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Illinois AG delaying Concealed Carry Legislation with appeal

Discussion in 'Legal' started by JRH6856, Apr 30, 2013.

  1. JRH6856

    JRH6856 Senior Member

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    According to this alert by the Illinois State Rifle Association, "Attorney General Lisa Madigan announced that she has asked the U.S. Supreme Court for a 30-day extension for filing an appeal of the lower court's requirement that Illinois pass concealed carry."
     
  2. Cooldill

    Cooldill Senior Member

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    Oh my God! PATHETIC! Hope it is denied obviously. They're trying to buy more time so they can butcher a concealed carry plan as much as possible before they have to pass one.
     
  3. wildbilll

    wildbilll Member

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    The decision to stay the Appellate ruling pending a hearing by the USSC falls to Kagan. What are the odds?
     
  4. joeschmoe

    joeschmoe Senior Member

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    Why do you say that? I thought that 4 of the justices are needed to hear a case; accept certiorari.
     
  5. JRH6856

    JRH6856 Senior Member

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    To accept the case, but not to issue an injunction or stay pending the appeal. That can be done by the supervising Justice for the appellate court.

    This will be a good test of Kagan.
     
  6. TheSaint

    TheSaint Member

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    Given her friendship with Obama, I wouldn't hold our hopes up too much. This saga just never seems to end in IL.
     
  7. joeschmoe

    joeschmoe Senior Member

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    I've never heard of this position. Can you point me somewhere I can read more about how this works? I did a google search, this thread came back up. lol.
     
  8. ilbob

    ilbob Senior Member

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    The court never said anything about LTC being required. It only held that a few things in the UUW law were unconstitutional. It issued a mandate against enforcing them that was stayed for 180 days.

    The state does not have to do anything at all. It is even possible that a LTC law might not meet the court's requirements.

    If nothing in the way of LTC happens and the mandate goes into effect there will be a big mess.

    As I understand it, extensions of this type are almost routinely granted as are stays of these kinds of mandates while the petition for cert is being considered.

    I think there is a good chance SCOTUS takes it up and we find out what the 2A means in June 2014.
     
  9. JRH6856

    JRH6856 Senior Member

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    Try this from wikipedia

    The United States is divided into thirteen circuit courts of appeals, each of which is assigned a "Circuit Justice" from the Supreme Court. Although this concept has been in continuous existence throughout the history of the republic, its meaning has changed through time.

    Today, the Circuit Justice for each circuit is responsible for dealing with certain types of applications that, under the Court's rules, may be addressed by a single Justice. These include applications for emergency stays (including stays of execution in death-penalty cases) and injunctions pursuant to the All Writs Act arising from cases within that circuit, as well as routine requests such as requests for extensions of time. In the past, Circuit Justices also sometimes ruled on motions for bail in criminal cases, writs of habeas corpus, and applications for writs of error granting permission to appeal. Ordinarily, a Justice will resolve such an application by simply endorsing it "Granted" or "Denied" or entering a standard form of order. However, the Justice may elect to write an opinion—referred to as an in-chambers opinion—in such matters if he or she wishes.​
     
    Last edited: May 1, 2013
  10. joeschmoe

    joeschmoe Senior Member

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    Thanks. Interesting.
     
  11. littlebob3

    littlebob3 Member

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    What is LTC and UUW ?
     
    Last edited: May 1, 2013
  12. ming

    ming New Member

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    LTC=license to carry
    UUW= unlawful use of a weapon
     
  13. Trent
    • Contributing Member

    Trent Resident Wiseguy

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    30 days left.

    Been busy with work so I haven't had a chance to keep up on things, but I'm still watching that clock tick down to June 9. :)
     
  14. Blackbeard

    Blackbeard Senior Member

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    I'm no lawyer, but I don't think getting an extension on the time to file an appeal does anything to the 180 day stay of the circuit court's ruling. They didn't ask for an extension of the stay, so a month from now we get constitutional carry.
     
  15. usmarine0352_2005

    usmarine0352_2005 Senior Member

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    .


    The extension granted by Kagan does not stop the 180-day clock imposed by the 7th Circuit, meaning the legislature still has to come up with a concealed-carry law by June 9. That could change, however, if Madigan does decide to appeal..
    .
     
  16. JellyJar

    JellyJar Senior Member

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    If no bill is adopted by June 9th will it only be residents of Illinois that have a state issued FOID card that will be able to CCW?
     
  17. JTHunter

    JTHunter Senior Member

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    Jelly - you would have to check the FAQ's on the Ill. State Police website, but I believe non-residents would NOT be allowed to carry. They say on there that non-residents have to carry it in a case, not accessible, and unloaded.
     
  18. wildbilll

    wildbilll Member

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    It is true that Resident of IL will need to have a valid FOID card to be in possession of either a firearm or ammunition, just as is the case today.

    It is also true that non-residents will not need anything to carry a firearm and/or ammunition in IL, just as it is today.

    The only thing that will change is that there will be bo restrictions on the manner of the carry of a firearm in IL, at the state law level.

    Be advised that there are lots of local laws that basically prevent the carry of a loaded firearm, those laws closely mimic the state laws. Of course, it follows that those local laws would be deemed invalid as well, but the local police may not get the memo to stop enforcing those local laws until a few lawsuits follow.
     
  19. Dframe

    Dframe Member

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    Our reason challenged governor wants exactly THAT. A patchwork of conflicting laws.
     
  20. HC_Jack

    HC_Jack New Member

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    Also note that Tom Dart has said they have a may issue law queued up in Cook County should the state fail to pass anything.
     
  21. rugerman07

    rugerman07 Member

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    Dart's "may issue" law is only for Cook County should the state fail to pass anything by June,9th. Cook County cannot just inact anything statewide.
     
  22. ilbob

    ilbob Senior Member

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    My suspicion is that this proposal is just about putting pressure on our side to cave to some of the more onerous things that the other side wants in any LTC bill.

    No one on either side really wants the mandate to be issued without some kind of LTC bill in place due to the sheer chaos it would create.

    The Dart proposal is a warning of what Cook County will do if no preempted LTC bill is passed.
     
  23. Kingcreek

    Kingcreek Senior Member

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    My suspicion is the same as yours, ilbob.
    meanwhile, Springfield continues to be dysfunctional as always...
     
  24. Hypnogator

    Hypnogator Senior Member

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    Y'all are getting up false hopes. Madigan will appeal on 8 June, staying the 7th Circuit's order.:cuss::cuss::cuss::fire:
     
  25. usmarine0352_2005

    usmarine0352_2005 Senior Member

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    This is actually the best thing if she does.
    .
     

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