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Old December 12, 2012, 11:46 AM   #235
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,308
So the big question is: What Happens Now?

The CA7 has stayed its own mandate for 180 days, to give the IL legislature time to rewrite their laws. The pro-gun legislatures in IL have all the necessary power to enact a sweeping "Shall Issue" statute, statewide, preempting even Chicago and the enough to overide the Governor's veto. If you've been reading the Chicago papers, you know that the NRA-ILA/ISRA lobbyist, Todd Vandermyde, has the ball in their court. They will not be giving away anything. The anti's will have to beg to get any concession at all.

If the IL legislature fails to act, on day 181, the current law falls. So-called "Constitutional Carry" (Vermont style) will be the default in all of IL.

IL has 90 days to appeal to SCOTUS. IIRC, they have 14 days to motion for an en banc hearing. The clock is running.

If they are going to stall, they will make the en banc motion, shortly. Since this is a matter of striking a State law (a serious matter, for the courts), I suspect they will be granted that motion.

Should the CA7 take up the case en banc, the panel's decision will be removed. I'm assuming that a new briefing schedule will be issued... That will take up another 6 months or so. Then we will wait for a decision from the CA7. Could be another year from now.

Then, should this decision affirm the panels original decision, IL could stall further by appealing to the SCOTUS. That's another year to year and a half wait... June of 2015.

All during this time, the Law will remain in effect, as a stay will be granted at each and every step of the way.

The above doesn't take into consideration Woollard, or at this juncture, Kachalsky (which could conceivably put the final nail in their coffin, before an en banc decision).

Then we should also consider the 3 cases currently at the 9th (yes, this decision will have an affect upon them - good or ill). Should I also mention the NJ case? How about Gray's case?

This is the watershed moment we have been waiting for.

Meanwhile, the supplemental authorities have started to roll in.

From the Peruta Case (attached). From the Baker case: http://www.scribd.com/doc/116464602/...hority-Madigan. From the loonngg delayed Palmer case (this one is Gura Gold): http://www.archive.org/download/gov....37887.43.0.pdf.

Expect 28J letters (citing Moore) in Peterson, Woollard, Richards and Piszczatoski, to begin showing up, shortly.

Attached Files
File Type: pdf Peruta28jMoore.pdf (167.4 KB, 3 views)
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