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Old 12-11-2012, 13:06   #1
Nalapombu
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Federal Judges Strike DOWN Illinois BAN on CCW....

Hey all,

Just heard this on the radio during Limbaugh show, haven't seen a link yet. A Federal judge has struck down the total BAN on CCW that Illinois has in place calling it UNCONSTITUTIONAL.

Finally the people of Illinois are going to have some ways to protect their families from the thugs and bangers.


I'll look for a link and post it if I can find the story and the PDF of the ruling.

Nalajr
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Old 12-11-2012, 13:09   #2
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Here's a link. It was a 2-1 decision in the 7th Circuit Court of Appeals. The state has 180 days to draw up a measure to allow CCW.

http://www.chicagotribune.com/news/l...,7034171.story


Here's the text of the ruling....

http://www.chicagotribune.com/news/l...64134.htmlpage

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Old 12-11-2012, 13:11   #3
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It's a time to celebrate folks. We finally get a couple of Federal judges in the lower circuits to agree with us....

It wasn't decided on 2nd amendment grounds from what I hear.

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Old 12-11-2012, 13:14   #4
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Shove that where the sun doesn't shine, Governor and corrupt Rahm Emanuel. WAY, WAY past time for this to happen, Rotten Richard Daley's influence may be finally starting to dissipate. Don
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Old 12-11-2012, 13:15   #5
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Nice.
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Old 12-11-2012, 13:18   #6
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But Illinois, specifically the great city of Chicago, are safe havens from crime and gun violence. What are they thinking by introducing guns into these perfectly modeled utopias? There will be complete and utter chaos! The streets will run red!

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Last edited by Fear Night; 12-11-2012 at 13:19..
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Old 12-11-2012, 13:26   #7
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I'll be interesting to see if the Attorney General will appeal to the SCOTUS. Don't jump and scream with pleasure, yet. The Chicago machine will get in gear.

I hope the State accepts the defeat and moves forward. The question is, what will the legislation look like. "you can carry a handgun only on days that end in "z" with a full moon, $1,000 of cash in your pocket, and no bullets!'.

It is truly good news, but still a potential long road ahead.



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Old 12-11-2012, 13:44   #8
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The Fat Lady hasn't sung yet. Illinois will make it very restrictive and expensive for the license and will probably not honor any out of state licenses.
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Old 12-11-2012, 13:47   #9
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I was initially wrong in my post. I am reading the ruling now, trying to at least, and it seems that the 2nd Amendment was a SIGNIFICANT factor in their decision. They quote the findings of Heller and studies regarding the 2nd amendment over and over again.

I am on page 15 now and some of the stuff is hard for a layperson to understand, but it is kinda interesting to see how they came to their ruling. They mention that Chicago already LOST at the Supreme Court in McDonald vs. City of Chicago. I think that is the one that Incorporated the 2nd amendment to the states.

I don't think they'll appeal. This is their 2nd loss and one at the Supreme Court. Besides there isn't any conflict in the lower courts on this issue. They court likes to take cases where the lower courts rulings are in disagreement with each other.

Maybe they will try and appeal it, but I don't think it will be granted.

Still a GREAT DAY despite what the pinheads in Illinois try to do.

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Old 12-11-2012, 14:05   #10
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Sometimes a judge gets it right. This was one of those "sometimes." About time. Cool.
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Old 12-11-2012, 14:10   #11
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It seems to me after reading the majority opinion that they think the model that New York uses is OK. They mention that it passed a challenge in the 2nd Circuit Court of Appeals. New York makes you PROVE you need a permit in order to carry. They refuse most of the permit requests.

I think that is what the Illinois legislature is going to impose.

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Old 12-11-2012, 14:22   #12
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I seriously doubt IL is going to get "shall issue" CCW. Still, this is at least a baby step in the right direction.

Last edited by cowboy1964; 12-11-2012 at 14:23..
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Old 12-11-2012, 15:05   #13
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After reading the decision, the dissenter wanted it to be resolved in the State of IL. In other words, didn't feel the Feds should be involved. Their argument was Heller was interpreted too broad and that bearing arms was mainly in for the persons own property/house. However, those in favor agreed it did extend past the premises.

This will be interesting from here on out. They may appeal it on the hopes King Obama appoints another SCOTUS judge by the time it gets heard....then we can see what happens.



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Old 12-11-2012, 19:47   #14
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Quote:
Originally Posted by redbaron007 View Post
After reading the decision, the dissenter wanted it to be resolved in the State of IL. In other words, didn't feel the Feds should be involved. Their argument was Heller was interpreted too broad and that bearing arms was mainly in for the persons own property/house. However, those in favor agreed it did extend past the premises.

This will be interesting from here on out. They may appeal it on the hopes King Obama appoints another SCOTUS judge by the time it gets heard....then we can see what happens.



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Old 12-11-2012, 20:11   #15
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If I lived there, (and I don't thank goodness) I would not hold my breath.
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Old 12-11-2012, 20:40   #16
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Quote:
Originally Posted by Nalapombu View Post
It seems to me after reading the majority opinion that they think the model that New York uses is OK. They mention that it passed a challenge in the 2nd Circuit Court of Appeals. New York makes you PROVE you need a permit in order to carry. They refuse most of the permit requests.

I think that is what the Illinois legislature is going to impose.

Nalajr
Yup.

I predict that what IL will get will be even worse than what they have now. I predict they get a "may issue" system where, in many counties (or will they make you apply to the state no matter where you live?), nobody who isn't rich/powerful/politically connected will be able to get a license
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Old 12-11-2012, 20:47   #17
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Keep in mind the legislation to make IL shall issue with just the usual restrictions failed in their legislature last year by just 3 votes to get the supermajority needed to make it veto proof. That's the way the wind is blowing in IL

I doubt this new court ordered version will be much different.
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Old 12-11-2012, 22:00   #18
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Quote:
Originally Posted by cowboy1964 View Post
I seriously doubt IL is going to get "shall issue" CCW. Still, this is at least a baby step in the right direction.
Yep, they just have to go "May Issue" like New York City to comply with the decision.
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Old 12-12-2012, 03:45   #19
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Quote:
Originally Posted by redbaron007 View Post
I'll be interesting to see if the Attorney General will appeal to the SCOTUS. Don't jump and scream with pleasure, yet. The Chicago machine will get in gear.

I hope the State accepts the defeat and moves forward. The question is, what will the legislation look like. "you can carry a handgun only on days that end in "z" with a full moon, $1,000 of cash in your pocket, and no bullets!'.

It is truly good news, but still a potential long road ahead.



red
Quote:
Originally Posted by Thumpernator View Post
The Fat Lady hasn't sung yet. Illinois will make it very restrictive and expensive for the license and will probably not honor any out of state licenses.
Quote:
Originally Posted by Nalapombu View Post
It seems to me after reading the majority opinion that they think the model that New York uses is OK. They mention that it passed a challenge in the 2nd Circuit Court of Appeals. New York makes you PROVE you need a permit in order to carry. They refuse most of the permit requests.

I think that is what the Illinois legislature is going to impose.

Nalajr
Quote:
Originally Posted by cowboy1964 View Post
I seriously doubt IL is going to get "shall issue" CCW. Still, this is at least a baby step in the right direction.
Quote:
Originally Posted by Warp View Post
Yup.

I predict that what IL will get will be even worse than what they have now. I predict they get a "may issue" system where, in many counties (or will they make you apply to the state no matter where you live?), nobody who isn't rich/powerful/politically connected will be able to get a license
Quote:
Originally Posted by vafish View Post
Yep, they just have to go "May Issue" like New York City to comply with the decision.
Id make a 50 dollar bet with any of you that you are wrong. Todd Vandermyde, the NRA lobbyist who helped create and push HB148 is a member of Illinoiscarry.com . This is a pretty plain situation. They have 180 days to pass concealed carry. If they dont then we have restriction free concealed carry with our FOID cards.

That means chicago has only a few options. First they can stall, then submit a crap bill. It cannot pass without downstate support. It fails. They dont support our bill, that almost passed last time anyway, and it fails. In 180 days we get concealed carry anyway. Second, they can give us what we want without a fight. Third, they can attempt an appeal with the SCOTUS. Being that this opinion was based on SCOTUS decisions on HELLER, its unlikely they would even want to hear it.
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Old 12-12-2012, 04:03   #20
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They'll just copy the law from MD and HI, then assert compliance with this ruling. Man in the street still gets shafted.
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