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Old February 21, 2013, 04:02 PM   #393
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,929
Originally Posted by Luger_carbine
It doesn't sound like the Illinois Supreme Court has anything to do with it.

Does the Illinois Supreme Court take direction from CA7 -would they, on day 181 write an injunction and declare Illinois UUW law unconstitutional, or do they just stand by and do nothing because they don't have to do anything...
Originally Posted by Luger_carbine
I don't know if Chicago Police & Cook County Sherrif's are going to buy into that, but it could make for some interesting civil action for deprivation of rights cases.
The Illinois state courts and it's LE agencies can "buy into that" or not, but if they choose "not," they do so at their own peril.

No, the Illinois Supreme Court will not write an injunction on day 181. There is not case pending before it, so it has no jurisdiction to do so. It does not have jurisdiction over the parties or the case. An federal court of appeals has declared that the statute, as written, violates the 2A. Now that the 2A has been incorporated to the states, Illinois law has to be permissible under the 2A. If it is unconstitutional under federal law, it doesn't much matter whether it passes muster on a state level.

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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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