BREAKING: Illinois AG Files Extension for CCW Bill, Appeals to Supreme Court


Lisa Madigan (courtesy chicagotribune.com)

No surprise here. The Seventh U.S. District Court set a deadline for the Illinois legislature to enact a concealed carry bill. The Chicago Machine has used that time to do everything in their power to pass CCW legislation so restrictive residents wouldn’t be able to exercise their Constitutionally protected right to bear arms. (Cough New Jersey cough.) Thanks to gun rights advocates’ constant vigilance and dogged determination, the Machine’s perfidious plans have come to naught. And so Attorney General Lisa Madigan [above] has requested an extension on the deadline so that the State can ask the U.S. Supreme Court to sort out all the contradictory rulings on concealed carry. [Click here to read the writ.] This could be The Big One.

comments

  1. avatar JSIII says:

    Who didin’t see this one coming? The Illinois state gov’t pissed 6 months away on bills to give illegals drivers licences and to ban lion meat all while trying to force through bills that would have made NY’s CC laws look welcome. The bad part is she will get the extention and keep pushing it out until after the 2014 Gov. primary next spring.

  2. avatar beanfield says:

    Reading the request, it sounds like they’re doing more than just asking for an extension on the CCW bill. I don’t speak legalese (or jive). At the top of page 7 it appears they’re asking for a certiorari petition. As near as I can tell, they’re asking SCOTUS (Kagan) for an extension so they can write another request to SCOTUS to review the lesser courts opinions (and contradictions)??

    http://www.techlawjournal.com/glossary/legal/certiorari.htm

    Petition for Writ of Certiorari. (informally called “Cert Petition.”) A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.

    1. avatar Jeff says:

      They’re asking for an extension of time to file a cert petition. To date, Madigan has rebuffed Quinn’s requests to appeal the 7th Circuit decision to the Supreme Court. She wants to be Governor and is no fool; fighting this to the Supreme Court would not play well downstate. Accordingly, she was hoping the Illinois legislature would agree to something and moot the issue. Now that it is becoming clear the legislature may not act — at least in the fashion that she would prefer — she’s trying to leave the door open for an appeal to the Supreme Court. Whether she ends up filing that appeal is still an open issue.

    2. avatar Roscoe says:

      “Perfidious”.

      Great description of Democrats’ and gun grabbers’ deceitful efforts wherever they are actively trying to impose disarmament oops I mean restrictions.

      1. avatar Shorr Khan says:

        I am sure you meant to write “common-sense restrictions”.

  3. avatar SD3 says:

    Anyone who makes a conscious decision to live in that open sewer we call ‘Illinois’ deserves what happens to them.

    1. avatar asdf says:

      Hey now, Chicago is a sewer, not all of Illinois. Once you get out of the city is is a pretty decent state.

      1. Hey now. I’ll be the first one to slam my hometown, but it’s far from the entire city that’s a sewer. Anyone who lives here, and quite a few TTAG’ers do, know that there are two Chicagos. There are the well off, popular with the younger set neighborhoods that are quite safe with good schools and all that. Then there’s other Chicago that is a literal hellhole/warzone. If one were to de-annex the hellhole part of the city, you’d have one safer large cities in the country vs another Detroit.

        Illustrating Chicago’s Murders, Homicides, Violence and Idiocy at heyjackass.com

    2. avatar Da Tinman says:

      Easy for you to say. Having no choice but to stay here and fight for my rights, why do I deserve that condescending dribble from you?

      If things were to change in a bad way where you live could you literally abandon everything with little or no financial recourse, give up good paying jobs, leave family and friends in the dust and move to a place where you have no support and start from scratch on the hopes that it will be better?

      You are assuming that we are all gun hating liberal sheeple just because folks up north and a few down south vote a certain way. I can assure that is not the case.

      1. avatar Lloyd says:

        If you think you can’t leave the state, you must be tied to a Union Job. Better open your eyes now, unions are a dying breed, and should be…

        1. avatar Da Tinman says:

          Right. We have no other ties here other than a non-existing union paycheck. Sorry no love for a union here.

        2. avatar Jeff says:

          A little respect please. Like many Americans, some of us are stuck where we are because our mortgages are underwater and leaving is not a viable financial option at this time. When the real estate market recovers a little? Yeah, can’t wait to get outta here. Heck, I would be fine with driving 20 miles east and settling in Indiana.

        3. avatar matt says:

          I work in IT, no unions there. You want to give me a job doing 3rd level IT support and provide relocation assistance?

      2. avatar Totenglocke says:

        I’m sorry, how do you have “no choice but to stay”? Unless you’re under threat of imprisonment or death for leaving, you’re free to flee to greener pastures any time you want. You’re choosing to stay of your own free will.

        1. avatar Accur81 says:

          Still think choice has a lot to do with it when you are upside down on your mortgage? Living close to family?

          My wife and I lost around $250 K on the real estate collapse. After 5 years of 55-90 hours a week, I’m still not even. Many people have it a whole lot worse.

          I’ve never understood why so many commenters are so derogatory towards those in Chicago, NY, CA, etc. Fight crappy gun laws wherever you are. They could spread to the entire nation – Colorado certainly took a hit.

        2. avatar William Burke says:

          Right! “No choice” – a nifty lie we tell ourselves. There’s no one that doesn’t make this or similar mistakes in reason.

          Mortgage crisis? ENDING? What have you been smoking? Obama = unending crisis. If you don’t thing – no, SEE – that Obama is making plans to be President-for-life, you’re missing something.

        3. avatar CA.Ben says:

          No he is not William. He has to leave in 2016 to make room for Hillary.

      3. avatar Randy Drescher says:

        I hear you, if Milwaukee were a sewer I couldn’t pack up & move either, best of luck, Randy

    3. avatar JSIII says:

      Yeah and screw those people in California, New York, New Jersey, Ma, CT, Colorado etc etc..wait…thats a huge portion of the gun owning population?

      This attitude of “screw those guys if they live there” attitude is exactly what the antis want to do, they want to divide gun owners .

      1. avatar Totenglocke says:

        Except what all of you keep missing is that if people fled those states for Free States, the Free States would have an overwhelming proportion of the House of Representatives and no anti-gun legislation would ever pass at the Federal level ever again.

        1. avatar Bruce says:

          Yes, like Texas will be in about 20 years. Face facts, no state in the union is safe. We have to fight everywhere, not run away.

    4. avatar Adub says:

      Hey, I’m trying to get out as fast as I can! We can’t all move to Texas (I like four seasons, not just cool and earth-scorching).

      I think Madigan is praying for the extension so she and the gun-grabbers can file their appeal to the Supreme Court. Given the split among the circuits (carry doesn’t mean carry outside your house???), there is a strong likelihood the SC would take the case, and that would punt the issue down the road for another year (while leaving IL draconian laws in effect).

    5. avatar Kvjavs says:

      SD3, it’s comments like that from douche bags like you that are as bad as the liberal gun-grabbers.

      We have enough enemies outside of the spectrum of gun ownership. If you’re not being helpful, why don’t you make like Chris Christie and pound some sand?

      1. avatar gloomhound says:

        Really?

        Someone is trying to take away your rights and the other said something you don’t like, and you think it’s as bad?

        1. avatar Kvjavs says:

          Absolutely. I’m here fighting in Illinois to keep my rights and some dickhead says I deserve what’s coming to me.

          I’m voting pro-gun wherever I can… always have, always will. My representative was against any AWB ban and is pro-CCW.

          How do I deserve to have my rights taken away? Because I cannot afford to move out? Piss off.

      2. avatar William Burke says:

        “Deserve” certainly IS a bit too strong, I agree.

    6. avatar Derek E says:

      Like others have commented, just because Chicago and Cook County are messed up doesn’t mean rest of the state is. Madigan, Quinn, and other Chicago Democrats gun grab will maybe finally open the eyes of the southern part of the states Democrats who are actually Pro-Gun. Personally Chicagoland needs to become its own state and leave the rest of the state alone.

      1. avatar JSIII says:

        I love my home state of Illinois. Even the City of Chicago has its good points. The problem is certain politicians are making the California(sorry) of the mid west. Failed fiscal policy? Check. Over-Reaching State Govt? Check. Anti business policies? Check. Out of control entitlment programs? Check.

        Can Illinois be saved? Maybe, time will tell.

      2. avatar neiowa says:

        Fence off Cook, Dupage, Will counties and form the State of Lincoln. Or better yet the State of Reagan (that would cause thousands of welcome strokes).

        Then deport your prision population of _____-Americans back to Chicago.

        1. avatar RonOglesby says:

          Screw you. I live in Will County… BTW, did you know the Will County sheriff is a Illinois CCW supporter.

          we’re not all jags.

        2. avatar William Burke says:

          REAGAN? You mean the huckster who pretended he was reporting live baseball plays, but was actually getting them by phone? About sums up his administration: Hollywood-style LIES.

          BAH.

    7. avatar Robt. says:

      I live in Terre Haute, Indiana. We get lots of Illinois plates over here,
      on our streets. Shoppers and students, etc. I know many good folks
      from Illinois that are still fighting the good fight. I have asked the same
      questions that have been asked here, for years. IMO it is almost (but not quite)
      Like saying “I wanna leave the USA if it gets much worse” but at least
      Illinoisans have the option of moving to Missouri or Indiana, etc.

      Public Sector Unions with auto-increases in everything is BS. But I
      have a good union job, and we earn every penny and negotiate based
      on Free Market Economics. Construction is highly competitive and
      I am proud of my training and skills. I was tops in my apprentice class
      and I stay sharp in my trade. But not all “unions” deserve that label.
      To Wit: the NEA
      yuk

      1. avatar William Burke says:

        Absolutely. Without unions, we’d be still working 60-hour weeks, six days, if not seven. Pity that some have gotten too big for their britches, but when did that NOT happen?

    8. avatar Robt. says:

      Our members will not speak ill of Republicans when they stand up for the 2A!

      JUST SAYIN’!

      Most of us own guns. More of us are pro-gun and pro freedom.
      I’m just trying to educate our members about voting as such.
      We need to hold ALL our politicians accountable for all their votes.
      Not just the ones that help our own personal cause. If we lose the
      First and Second amendments, we will lose our voice as Workers.
      And everything else we have as derived “rights” that are benefits of
      having a Strong BILL of RIGHTS. Workers Rights are derived from
      our Constitution. We need to protect that before our secondary items.
      I Guarantee!

    9. avatar Carl Randolph says:

      Absolutely! I’ve lived here most of my life. Kids grown, Wife’s dead and I’m retired. I’ll move to Mo. in a heartbeat if they blow this one. Tired if the Dems in Chi Towns BS!!

  4. avatar dirk diggler says:

    I speak leagalese and jive. It is a Stall tactic. She doesn’t want to file an appeal that will kill her chances @ being governor and the deadline is approachin to file for cert so . . . This is essentially asking the teacher for more time on an open book take home exam. She would need to show some good cause and sitting on your ass for 6 months aint it. I need to look up scotus rules to see the exact standard, but given the lateness of the scotus session, this may be a crappy hail mary pass.

    1. avatar Joke & Dagger says:

      Along with your good knowledge of legalese and jive, you also understand as well as I do the mind of the Progressive. Just another sneaky tactic in their War On Guns.

      The real question though, is: MILF or NOT MILF?

      1. avatar Adub says:

        NOT MILF

        She looks shrill and mean. It’d be like having sex with an accountant. Or my ex-wife.

      2. avatar Mike the Hops Farmer says:

        I’d let her Lewinsky me, but I wouldn’t go so far as MILFing her. 😉

        1. avatar jwm says:

          Mike, you sure you want that mouthfull of venom any where near your little buddy?

      3. avatar Ralph says:

        The real question though, is: MILF or NOT MILF?

        SK@NK.

      4. avatar Joke & Dagger says:

        After a couple hours of intense reflection, she is NO MILF.

        1. avatar William Burke says:

          REALLY? Took that long? Shovel that over to your Pit of Terrible Ideas, have a nice hoagie and a pitcher of cold beer, and move on.

          Good food and cold beer. THERE’S something you can bank on.

        2. avatar Joke & Dagger says:

          What’s a hoagie? 🙂

      5. avatar DrPop says:

        I’d MILF her.

        It isn’t “Mom I’d Like To Marry” after all.

    2. avatar Nor'Easter says:

      Can’t this trigger a general review of all carry and possess laws? As RF says, The Big One?

      1. avatar Mike the Hops Farmer says:

        Like an angry woman with braces, a little danger adds to the excitement!

        1. avatar William Burke says:

          NO!!! MAKE IT STOP!!! THE HORROR!!!!

          WILMA! STOP THIS CRAZY THING!

  5. avatar Dirk Diggler says:

    Here are the SCOTUS rules – look at Rule 13(5) and note the last sentence:

    “An application to extend the time to file a petition for a writ of certiorari is not favored.”

    http://www.supremecourt.gov/ctrules/2010RulesoftheCourt.pdf

    1. avatar uncommon_sense says:

      Makes me think she purposely waited this long to file for extension hoping that the Supreme Court would deny her request. This accomplishes two things. One, she can say that she “tried her best” to stave off legal carrying in Illinois. That makes the gun grabbers happy. Two, she fails to block the lower court’s ruling thus forcing legal carry in Illinois. That makes the gun rights proponents happy. This would help her appease both sides of the debate and improve her position if she runs for governor. Not a bad strategy actually.

      1. avatar Dirk Diggler says:

        she still has the right to file a true cert petition so they will give her grief for that as well. . . . .perhaps if she had Daddy stop farting around and implement a shall issue CCW with certain restrictions that favored chicago, perhaps.

      2. avatar William Burke says:

        Congratulations. You passed with flying colors! “Watch what we do, not what we say.” – John Mitchell, crooked Nixon AG.

  6. avatar Alex Peters says:

    Meanwhile, here’s what happened in Obama’s adopted hometown last night (yes, a freakin’ Tuesday night):

    http://www.chicagotribune.com/news/local/breaking/chi-at-least-8-wounded-in-separate-shootings-on-the-south-north-side-20130430,0,4341847.story

    1. avatar JSIII says:

      the CPD and Rham hate to say this but the weather does have an effect on the crime. Chicago has had one hell of a cold spring, all this pent up tension is going to make for an explosive summer.

      1. avatar Alex Peters says:

        They also hate to admit that poor shot placement and top-notch hospitals help keep the murder rate down.

        1. avatar Avid Reader says:

          Don’t forget that according to Christie Hefner it’s all because of global warming.

      2. avatar matt says:

        It was 90+ degrees today.

    2. avatar neiowa says:

      After I got my homework all done went to take the grandmas doggie out for a walk, drop off a donation at the church, and get daddy a newspaper. How to know there would be 200 other members of the diversity club doing the same thing. Then this spaceship came over and heard these popping ….

  7. avatar Russ Bixby says:

    Hmmm… They’re used to being contemptible, so why worry about contempt?

  8. avatar bontai Joe says:

    Ms. Madigan is either a tiny lady, or that crib is for some giant sized baby? Sorry, couldn’t help but notice that. As for her delay tactic, it sounds like she is trying to cover both sides of her butt at the same time with her party and the electorate.

  9. avatar Liberty2Alpha says:

    “And when our agenda is fully implemented, this is where you, the insignificant peons, will sleep at night.”

    (Oh, sorry. This isn’t a caption contest?”)

  10. avatar Aaron says:

    It’s the 7th *Circuit* Court of Appeals, not District Court.

    Federal goes District (“Central District of California”) -> Circuit (“7th Circuit Court of Appeals”) -> Supreme Court.

  11. avatar Ralph says:

    After refusing to grant cert in Kachalsky, it seems unlikely that SCOTUS would grant cert in this case, much less a petition to extend the time to file for cert. I think that this is a Hail Mary. Time will tell.

    1. avatar Dirk Diggler says:

      or mybe she is hoping the supremes grant cert in the Wolligan (sp?) 4th cir case? that way she can ask for cert and delay implementation

      1. avatar Ralph says:

        Could be, DD, but after hearing two 2A cases in two years, I think the gun show window at SCOTUS is closed for a while. Also, the Woollard case is very close to Kachalsky, which was denied cert. And even if SCOTUS granted cert on Woollard, why would it grant cert to Ms. Madigan? The two cases are completely unrelated.

    2. avatar Taurus609 says:

      Who determines if the SC will review or allow an extension, she addressed it to Kagen. Does it have to be all or just one or Chief Justice Roberts?

      1. avatar Ralph says:

        The Justices are assigned to handle applications from the various Circuits. I guess Kagan has responsibility for the 7th. She will decide whether or not to extend. I don’t think she will. The SCt isn’t exactly hurting for business these days.

        1. avatar Taurus609 says:

          Thanks!

  12. avatar Buzzlefutt says:

    Meanwhile Madigans senior has his reps sending questionnaires to their population asking where they stand on gun restrictions such as AWB, magazine limits, FOID fee increases, etc.
    This seems like they are delaying to get support on gun control.

  13. avatar Steve says:

    Could go either way, but if the Supremes want to actually do their job and follow the Constitution (HA! I’m a jokster!) they will need to say states either need to allow open carry or concealed carry to abide by the “keep and BEAR arms” part, as putting a ban on both essentially bans the 2nd, which, you know, is unconstitutional.

    1. avatar matt says:

      Personally i’d love open carry, I would so try to get a photo op with Rham or McCarthy while I OC my scary black rifle.

  14. avatar mobrules says:

    Chicago tribune has an article today saying there were 20 shootings last night and 3 deaths. Just fyi.

  15. avatar William Burke says:

    Whoa! Almost forgot to congratulate you on the photo, Robert! Stroke of genius, that.

  16. avatar Jacen says:

    Let’s hope the Supreme Court give IL no choice by a CC bill

  17. avatar John says:

    2nd Amendment supporters from IL would like to know why Duty to Inform w/criminal penalties is still included in the NRA backed HB997 sponsored by Rep. Brandon Phelps? The bad language was not placed in the bill by the Chicago machine, but supplied by NRA contract lobbyist Todd Vandermyde! Way to go Todd! With friends like these, who needs enemies!? The only Reps. trying to get the DTI language out of the bill are evil Chicago Democrats like Will Davis. Something smells on this deal. The Federal judge hands the NRA victory on a platter but the NRA contract lobbyist and 2nd Amendment activists from downstate are working hard to snatch defeat from the jaws of victory… Way to lose, folks! Let’s all pretend real hard we live in Harrisburg, IL where you will simply hand your LTC over to the local deputy (who happens to be your cousins brother in law) who will then wave you on after chewing the fat with you about your new Galco rig, after inviting you to the barbecue for the FOP down at the local VFW hall. Meanwhile, Otis McDonald is spread out on the sidewalk held down at gunpoint by the local CPD tac team on saturation patrol…

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