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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#601
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I was born and raised in Illinois until I joined the Navy. I have zero reason to believe anything major has changed in that respect in the last 12 years. I wont feel optimistic until I see people actually carrying without getting thrown in jail. |
#602
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Unless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Appeals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discretionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review. Cornell Uninversity Law School |
#603
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No arguments from me...I like 90 days better than 120 days
__________________
Smith & Wesson M&P Shield .40 S&W -- Ruger LC9 -- Spikes Tactical ST-15 16" .223/5.56 NATO -- Ruger American 30-06 -- Taurus Raging Bull 6.5" .44 Magnum "During times of universal deceit, telling the truth becomes a revolutionary act."-George Orwell "You can lead a man to Congress, but you can't make him think."-Milton Berle "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."-Mark Twain "Power corrupts. Absolute power corrupts absolutely."-Lord Acton |
#604
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Split ya clean in half they will! Don't put a slide fire stock on em else everyone in a five mile radius' doomed.
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Stand up and be counted, or lay down and be mounted... -Mac Last edited by readysetgo; 02-23-2013 at 12:16 AM.. |
#605
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Really.
Not sure if anyone has seen the latest news -
Prosecutors in Chicago are telling state lawmakers they can essentially ignore a federal court ruling and not legalize concealed carry in Illinois. The Illinois House on Tuesday held the first of two statewide hearings on how to legally allow people to carry a gun in the state. Illinois is the only state in the nation that bars anyone from carrying a pistol outside their home. In December, the 7th Circuit Court of Appeals said Illinois must change that. But Paul Castiglione, policy director for the Cook County State’s Attorney’s office, told lawmakers there is no need for a new law. “Only the Illinois Supreme Court can declare a statue from (the legislature) unconstitutional,” Castiglione told lawmakers Tuesday. “I heard (someone) say that after 180 days our UUW (unlawful use of weapon) statute is unconstitutional. Not so.” Perhaps when June comes along, gun rights groups should put together a "cross section" of "volunteers" to deliberately get arrested and represented by the "A Team" legal defense pro-bono. I am sure we can create a real good cross section of "defendants" that will allow us to hit Illonis from every possible subgroup and "protected" group possible. Guess the "Chicago Machine" wants to make sure Alan Gura can buy a "Super Exotic" sports car. Nicki |
#606
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Can Gene or someone else familiar with Supreme Court procedure double-check my understanding here:
1. Suppose if Illinois appeals to the Supreme Court, can they appeal for a temporary stay of the lower court's mandate (Posner's mandate to strike down the law) pending the Court's decision on their cert? 2. Assuming that they can, am I right to assume that a stay of the lower court order requires 5 votes? |
#607
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#608
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Your post is pretty much word for word a duplicate of his on the previous page.......??????? Here's a copy of my reply to his equally non-sensical post.... That's not the latest news. After the weird rant of the "Cook County Policy Director", the state legal eagles explained to the legislatures that the order was in fact binding on the state and that ignoring the court would be at their peril. Eyewitness accounts from people present in the room reported that you could have heard a pin drop. We ARE in fact winning!!!! |
#609
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#610
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Well this post is to basically display the talented resources we have here at Calguns that produces so much good insight and analysis! What is frustrating is how close all of these critcal votes are (Heller & McDonald were both 5-4), Moore was 2-1 with the en banc vote here being 5-4 with Hamilton, Rovner, Wood and Williams all dissenting with Kanne not participating. All of the Klinton/0bama judges were in the dissent. Note that Rovner supported us in Ezell but joined in the dissent here. This just further illustrates that elections have consequences and 0bama is now going to have four more years to appoint judges, hopefully none to SCOTUS! |
#611
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What this means is that if Madigan does not petition the court for the stay of mandate, then it is indicative that she will not be appealing to the SCOTUS. We will know by Thursday of next week.
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Listings of the Current 2A Cases, over at the Firing Line. |
#612
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It certainly looks that way. My only cause for doubt? This IS Chicago we're talking about & I've always had my doubts about the Rule of Law over there. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#613
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#614
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However, if the antis want to negotiate, we can get not only a strong shall-issue, but also a very narrow definition of "sensitive places." It appears that the "sensitive places loophole" is where the dissent was going and where the anti-gun localities will be trying to hide. So, let's say Chicago starts playing games, but we get "sensitive places" sorted out in the most restrictive part of the country. Who cares. Chicago will eventually have to comply, but we end up with a priceless gem for the rest of the country. Granted, it would be legislative and not legal definition, but it would give a very good clue to other anti-gun legislators what will happen if they don't play ball.
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NRA Benefactor Member |
#615
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California could get more fun much sooner than we expect (but don't hold your breath.) -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#616
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If they let this ruling by the 7th stand, Illinois could simply accept it and then test the waters for what they think is reasonable regulation as opposed to having SCOTUS tell the whole country "concealed and open carry for all" (ok a little over board) |
#617
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#618
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I think when it comes to control, there may be incentive to not push this forward and try, within, to come up with regulations to satisfy the ruling. This way they could add regulations as they see fit, make pro 2A folks challenge each regulation and drag on their kingdom a lot longer. Chicago politics! Expect the unexpected. |
#619
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I don't see a problem here .
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NRA Benefactor Member |
#620
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I really hope they leave sensitive places to only airports or federal buildings with metal detectors.
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just happy to be here. I like talking about better ways to protect ourselves. Shop at AMAZON to help Calguns Foundation CRPA Life Member. Click here to Join. NRA Member JOIN HERE/ |
#623
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The fun thing about taking Madigan though is that Illinois is like CA in that they have no 2A in their constitution.
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#624
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Airports are not sensitive till you get beyond TSA and gates
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#625
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USC applies to all 50 states. Just because the state constitution doesn't have it doesn't mean they get to ignore it. That was the ruling on McDonald I think it was, anyway. |
#626
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I understand that! The states are still reluctant to admit it though as you can see her in CA. A SCOTUS ruling against a state similar to CA would really make a point.
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#627
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Illinois does have RKBA in their constitution. Though it is "subject to the police power."
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#628
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It seems we'll end up betting the farm on the Heller Five. After Obama won re-election, Valerie Jarrett was quick to comment "...we have two judges ready to go." Would you put it past this Administration to pull a "Pelican Brief" to thwart any further pro-2A 5/4 votes?
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
#630
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-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#631
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Stand up and be counted, or lay down and be mounted... -Mac |
#632
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Yes we do. Unfortunately judicial time isn't much faster than a glacial pace.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT-- Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association |
#633
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What matters is that Madigan wants to be the next Governor (as does her Dad, who is pushing this and her). In order to get there, Lisa Madigan must be seen as defending the laws of the State, for all she's worth. That's the political reality. Madigan cannot campaign with "clean hands" if she doesn't petition for cert. Win, lose, or draw, Madigan is "locked in." Even if she knows she will lose, it is something she must do, to retain political credibility.
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Listings of the Current 2A Cases, over at the Firing Line. |
#634
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Here she is in all her glory, pondering when she will petition. And...admiring her hero... It's all politics for these scumbags Quote:
By Associated Press, Published: February 22 CHICAGO — A federal appeals court on Friday narrowly rejected Illinois’ request to reconsider a ruling that found the state’s concealed carry weapons ban unconstitutional, leaving lawmakers in the only state that still prohibits concealed carry more certain than ever they must come up with a new law. The 5-4 ruling (As opposed to 6-4)by the 7th U.S. Circuit Court of Appeals gave state Attorney General Lisa Madigan the option of appealing to the U.S. Supreme Court — a move that could affect gun laws in other states. It also came on the same day that state lawmakers held a hearing on the issue in Chicago — a city that’s drawn national attention for its gun violence and rising homicide rate, including last month’s death of a 15-year-old honor student a mile from President Barack Obama’s home. Madigan said in a statement she has not yet decided whether to appeal. But she said a dissent written by four of the judges “provided a clear framework to guide the legislature in drafting a new law.” Those judges said some restrictions — including limits on who may carry and where they may do so — could be considered constitutional. “With the 180-day deadline still in place, it is critical that the legislature continue to work to enact a law that will protect public safety,” said Madigan, a Democrat from Chicago. In Chicago, at the second of a series of Illinois House Judiciary Committee hearings, word of the court’s decision seemed to change the tenor of various speakers’ comments. Advocates who for years have fought for gun control legislation took turns urging lawmakers to make sure the bill they pass prohibits guns in places such as schools, hospitals, restaurants, churches, nursing homes and commuter trains. “It would be a recipe for disaster,” Chicago Transit Authority President Forrest Claypool said of allowing guns on public transportation. At the same time, gun rights advocates who crowded into the downtown hearing room were buoyed by the court’s ruling. Many applauded several times and smiled when Todd Vandermyde of the National Rifle Association said the court ruling, along with several previous court rulings, left the state no choice but to enact a concealed carry law. “This is a fundamentally, constitutionally protected civil right,” he said. Madigan had asked for the entire 10-judge federal appellate court to consider the case after a three-judge panel in December gave lawmakers until June 9 to legalize the concealed carry of firearms. She argued that the ruling conflicts with decisions by other federal appellate courts and goes beyond what the U.S. Supreme Court has held. In a 5-4 decision, with one judge not participating, the court denied Madigan’s request. The majority did not expand on the opinion written by Judge Richard Posner in December, which said there is “no suggestion that some unique characteristic of criminal activity in Illinois justifies the state’s taking a different approach from the other 49 states.” Richard Pearson, the executive director of the Illinois State Rifle Association, said the ruling makes clear that courts believe the prohibition violates Second Amendment rights. If Madigan opts to appeal and the U.S. Supreme Court agrees to hear the case it’s possible the justices could strike down not only Illinois’ ban on concealed carry, but also gun restrictions in other states, such as New York and Maryland. “If she does (appeal), I would be happy,” Pearson said. “There’s a very good chance they’ll rule in our favor.” Madigan has 90 days to decide whether to ask the high court to hear the case. Lawmakers, meanwhile, are working to craft legislation that could get the approval of legislators from Chicago — a city with some of the strictest gun ordinances in the nation — as well as from the state’s more rural and conservative areas, where there’s more support for gun rights. Some Republicans and more conservative Democrats say Illinois should be a “shall issue” state, in which anyone who meets prescribed criteria must get a permit to carry. More left-leaning Democrats want to be a “may issue” state, meaning local police could deny a permit even if the applicant’s background is otherwise clear. Gov. Pat Quinn, a Chicago Democrat, and other gun control advocates also want any new gun legislation to include a ban on assault weapons and high-capacity magazines and to prohibit concealed carry in public places such as sports stadiums and shopping malls. Vandermyde said he would oppose many of the limits proposed by gun control advocates, saying the cumulative effect of their desired restrictions would amount to a ban — adding that he would not be in favor of prohibiting guns on public transportation. At least one lawmaker, State Rep. Dennis Reboletti, a Republican from the Chicago suburbs had his own reservations about banning weapons on buses and trains. “My concern is the gang members will always carry,” Reboletti said, drawing a round of applause from gun rights advocates. Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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On hold.... |
#635
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Losing at SCOTUS might actually be to her political advantage. Politicians aren't stupid as far as politics goes. She may see the odds of RKBA becoming every more firmly validated, at least as far as her political era is concerned, and figure she can raise more funds and excite her base better if she thinks she can raise the specter of a re-invigorated gun lobby. If she goes for cert and it is granted, she either looks like she tried all she could or she actually wins and cements her place in certain nationwide politics.
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Mention the Deacons for Defense and Justice and make both left and right wingnuts squirm |
#636
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-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#637
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Mmmmm.
I understand that she is considering running against Gov. Quinn, the issue comes down to this, is a loss at the US Supreme court hurtful to her career.
A win would obviously be better, but to go down fighting especially if the legislature and Gov Quinn don't get a "court acceptable" bill passed by June would mean that she alone could claim to be the defender of "sane gun laws". What do you guys think, should we call her office and plead with her to go to the SCOTUS. Perhaps some folks in Chicago can chirp in. Nicki |
#638
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I dont see any reason that she wouldnt push it. Like I said before, Illinois politicians hate having power taken from them, and will do anything they can to drag this out. And they will be damned to have outsiders, even presumably on the same team, tell them what to do.
I dont see her not petitioning for cert. |
#639
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Always watch your step . . .
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led Get it right. Like this: Vopnum s*num skal-a maður velli á feti ganga framar, þv* að óv*st er að vita, nær verður á vegum úti geirs um þörf guma.
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"The Religion of Peace": Islam: What the West Needs to Know. America is Not a Democracy ". . . all [historical] experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms [of governmental abuses and usurpations] to which they are accustomed." Decl. of Indep., July 4, 1776 NRA Benefactor/Life Member; Lifer: CRPA, GOA, |
#640
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Quite so and I stand corrected.
-Gene
__________________
Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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