SAF files Suit in Illinois over Right to Carry

[Maestro Pistolero]

One has to wonder what Judge Posner will do now!

He'll have to first not interrupt someone long enough for them to tell him about it. (referring, of course, to the oral arguments wherein Michel could not complete a single sentence)

 

[SilverBulletZ06]

Interesting read. I believe the district was correct: there has been zero relief given yet, only the mention of relief in the future. Giving that the case was decided a while ago, the state given 210 days, plus 90 days, plus an additional 90 days for review that is almost a year for nothing more then an additional tax on the FOIA card in Illinois.

 

[jrosenberger]

I've been following along via PACER the ongoing litigation over the fees for this case. I haven't gotten around to posting it here as there's quite a lot to cover. However, Gura just covered all of it on his blog. I highly recommend reading the post and the motion linked therein. http://alangura.com/2014/07/lisa-madigan-doesnt-want-you-to-tip/

Here's a preview:

Waiters, cabbies, and anyone else whose Illinois livelihood depends at least in part on gratuities, listen up: your attorney general is against tipping. Or at least, she doesn’t want me to tip you when I travel to Illinois on business. Or, at least on the business of stopping her from violating your constitutional rights.

Madigan is spending gobs of taxpayer money–the money withheld from your wages–fighting the idea that tipping is customary and ordinary. And it’s probably a losing battle, which will cost you more money.

 

[press1280]

I've been following along via PACER the ongoing litigation over the fees for this case. I haven't gotten around to posting it here as there's quite a lot to cover. However, Gura just covered all of it on his blog. I highly recommend reading the post and the motion linked therein. http://alangura.com/2014/07/lisa-madigan-doesnt-want-you-to-tip/

Here's a preview:

Some folks seem to never learn

 

[krucam]

Looks like normal 42 USC 1988 squabbling. I would have been surprised if IL didn't try to reduce their impending bill.

 

[jrosenberger]

Arguing over hourly rates and duplicative hours and such is standard squabbling. Bitching about a latte in the airport starbucks is immensely petty.

 

[Kharn]

Have you bought a latte at an airport Starbucks these days? They're like $20.

 

[fightinbluhen51]

Have you bought a latte at an airport Starbucks these days? They're like $20.

Managed Economy.

 

[EL1227]

Rahm Emanuel is upping the ante in ChiTown

THe videotape law discussed in detail on BearingArms.com -
Honest Men Of Courage and Character? Not In Rahm Emanuel’s Chicago.

ABCnews.com -
Chicago City Council Passes Strict Gun Store Law

The Chicago City Council, forced by a federal judge to allow gun sales in the city, approved an ordinance Wednesday that dramatically limits where those stores can open and puts owners on alert that the city will be looking over their shoulders every time they sell a gun.

During their discussions, aldermen and Mayor Rahm Emanuel made it clear that the only reason they were voting to permit gun stores after decades of a ban was because a federal judge, following a 2010 U.S. Supreme Court ruling that invalidated the city's handgun ban, ruled earlier this year that the ban on stores selling guns was unconstitutional.

"I really wish the Supreme Court justices who opened up the floodgates on guns had to take the calls I get at 2 o'clock in the morning from police sergeants and lieutenants about shootings," Alderman Will Burns said before the 48-0 vote. "This is the best we can do and I'm holding my nose and voting for it."

From hizhonor the mayor's very own mouthpiece ... ChicagoSunTimes.com -
Facing court order, City Council votes to allow gun shops They DIDN'T vote to 'allow' gun shops ... read on.

If it was up to me as the person who helped establish the Brady bill, the five-day waiting period and the assault weapons ban, I wouldn’t take this step,’ Mayor Rahm Emanuel said after the 48-to-0 vote.

“But given that we’re under court order, we decided we’d take the six months to come up with a way of designing an ordinance that meets the judge’s requirements, but also does not undermine public safety.

Ald. Pat O’Connor (40th), the mayor’s City Council floor leader, was even more direct.

‘We had a gun to our head,’ he said.

Richard Pearson, executive director of the Illinois State Rifle Association, has accused Emanuel of making the ordinance so restrictive, it will ‘make sure there are no gun shops’ in Chicago.

‘The license is $3,800. Your business transactions are videotaped. The costs are so high, nobody can possibly make a living doing that, so no one is going to do it,’ Pearson said.

‘It’s a right to buy a firearm. If you pass a background check, you shouldn’t have to be videotaped. People don’t want their business transactions videotaped…. It’s just a bunch of restrictions designed to make sure no gun shop opens in Chicago.’

Emanuel is well aware of the city’s history of losing court challenges on gun laws and he obviously expects another lawsuit. But he called the ordinance ‘smart, tough and enforceable,’ adding, ‘I consider that good public safety, not punitive.

Time for SAF to collect yet ANOTHER $399,950.00 check from Rahm Emanuel and The City of Chicago ...

 

[swinokur]

Yes because all the guns the hood rats in Chicago use came from gun stores in Chicago.

Complete idiocy and nitwittery.

 

[press1280]

Yes because all the guns the hood rats in Chicago use came from gun stores in Chicago.

Complete idiocy and nitwittery.

Chicago will be paying for both the NRA Shepard case and SAF's Moore case, AND nearly 1 million for the gun store ban http://nwherald.com/2014/07/04/chicago-must-pay-legal-fees-in-gun-store-lawsuit/ag4iegr/

I thought I had heard they were trying the same stunts as before, by changing the ordinance at the last minute and claiming they didn't lose so they shouldn't have to pay. They will probably end up funding the gun rights movement for years to come.

 

[Kharn]

Chicago Tribune article re denials and discovering the reason

Looks like the NRA and Illinois State Rifle Association are going to court so denied applicants can find out why. Apparently a CLEO can object to just about anything, one lawyer on AR15.com found out he had an objection from the next town over, that he has never lived in, preventing him from getting a permit.

 

[Brooklyn]

Any idea why they did not get the other $50

Round numbers make better press ..

 

[zenMonkey]

Chicago Tribune article re denials and discovering the reason

Looks like the NRA and Illinois State Rifle Association are going to court so denied applicants can find out why. Apparently a CLEO can object to just about anything, one lawyer on AR15.com found out he had an objection from the next town over, that he has never lived in, preventing him from getting a permit.

They were able to win in court with regards to the legal ban, but now must fight the administrative ban. This May be the BGOS in me talking, but this seems like a difficult task at best. The lower courts have been hell bent on spinning their rational basis as intermediate scrutiny which has allowed, if not emboldened, states to enact punitive burdens to heavily restrict gun ownership. The higher courts refuse to correct the lower courts or refuse to hear the cases.

Sorry to rant, but this stuff drive me absolutely nuts.

 

[Mr H]

IMO, we will all be fighting Time/Place/Manner battles for the foreseeable future.

 

[kcbrown]

Chicago Tribune article re denials and discovering the reason

Looks like the NRA and Illinois State Rifle Association are going to court so denied applicants can find out why. Apparently a CLEO can object to just about anything, one lawyer on AR15.com found out he had an objection from the next town over, that he has never lived in, preventing him from getting a permit.

Gee, ya think?

I called that long ago.

It's not the only problem with the Illinois so-called "shall issue" scheme, either.

 

[jrosenberger]

I've been following along via PACER the ongoing litigation over the fees for this case. I haven't gotten around to posting it here as there's quite a lot to cover. However, Gura just covered all of it on his blog. I highly recommend reading the post and the motion linked therein. http://alangura.com/2014/07/lisa-madigan-doesnt-want-you-to-tip/

Here's a preview:

I forgot about this for a while, but something just jogged my memory to look it up. The results are:
Amount Gura and Co initially requested: $219,807
Amount the court ordered Illinois to pay: $153,871
Amount the parties agreed to settle fees for arguing about it: $68,120.

Meaning, Illinois ended up paying a total $2184 more than if they had paid the original requested amount without arguing. Also, Gura spoke approvingly of settling for 90 cents on the dollar to avoid fee litigation in another case. So, if you discount the initial amount 10%, the money they wasted is about $24,000.

 

[press1280]

Loss at the District Court. The judge (same one who ruled against Moore) finds that a total carry ban against the residents of 45 states while in IL is constitutional under intermediate scrutiny (what a shocker). Now I'm not sure but I think this will probably go back to the original panel except for Posner, who has retired. Whoever takes his place will be the deciding vote IMO.
I'm hoping for Diane Sykes

 

[wolfwood]

Loss at the District Court. The judge (same one who ruled against Moore) finds that a total carry ban against the residents of 45 states while in IL is constitutional under intermediate scrutiny (what a shocker). Now I'm not sure but I think this will probably go back to the original panel except for Posner, who has retired. Whoever takes his place will be the deciding vote IMO.
I'm hoping for Diane Sykes

I can' open that doc can you post it again

 

[Kharn]

Attached file is damaged for me as well.