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December 11, 2012, 12:31 PM | #176 |
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It's great.
I wonder if King and Davis will say "Can't we send Woollard over to the 7th? |
December 11, 2012, 01:11 PM | #177 |
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We won
The federal appeals court has ruled IL's ban on concealed carry unconstitutional. It has stayed injunction of the state's policy to give the Legislature time of write an "appropriate" law allowing concealed carry.
http://blogs.suntimes.com/politics/2...d_weapons.html Oh, and Lisa Madigan had no comment.
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December 11, 2012, 01:22 PM | #178 |
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Going to be very interesting to see what happens next. Illinois has no real choice about it though. If they appeal to SCOTUS they will lose and really "harm" the anti gun community. Another year might go by but they will lose and then it will open up a lot of other states with "strong" restrictions on CC like California and New York to lawsuits.
I have a feeling something like HB148, which has been waiting in the wings will be passed. Despite common perceptions even on a critical issue like this politicians tend to move very slow. Illinois has a lot of serious issues that need to be tackled in the coming legislative sessions so it would be a lot easier, even for the anti gun types to pass a bill like HB148 and then try to "fix" it later. http://www.ilga.gov/legislation/Bill...ionID=84&GA=97 It really brings me pleasure knowing Mayor Emanuel, Anita Alverez and the Madigans must be stomping around in their respective offices so angry right now. |
December 11, 2012, 01:29 PM | #179 | |
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I take back any nice things I ever said about Judge Williams:
http://www.nbcchicago.com/blogs/ward...183017841.html Quote:
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December 11, 2012, 01:42 PM | #180 | |
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Posner wrote the opinion, holding that:
Quote:
Williams is correct. Scalia made it clear in Heller that the right wasn't absolute.
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December 11, 2012, 01:56 PM | #181 |
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CONGRATULATIONS, ILLINOIS!
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December 11, 2012, 02:02 PM | #182 |
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Consider me confused. I thought Heller allowed the right to keep the guns at home but did not speak to a right to carry in public.
Do I get this wrong? I would hope it was the latter but .
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December 11, 2012, 02:02 PM | #183 | |||
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Here are the juicy bits.
Quote:
Quote:
Quote:
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December 11, 2012, 02:07 PM | #184 |
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Congrats Illinois!
I knew you guys would get it before NJ! I'm a little jealous but this can only mean good things for the rest of us in opressed states! WHOO HOOO!!!! (I literally just yelled that in the middle of my office, my boss thinks I'm crazy but I couldn't care less)
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December 11, 2012, 02:15 PM | #185 |
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I think it comes down to having the right case. A confluence of the right circumstances, the plaintiffs, the law in question...
This case had 2 great plaintiffs, and Illinois law was the worst and most restrictive and arbitrary in the nation. I think it was a better case than Kachalski or Woollard.. |
December 11, 2012, 02:21 PM | #186 |
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I wonder if folks who have been convicted under the Illinois law of "unlawfull use of a weapon" - for doing nothing more than having it on them, will be able to have their records cleared somehow?
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December 11, 2012, 02:22 PM | #187 | |
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Quote:
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December 11, 2012, 02:22 PM | #188 | |
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Quote:
Posner's interesting on this. If we restrict the right to the home, it's a property right. If we accept the interpretation of the Supreme Court, it's about the right to self-defense, which is not limited to the home.
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December 11, 2012, 02:27 PM | #189 |
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So does it go back to SCOTUS. If they don't take, then it stands and IL has to deal with it but it isn't a national precedent but confined in area.
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December 11, 2012, 02:43 PM | #190 |
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This is for all the folks who said it'd never happen.
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December 11, 2012, 02:55 PM | #191 |
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I guess IL is about to lose its status as a "Right to Victimize" state
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December 11, 2012, 02:58 PM | #192 |
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Will this grant the right in the whole state or will cities still be able to pass their own bans?
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December 11, 2012, 03:01 PM | #193 |
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Wow, congratulations to Illinois!
Thank you to everybody who fought the good fight instead of simply turning tail and running to another state. New Jersey, New York and CA next? I sure hated reading Posner in law school, but I think I'm starting to like the guy a little bit more...
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December 11, 2012, 03:06 PM | #194 |
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What do you guys think of the odds are of IL becoming just like NJ with a "Justifiable need clause" type of may issue system that basically renders it impossible to get a license?
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December 11, 2012, 03:07 PM | #195 |
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IL gets concealed carry... Hmmm, I am starting to take that December 21 thing more seriously now...
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December 11, 2012, 03:09 PM | #196 | |
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Quote:
What that law may contain remains to be seen.
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December 11, 2012, 03:10 PM | #197 |
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When LA County changes from the function ban of "may permit" to "shall permit", that's when I'll be TRULY surprised.
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December 11, 2012, 03:15 PM | #198 |
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You suppose the antis in California are now trembling? I know we have a long way to go but we are getting there.
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December 11, 2012, 03:23 PM | #199 |
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It's just too bad this wasn't available when the 9th heard 3 cases last week. I'd say California and Hawaii need to look closer at their laws now.
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December 11, 2012, 03:31 PM | #200 | |
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Folks, we're talking about the Constitution of the United States, the overturning of the IL law is incidental compared to the legal principles that are set out in this opinion.
This redifines the meaning of "to bear" in exactly the way that the Brady Campaign, LCAV and anti-gunners argued against. But a great quote from Posner in orals: Quote:
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