View Single Post
Old July 11, 2013, 10:54 AM   #594
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,614
The Stay has expired and the Mandate has issued. That means that the finding of the 7th Circuit prevail: That the UUW and AUUW statutes are now unconstitutional, as a stand-alone premise.

The district court Judge is now caught between a rock and a hard place. Unlike in Ezell, where the City changed the law that was complained and was enacted with emergency provisions, the law here remains the same... At least for the next nine months.

Since the ISP has stated that it will continue to enforce the UUW and AUUW statutes, the judge really has no leeway. Judge Stiehl must issue a preliminary or permanent injunction, as nothing has actually changed (I will admit that I hadn't thought this through, with everything else that happened on the 9th). The only question is when the injunction will issue, not if.

Judge Myerscough (Moore v. Madigan) is manifestly aware of all of this, hence calling for a rebuttal to the MTD in the companion case. She did not have to do this, but probably doesn't want to get caught in the wringer, like the Judge in Ezell.

Now, as to the possibility of FOID carry... That I will wait to see what the State has to say, before I really can opine on that happening.

Now these are all my best guesses and suppositions. Remember, I'm no attorney.... Those who are, may be along at any minute to confirm or change my premise.
Al Norris is offline  
 
Page generated in 0.03058 seconds with 8 queries