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Author Topic: Wilson v. Cook County - IL Assault Rifle Ban  (Read 302 times)

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Online DoubleMike

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Wilson v. Cook County - IL Assault Rifle Ban
« on: January 22, 2012, 10:50AM »
Oral arguments at the IL Supreme Court level were completed on 1/18/12. The video is here:

http://163.191.183.117/court/SupremeCourt/Video/2012/011812_112026.wmv


History of this case:

One of those cases, Matthew D. Wilson et al., v. Cook County, etc., et al., No. 112026, asks the high court to weigh in on whether Cook County's ban on assault weapons violates state and federal constitutions.

Matthew D. Wilson and two other individuals sued the county in 2007, arguing that the county's Blair Holt Assault Weapons Ban, enacted in 1993 and expanded in 2006, violates the Second Amendment. The circuit court threw out the suit, a decision affirmed by the 1st District Appellate Court.

After the U.S. Supreme Court's 2010 ruling in McDonald v. City of Chicago invalidated Chicago's handgun ban, the Illinois Supreme Court remanded Wilson to the appellate court for further consideration.

Again, the appellate court affirmed the decision. In his petition for leave to appeal, Wilson argued that the court erred by using its same reasoning, despite the new decision of the nation's highest court.

"The court of appeals did not apply strict scrutiny because it found no fundamental right was involved," the appeal says, "and now holds the same even though McDonald established that the right to keep and bear arms is fundamental."

Victor D. Quilici, a sole practitioner in River Grove and lead counsel on the plaintiffs' appeal, declined to comment on the arguments of the case, but said his clients are "just three ordinary guys" who acquired their guns legally and use them for recreation and home protection.

Stephen P. Halbrook, a Fairfax, Va., attorney who has argued Second Amendment cases before various state supreme courts, and co-counsel Edward E. Ronkowski of Mokena will handle oral arguments on Jan. 18, Quilici said.

More here:
http://www.chicagolawbulletin.com/News-Extra/Illinois-Supreme-Court-term.aspx

« Last Edit: January 22, 2012, 11:01AM by DoubleMike »

Online OldGarandDad

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Re: Wilson v. Cook County - IL Assault Rifle Ban
« Reply #1 on: January 22, 2012, 12:28PM »
From http://isra.org/

Reposted since there was no way to permalink this:

Quote
URGENT ALERT – FUNDING BADLY NEEDED TO CONTINUE COURT FIGHTS FOR YOUR RIGHTS. COOK COUNTY AND CHICAGO POLITICAL MACHINES HOPE TO BLEED ISRA DRY
 
As many of you know, the freedom-loving citizens of Illinois are saddled with an ardent gun-grabber for a governor and a state legislature that is absolutely worthless when it comes to protecting the citizen’s innate right to keep and bear arms.

The courts are the last hope for Illinois citizens who honor this nation’s traditions and respect our Constitution. At the very least, the courts provide a pathway for justice to be served as we saw in the Heller and McDonald decisions.

Right now, the ISRA is locked in battle with the gun-grabbers in the Wilson v. Cook County lawsuit. This suit seeks to overturn Cook County’s arbitrary gun ban which prohibits Cook County residents from owning popular hunting and target shooting firearms. On Wednesday, Jan 18, 2012, the Illinois Supreme Court heard arguments in the case. You can watch and listen to the proceedings at the two links below.

Video:
http://163.191.183.117/court/SupremeCourt/Video/2012/011812_112026.wmv

Audio only:
http://163.191.183.117/court/SupremeCourt/Audio/2012/011812_112026.mp3

Watching and listening to the courtroom activities will give you a flavor for the intensity of the battle to save your rights. All out legal warfare is not cheap – and we’re spending a lot of money on your behalf. Our financial reserves are running short so, if we are to continue battling for your rights in the courts, we need your generous donation.

The gun owners of Illinois badly need your support. If our legal funds run dry, the well-moneyed gun haters will run all over the top of us and then you can kiss what little rights you have left good bye. So please click the link above and make a generous donation. The future of gun ownership is counting on you to help, today. Just a reminder, donations to the ISRA are not tax deductable.

Posted Thu Jan 19 07:12:11 CST 2012

"No man's life, liberty or property are safe while the legislature is in session." -- New York State Surrogate Court Judge Gideon John Tucker, Final Accounting in the Estate of A.B._, 1, Tucker (N.Y. Surrogate Court) 247, 249 (1866)

Online OldGarandDad

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Re: Wilson v. Cook County - IL Assault Rifle Ban
« Reply #2 on: January 22, 2012, 12:28PM »
If IL falls then NY will not be far behind.
"No man's life, liberty or property are safe while the legislature is in session." -- New York State Surrogate Court Judge Gideon John Tucker, Final Accounting in the Estate of A.B._, 1, Tucker (N.Y. Surrogate Court) 247, 249 (1866)

Online DoubleMike

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Re: Wilson v. Cook County - IL Assault Rifle Ban
« Reply #3 on: January 22, 2012, 12:38PM »
If IL falls then NY will not be far behind.

 :agree

Online DoubleMike

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Re: Wilson v. Cook County - IL Assault Rifle Ban
« Reply #4 on: April 09, 2012, 08:16PM »
Here is an update. The lower court dismissed this case, it was appealed and the higher court said it must be heard on the 2A issue.

http://www.examiner.com/gun-rights-in-st-louis/challenge-to-cook-county-assault-weapon-ban-to-proceed


Offline mando

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Re: Wilson v. Cook County - IL Assault Rifle Ban
« Reply #5 on: April 10, 2012, 08:22AM »
Very nice!