting declarations



#40 mab22

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Posted 08 February 2021 - 01:08 PM

Meanwhile the defense is still in the "The dog ate our homework, we need an extension", while also claiming there is nothing to see here... Is that about rite?


Void the FOID!

#41 Rangerdeepv

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Posted 08 February 2021 - 03:43 PM

Welcome to Madiganstan.........and all the Madigan annointed judges.



#42 Cerus

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Posted 09 February 2021 - 04:13 AM

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.

#43 tcstoner

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Posted 26 March 2021 - 03:58 AM

It looks like all the motions have been filed in this case.  I suspect it will move closer to being decided.  Then back to appeals unless the state wants to negotiate their way out of it.



#44 GTX63

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Posted 26 March 2021 - 06:41 AM

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.”



#45 crufflesmuth

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Posted 26 March 2021 - 08:17 AM

Kelly is a tool. We have a system: it's called NICS and Form 4473. ISP is a joke. They should be advocating to end the renewal and possession requirement parts of the FOID. 



#46 CaptCraig

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Posted 28 March 2021 - 03:05 PM

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?

#47 Sol-Invictus

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Posted 29 March 2021 - 09:51 AM

He is lying through his teeth, my wife's renewal has been in process for over a year since they took the money.




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