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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-22-2013, 7:04 PM
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Default Moore/Shepard v. Madigan, 702 F.3d 933 (7th Cir. 2012) (Illinois CCW)

Moore v. Madigan; Shepard v. Madigan
Issue: 2A Right to Bear Arms in Public

As of 3/21/2014, there were 13,500 CCW permits issued in IL.

Moore v. Madigan

Trial Court: C.D. Ill.
Case No.: 3:11-cv-03134
Docket: http://ia600603.us.archive.org/14/it...15.docket.html

Appellate Court: 7CA
Case No.: 12-1269
Docket: http://ia601700.us.archive.org/8/ite...69.docket.html
Decision: Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012).

Current Status as of 3/24/2014: Attorney Fee Motion and related discovery are pending; Defendants' opposition is due 5/5//2014.


1/7/2014 - Plaintiffs' motion for reconsideration is denied; Defendants have until 5/5/2014 to conduct discovery and oppose Plaintiffs' attorney fee motion.
1/2/2014 - Plaintiffs' file motion for reconsideration of additional time.
1/2/2014 - Court grants Defendants' motion for additional time.
12/30/2013 - Defendants request additional time to conduct discovery related to Plaintiffs' attorney fees.
11/07/2013 - Text order - motion for atty fees due 12/16/2013, Opposition due 12/30/2013.
10/21/2013 - Status Conf.
10/9/2013 - Defendants' MTD as moot is denied (order).
7/9/2013 - Defendants' MTD as moot.
7/9/2013 - Legislature overrides veto of SHALL ISSUE CARRY BILL (Chicago Tribune Article).
7/9/2013 - 7CA Mandate Issued.
12/11/2012 - 7th Circuit Opinion Published.


Shepard v. Madigan

Trial Court: S.D. Ill.
Case No.: 3:11-cv-00405
Docket: http://ia700609.us.archive.org/34/it...07.docket.html

Appellate Court: 7CA
Case No.: 12-1788
Docket: http://ia801704.us.archive.org/5/ite...88.docket.html
Decision: Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012).

2nd Appeal re: FOID carry until CCW implemented
Case No.: 13-2661
Docket: http://ia800901.us.archive.org/26/it...61.docket.html
Decision: Shepard v. Madigan II, ___ F.3d ___ (7th Cir., Nov. 5, 2013).

Current Status:
As of 12/12/2013 - Cases complete. No FOID carry under these case numbers.

11/27/2013 - 7CA mandate issued.
11/5/2013 - 7CA opinion affirming ILSD's denial of FOID carry pending CCW implementation.
8/14/2013 - Appellant's Reply Brief.
8/9/2013 - Appellee's Opening Brief.
8/7/2013 - Oral Argument Scheduled for 10/3/2013 at 9:30am.
7/30/2013 - Apellant's Emergency Motion / Opening Brief.
7/9/2013 - Legislature overrides veto of SHALL ISSUE CARRY BILL (Chicago Tribune Article).
7/9/2013 - 7CA Mandate Issued.
12/11/2012 - 7th Circuit Opinion Published.


Links:
CGF Wiki for Moore links to wildhawker's thread: http://www.calguns.net/calgunforum/s...d.php?t=452974
CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present
ISP online CCW app: https://ccl4illinois.com/ccw/public/home.aspx
ISP CCW FAQ: http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm
Firearm Concealed Carry Act (FCCA): http://www.ilga.gov/legislation/publ...F/098-0063.pdf
Attached Files
File Type: pdf Shepard v Madigan II opinion.pdf (165.5 KB, 11 views)

Last edited by fizux; 03-24-2014 at 6:31 PM.. Reason: updates
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  #2  
Old 11-06-2013, 1:07 PM
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Bump for release of opinion by 7CA.
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  #3  
Old 11-06-2013, 1:14 PM
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Quote:
We do not mean to belittle the plaintiffs’ complaint about
delays built into the new law. But if they don’t like the new law,
and wish to invalidate it, they must bring a new suit. Their only
basis for complaining about the district court’s refusal to enjoin
the old law immediately—and thus allow them (if they have a
FOID card) to start carrying guns in public without complying
with the new law—is that we ordered it and therefore the district
court has violated our order. That is incorrect. We made no
order regarding relief except to specify a deadline for the state
to enact a new law. It met the deadline. Thus the district court
did not violate our mandate and so there is no basis for the relief
that the plaintiffs sought. The denial of that relief is therefore
AFFIRMED.
That seems pretty clear.
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Old 11-06-2013, 10:41 PM
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The only good thing is that the state, apparently, still expects 300,000 applicants in the first year.

http://www.wifr.com/home/headlines/I...230694551.html

When, oh, when will the last 8 "hold out" states join the rest of the nation???

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Old 11-07-2013, 12:18 AM
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Originally Posted by Paladin View Post
The only good thing is that the state, apparently, still expects 300,000 applicants in the first year.

http://www.wifr.com/home/headlines/I...230694551.html

When, oh, when will the last 8 "hold out" states join the rest of the nation???

That map has some errors and clarification is badly needed!!

First, Arkansas is NOT "Constitutional Carry" (CC) and their AG has even provided this opinion. Wyoming is ONLY CC for residents and being the least populated state, most everybody needs a permit in WY. Arizona is NOT CC like AK or VT as a permit in AZ provides more carry rights than CC does.

Statutorily Connecticut is a may-issue state, however current policy is to a large extent shall-issue, but this could change on a mere whim or shift in the political winds.

Last edited by Baja Daze; 11-07-2013 at 12:20 AM..
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Old 11-07-2013, 2:51 AM
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Originally Posted by Baja Daze View Post
That map has some errors and clarification is badly needed!!

First, Arkansas is NOT "Constitutional Carry" (CC) and their AG has even provided this opinion. Wyoming is ONLY CC for residents and being the least populated state, most everybody needs a permit in WY. Arizona is NOT CC like AK or VT as a permit in AZ provides more carry rights than CC does.

Statutorily Connecticut is a may-issue state, however current policy is to a large extent shall-issue, but this could change on a mere whim or shift in the political winds.
http://www.calguns.net/calgunforum/s...4#post11779784
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Old 12-12-2013, 1:15 PM
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ISP has a website for applications:
https://ccl4illinois.com/ccw/public/home.aspx

Note for Californians in no-issue counties, the IL non-resident application requires a copy of a CCW from the applicant's home state.
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Old 12-19-2013, 5:44 AM
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Originally Posted by fizux View Post
ISP has a website for applications:
https://ccl4illinois.com/ccw/public/home.aspx
That's great the ISP made applications available before the 2014 Jan 05 deadline, but does anyone know when the ISP started/starts accepting applications?

From: https://ccl4illinois.com/ccw/Public/ISPFaq.aspx
How long will it take a citizen to obtain an Illinois Concealed Carry License?

Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format. (underlining added)
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Supporting CGF at the expense of supporting NRA is wildly stupid. . . .

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Old 01-25-2014, 1:11 PM
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Originally Posted by Paladin View Post
That's great the ISP made applications available before the 2014 Jan 05 deadline, but does anyone know when the ISP started/starts accepting applications?

From: https://ccl4illinois.com/ccw/Public/ISPFaq.aspx
How long will it take a citizen to obtain an Illinois Concealed Carry License?

Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format. (underlining added)
Just a quick fyi update. Last week I saw an article that said ~13,000 CCW apps were cleared by ISP in the 1st week of Jan and that they were being sent to the local LEAs for up to 30 days of additional background cks. Since I assume most will be cleared at the local level too, there should be ~15,000 CCWers in IL by Valentine's Day (Feb 14th).

http://articles.chicagotribune.com/2...t-local-police
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Supporting CGF at the expense of supporting NRA is wildly stupid. . . .

Never, ever, ever choose not to be an NRA member.

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Last edited by Paladin; 01-25-2014 at 1:15 PM..
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Old 01-27-2014, 1:15 AM
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Quote:
Originally Posted by Paladin View Post
Just a quick fyi update. Last week I saw an article that said ~13,000 CCW apps were cleared by ISP in the 1st week of Jan and that they were being sent to the local LEAs for up to 30 days of additional background cks. Since I assume most will be cleared at the local level too, there should be ~15,000 CCWers in IL by Valentine's Day (Feb 14th).

http://articles.chicagotribune.com/2...t-local-police
Let me know when you come across the imminent flood of news articles about the tens of thousands of people that will be killed during fender bender traffic arguments, the blood running in the streets, and all that doomsday stuff.
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Old 02-01-2014, 4:36 AM
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Let me know when you come across the imminent flood of news articles about the tens of thousands of people that will be killed during fender bender traffic arguments, the blood running in the streets, and all that doomsday stuff.
While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?
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Old 02-01-2014, 11:58 AM
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Originally Posted by Paladin View Post
While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?
I heard a rumor about 5th hand that one had to go to pick up IRL, just to screw the out-of-staters a little harder; don't know if that is real though.

I know the CCW instructor at Front Sight (with UT, FL, etc.) had that as a hiccup in getting his IL instructor cert (when I went to renew my NV last fall).
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Case Status: Peņa 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).
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Old 02-03-2014, 10:34 PM
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Originally Posted by Paladin View Post
While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?
Latest word is around mid-March for the first permits. Haven't seen anything about pickup, but who knows.

I was on the ISP site earlier this evening, and there is now one approved California instructor (in Solano County). Not that it does any good until/unless they allow us to apply. There's also an unresolved question about whether approved instructors need to obtain their own permit (which is currently not possible for out of state) by April 16 to stay on the list.

So maybe this means they'll eventually get around to adding California to the "substantially similar" list and allow non-resident applications. Only time will tell.

Last edited by Knomad; 02-03-2014 at 10:36 PM..
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Old 03-24-2014, 6:33 PM
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OP updated with attorney fee motion machinations, new deadline is 5/5/2014 (non-merits / attorney fees).

Permits are being issued in IL!
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