According to Cook County SA, CA7 Has No Jurisdiction Over Illinois

[skinnyb82]

The FOIA Officer for the Cook County SA's Office, Paul Castiglione, just said today in a public hearing, open to ANYONE, streamed on the internet, that the UUW law is "completely constitutional" and that they "absolutely" will be able to prosecute people for violations of it even after the 180 day stay issued by the Seventh Circuit is up (if no LTC statute is on the books), referenced carrying an "AK-15" down Michigan Ave. (I believe that's impossible...literally). He even said it in an interview with the Daily Herald afterward. Even a gun-hating liberal seemed to believe that Castiglione is either full of **** or just an idiot I really don't know how they plan on prosecuting and jailing people for UUW when the Sheriff just said that they have no room left, much less the prospect of a civil rights lawsuit after the police arrest someone for a law that does not exist because it has been declared unconstitutional. CA7 unequivocally stated that the UUW law is unconstitutional on December 11, 2012, not after June 9, 2013, which is why judges across the state have been chucking UUW charges left and right. The Court only issued the stay to allow the state to (try) to pass a law...which is working oh so well. Effectively stating that the Seventh has no jurisdiction over Illinois, he cited two Illinois Supreme Court cases that contradicted CA7...big ***in' deal, moron must've slept through con law and missed the part about the Supremacy Clause.

As far as the may issue permit, the ISP said that it will cost $242 for a may-issue permit. Apparently they're factoring in the cost of an administrative law judge to deal with denials...even though everyone with a FOID card has passed the requisite background check and should only need to have training verified since that's the only difference between a FOID card and a carry permit. Plus the cost of a clinical psychologist to be assigned to the Court. The ISP sets and handles training, the same training as what LEOs go through 40, probably 48 hours of training. Yeah no thanks.

Most of the Reps were incensed by the arrogance of Chicago and Crook County with the help of Lee Goodman (When asked why he believes the CA7 is wrong, he responded "Because Lisa Madigan said so!" and that she'll take it to SCOTUS and win). So incensed that whatever Chicago/Crook County was trying to do backfired and helped the push for shall issue. Chicago already knows what it's gonna do...not comply with whatever does or doesn't pass (violate some civil rights and rack up $75M+ in legal settlements in the process, who cares!), file a lawsuit against Illinois challenging the LTC statute (or lack of a statute...oh the anarchy!), waste some more money, lose, whine, repeat. Who cares though right? Not them, not their money. What's REALLY funny and would be the ultimate definition of irony, Lisa Madigan (if she's still AG) would be forced to defend a LTC law in a lawsuit filed by Chicago or any other municipality for that matter hahahaha.

 

[MikeHinds]

I live less than 100 miles from Chicago. I find your article intriguing, but I feel rather ignorant.
What's SA?
What's CA7?
What's UUW?
What's LTC?
What's ISP?
Defining or explaining each when it's first mentioned in the post could help some of us understand, and probably agree!

 

[anvil6]

Google is your friend:

ISP - Illinois State Police
LTC - License To Carry
UUW - Unlawful Use of a Weapon (better check how that's defined in IL!)
CA7 - Seventh Court of Appeals (Seventh Circuit Court of Appeals)
SA - Cook County States Attorney Office (Cook County States Attorney's Office)

 

[skinnyb82]

Since this is the IL subforum I just kinda assumed that people know the acronyms I used...especially ISP and UUW since the ISP issues FOID cards and UUW. LTC is kinda universal across all...49 states except this one. Maybe check out AUUW "aggravated...." Especially since you live in IL...I think (IN and WI are very close by).

 

[golocx4]

At some point, these judges are going to get really pissed when these anti gun politicians keep ignoring them.

7TH CIRCUIT LETS POSNER RULING STAND; HUGE WIN FOR CCW, SAYS SAF


BELLEVUE, WA – The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.

The ruling came in Moore v. Madigan, a case filed by SAF. The December opinion that now stands was written by Judge Richard Posner, who gave the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.” That clock is ticking, noted SAF Executive Vice President Alan Gottlieb.

“Illinois lawmakers need to create some kind of licensing system or face the prospect of not having any regulations at all when Judge Posner’s deadline arrives,” Gottlieb said. “They need to act. They can no longer run and hide from this mandate.”

“We were delighted with Judge Posner’s ruling in December,” he continued, “and today’s decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posner’s ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door.”

In December, Judge Posner wrote, “The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.”

Judge Posner subsequently added, “To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.”

“It is now up to the legislature,” Gottlieb said, “to craft a statute that recognizes the right of ordinary citizens to carry outside the home, without a sea of red tape or a requirement to prove any kind of need beyond the cause of personal protection.”

The ruling also affects a similar case filed by the National Rifle Association known as Shepard v. Madigan.

 

[skinnyb82]

Well they're gonna try ramming through a may issue LTC bill on Tuesday using shell bills and not scheduling committee hearings until 15 min beforehand. This is gonna get UGLY because they've tried this blind siding BS so many times we'd expect nothing less and we usually can figure out it's coming a week ahead of time. PLENTY of time to notify our pro-2A Reps and Senators and this is gonna be double the nightmare for those Chicago scumbags to deal with than the lame duck gun ban. You wanna see a fight? Watch what goes down in Illinois next week.

 

[MikeHinds]

In December, Judge Posner wrote, “The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.”
.

Seems like that would affect the RIDICULOUS California requirement to carry UNLOADED. (Assuming you could ever receive a permit under a MAY CARRY state.)

 

[skinnyb82]

Oh they're gonna try to pass a may issue permit system, the issuing authority being the Illinois State Police not the Sheriff. This is BAD BAD BAD. On top of writing an essay as to why one needs a permit, and if the application is approved, it'll take 90 days (probably more like 120-180) just to receive that approval, then applicants have to go through at least 40 hours of training. McMoron up in Chicago wants 80 hours, same as LEOs. This is complete and utter bull****. Madigan will try to ram through legislation next week containing language for a may issue licensing system, likely coupled with a litany of bad stuff like a gun ban, gun registration, gun insurance, mandatory firearms training for FOID applicants and renewals (mine doesn't expire until 2021), and an 18% surtax on guns and ammo purchases. He's already had two shell bills that've made it through committee to a second reading, aka made it to the floor of the House. I have a feeling he's gonna try some midnight, 15 minutes to read the bill type crap that NY did. Difference is that Illinoisans have an NRA lobbyist who is very very connected and knows what's going on so we find out about this stuff long before it goes down.