SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Lisa Madigan’s end game

Monday, Jul 21, 2014

* The attorney general’s office has been spending an enormous amount of time and money defending the state in this deluge of cases. So, the Illinois State Police’s new rules appear to have been essentially designed to get these cases out of the courts and back to the review board

There are about 200 concealed carry denials before Illinois courts, brought by people who say they shouldn’t have been deemed dangerous or a threat to public safety by Illinois’ Concealed Carry Licensing Review Board.

Until recently, applicants didn’t actually know why they were rejected.

In response to the swarm of lawsuits, the State Police just issued new rules. From here on out, the review board must tell applicants why they were denied; those applicants also have a ten-day window to write a written objection.

Rather than continue fight it out in court, Illinois’ Attorney General is going to ask that all of the ongoing lawsuits be tossed back to the licensing board.

“The reasoning for that is based on the concerns that the applicants have raised, one of those being an opportunity to respond to the board’s reasoning for objecting, or questioning, an applicant for concealed carry license,” says the Attorney General’s spokeswoman, Natalie Bauer.

As I’ve pointed out before, these new rules are hardly adequate. Ten days to respond? Ludicrous.

- Posted by Rich Miller        


15 Comments
  1. - oz - Monday, Jul 21, 14 @ 1:32 pm:

    Well sad day for you if you have an objection. The new rules were effective immediately on July 10, 2014. Then the ISP waits eleven days to make a full announcement with ALL the details.


  2. - wordslinger - Monday, Jul 21, 14 @ 1:35 pm:

    Who’s in charge here? Who thought it was acceptable to not tell citizens why they were denied? Or that 10 days was adequate?

    This strikes me as an area where the chief executive needs to take the bull by the horns and straighten things out. He might not like the law, but it is the law.


  3. - oz - Monday, Jul 21, 14 @ 1:35 pm:

    CORRECTION:

    Oh wait. I’m sorry. The new rules effective immediately on July 10, announced to the public on July 14 will not be fully published until July 25!!


  4. - facts are stubborn things - Monday, Jul 21, 14 @ 1:45 pm:

    We are suppose to be a “shall issue” state. If you meet certain conditions then the state shall issue. It is fine to run a name by local law informant to make sure their system does not have a disqualifying event that the state police system would not have, but the idea that the local police just might not be comfortable with a person because they suspect them of something is ludicrous. If you meet the objective requirements you should be issued your permit.


  5. - RonOglesby - Now in TX - Monday, Jul 21, 14 @ 1:47 pm:

    correct rules designed to head off the lawsuits.

    I know of one denied person that was objected to and finally won (after getting a lawyer and going direct to his sheriff who had guessed objected (because no one would tell him) and found out that it was a case of mistaken identity… Same (short) first name and a common last name. Of course prints dont match, soc sec. number didnt match, etc. But it took him being denied, getting a lawyer and proving that he WASNT someone.

    10 days is a joke. And more than likely they will say it is 10 days from when you are sent notification. I really want to see these final rules.


  6. - Demoralized - Monday, Jul 21, 14 @ 1:48 pm:

    @facts:

    The law allows for challenges and included a process to adjudicate those challenges. It’s not a simple matter of checking a record and then giving somebody a permit.


  7. - Brass - Monday, Jul 21, 14 @ 1:49 pm:

    It seems backwards. If you are denied, shouldn’t it be required to explain why without someone having to demand it?


  8. - Anonymous - Monday, Jul 21, 14 @ 2:03 pm:

    great job can`t wait for you to enforce medical marijuana too


  9. - VanillaMan - Monday, Jul 21, 14 @ 2:23 pm:

    This is a symptom of a government going out of business - if it was a business.


  10. - Reformed Public Servant - Monday, Jul 21, 14 @ 2:50 pm:

    Brilliant move…the rules moot the lawsuits, which will inevitably be refiled after this “revised” administrative procedure. The manuever simply bought time for two woefully understaffed offices, but both ISP and AG be better prepared next time.


  11. - walker - Monday, Jul 21, 14 @ 2:57 pm:

    Given 62000 plus CC permit approvals, more than likely these 200 baffling rejections are in fact problems with mistaken identity. There should be a clear process to ask for re-review and quickly find out if that’s the case.

    The new rules do go part way to solve the transparency problems of who and why for the applicant. It just needs a longer time frame for the applicant to respond.

    Most who are rejected by local law enforcement know full well the likely reason. That can be adjudicated. These 200 are likely the exceptions, and should be fixed quickly in a review process.

    Standing back a looking, this is going pretty well overall.


  12. - Todd - Monday, Jul 21, 14 @ 3:46 pm:

    The Review Board created a lot of this problem themselves. they read the statute in a conflicting way. How they could not provide any real information on why someone was denied is beyond me.

    And Dart using any excuse they can drum up to file an objection becuase they didn’t get their own permit process or may issue is just reason they should be on the hook for these types of appeals and the fees incurred.

    People alwasy want to know why gun guys oppose lots and lots of bills when people tell us, we only want to do this or this is so reasonable.

    welll here you have what should be a shall issue permit, with limited execptions for Law Enforcement to object, and we have a Board that can’t evenget the name of an individual to match up witht he criminal record despite having fingerprints that say HE IS NOT the guy being objected to.

    In this case the benefit of the doubt was given to the state to get it right and they blew it. not only that but you have at least two cop shops making a mockery of some of this.

    CPD actually filed an object that based in part on the guy having been cited for violating the registration ordiance about 10 years ago. an ordiance that no longer exists due to the supreme court, the 7th CA and our state preemtpion.

    And some of you wonder why gun guy oppose all these anti-gun bills or new regulations.


  13. - facts are stubborn things - Monday, Jul 21, 14 @ 9:02 pm:

    @ Demoralized - Monday, Jul 21, 14 @ 1:48 pm:

    = The law allows for challenges and included a process to adjudicate those challenges. It’s not a simple matter of checking a record and then giving somebody a permit.=

    Exactly my point, I believe it should be.


  14. - Mason born - Tuesday, Jul 22, 14 @ 7:48 am:

    What’s amazing to me with the way this is set up that mistaken identity can be an issue. This isn’t like a credit card application where forge a signature and steal a social and bob’s your uncle.


  15. - John Boch - Tuesday, Jul 22, 14 @ 8:53 am:

    Those suits have each been initiated at great expense by individuals who have no criminal records and few, if any arrests.

    It’s not cheap to hire a competent attorney to file a circuit court action to seek simple due process that should have been granted in the first place. Further, the law said if people object to the review board’s decision that they take it to the courts. And that’s where they are, at roughly $3k-7k in legal expenses later (and counting) - and the attorneys involved project those cases to take a year or two to resolve. All because the State wouldn’t give them the basic due process that the Constitution demands.

    For Lisa to now ask all of those cases to go back to the review board, I think she’s asking a lot more than she’s entitled to.

    I know of several folks who have one or more carry permits from states like Florida. They have no prior arrests or indicators of violence, but who do wish to exercise their right to carry a means to protect themselves outside of their homes. They have FOID cards and are law-abiding citizens. A few are even quite competent firearm instructors - including at least one or two formerly ISP-approved CCW instructors).

    In one case, the only objection was a temporary restraining order filed by the man’s wife to strengthen her negotiating position during a bitter child custody fight as part of divorce proceedings. The temporary OP was dismissed and his FOID card immediately restored two weeks later.

    Another case was a guy who got into a peeing match with Bloomington PD who have been especially objection happy. A FOIA request revealed the current chief advocated for an objection for another guy who injured some man he was fighting with in a bar twenty or thirty years ago. If that had been a criminal act, surely the applicant would have netted a felony conviction and lost the ability to have a FOID card. Instead, I suspect it was self-defense and here comes the Bloomington PD to the rescue to save us from a man who was simply defending himself.

    If Lisa Madigan wants to reduce the numbers of cases in the courts, she should seek out due process and a genuinely unbiased arbitration panel that offers the benefit of the doubt to applicants who have been objected to by local police.

    John


Sorry, comments for this post are now closed.


* SDems leak K-12 funding plan
* A look at the Chicago numbers
* Rauner looks to the South for inspiration
* *** UPDATED x1 - Rauner admin responds *** AFSCME local to hold "special strike assessment" meeting
* Question of the day
* Rauner's new favorite word
* A violence prevention program that seems to work?
* *** LIVE COVERAGE *** Rauner to hold press conference with mayors
* Today's quotable
* More money isn't everything
* Crain's: "By nearly every measure, the state is worse off since Rauner took office"
* More bad news
* This Is Illinois
* Duckworth case settled for fees, costs
* *** UPDATED x1 *** A good idea, just don't over-promise
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* Would a Google built phone really be a bad thing?
* iPhone 7 in space black, Galaxy Note 7 fingerprint scanner & more – Pocketnow Daily
* Google announces several new tools with the educator in mind
* Project Fi update officially brings US Cellular band support
* 600MHz reverse auction said to be nearing end
* Google CEO Sundar Pichai latest exec targeted by OurMine
* Project Bloks from Google is the tangible way for kids to learn to code

* 2016 Draft: Signing and bonus tracker
* Hit in 57 games, win $5.6 million
* Less than 3 days left to cast your All-Star vote
* Melky remains among Top 15 in AL OF voting
* Upcoming games to influence Sox decisions
* Hawkins on MLB Pipeline's Prospect Team of the Week
* Three quintessential moments from a weekend of baseball

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Illinois masters recipe for a whole lotta nothi.....
* Short-term budget fix for Illinois close, but n.....
* Short-term budget fix for state close - DeKalb .....
* Short-term budget fix for state close - Northwe.....
* Mayor Morrissey stands behind Governor's tempor.....
* Education funding remains sticking point on sta.....
* Education funding remains sticking point on sta.....


* Illinois medical marijuana director resigns
* Rauner: Democrats are agreed on partial-year budget plan
* Off-duty Cook County deputy sheriff shoots, injures 2
* Activists push for stricter laws in wake of Hastert case
* $2B in Illinois road projects threatened by stalemate
* Economic woes cause drop in number of Illinois boaters
* Rauner signs ID law making Illinois comply with federal law
* Illinois police sue town, claim body cameras record nonstop
* Study: Rotting trees caused mysterious holes in huge dunes
* 1 dead, 1 injured after boats crash on Rock River

* Rauner says agreement near on stopgap budget, but not school funding
* Senate Democrats to propose $750M education funding increase
* Rauner says no bailout for Chicago schools as part of budget agreement
* Illinois women hit hard by state budget impasse
* Stalemate threatens $2B in road projects
* Economic woes cause drop in number of boaters
* Chicago school money seen as potential deal-killer
* Chicago school money seen as potential state budget deal-killer
* Survey: Nearly 1 million human service clients affected by budget impasse
* Illinois lawmakers to reconvene Wednesday as budget deadline nears

* Springfield Dems set to try again to help CPS
* Northwest Indiana casinos generated $1.4 billion for local governments
* New group hopes to counter Friends of the Parks after Lucas fiasco
* Lawyers benefit from Brexit, while recruiters hurt
* Brexit billables: Good for lawyers, bad for headhunters


* Georgia Nicols horoscopes for June 28, 2016
* Dear Abby: Beau won’t stand up to his bigoted mother
* Man wounded in Austin shooting
* One shot in North Lawndale
* CPD changing overtime policy, to start patrolling expressways
* Bryant hits 3 HRs, 2 doubles on record-setting night in Cubs’ win
* White Sox feeling better about themselves after strong week
* Boy, 14, shot in Austin
* Missing Beach Park man in need of medication
* Sweet: E-mails shed more light on Clinton donor named to board


* Cubs' Jake Arrieta maintains his control problems are 'fixable'
* Kris Bryant vows to keep wearing torn pants after record-setting night
* Cubs' Kris Bryant first in MLB history to hit 3 home runs, 2 doubles in game
* It's never too late for Turkish president to say 'sorry'
* Joe Maddon on Kris Bryant's record-setting game
* 3 dead, 7 injured in shootings on South, West sides
* Texas mom killed by police after she shot two daughters to death, police say
* Man fatally struck by train in northwest Indiana
* Cubs 11, Reds 8
* Monday's recap: Cubs 11, Reds 8


* Kathleen Parker: Brexit, meet Trexit
* Their View: Rauner should sign life insurance bill
* Rauner says agreement near on stopgap budget, but not school funding
* Senate Democrats to propose $750M education funding increase
* Rauner says no bailout for Chicago schools as part of budget agreement
* David M. Gerlach: College students are collateral damage in Illinois politics
* Illinois women hit hard by state budget impasse
* Stalemate threatens $2B in road projects
* Economic woes cause drop in number of boaters
* Chicago school money seen as potential deal-killer


* Uni High's Rajic falls short in Trials
* Rantoul's Williams brothers ready to break out
* 5 area boys' hoops teams' holiday outlook
* PODCAST: Little League - Wampler v IL American Water 06-27-16
* Short-handed council backs more Tasers in Urbana
* PODCAST: Little League - Kuhn's v Campus Sportswear 6-27-16
* UI hoops recruit glance: Jeremiah Tilmon
* Champaign man sentenced to 17 years for strangling woman
* Search for new city manager for Pekin is underway
* Farmland owners sue wind farm company


* Historic night for Bryant lifts Arrieta to 12th win
* DuPage forest preserve to decide fate of several buildings
* Victim of reported highway shooting is 17, police say
* Cougars hang on for 3-2 win over persistent bees
* Oakland City Council bans coal

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Illinois to get $17 million for HIV assist......

* Mutiny Ahead for Trump Train as Republican......
* Kirk Pushes for Gun Control in New Op-Ed -......

* Maryville Clears Finance Committee, Final Council Vote Could Happen Wednesday
* Uptown PlayStreet Summer Schedule
* If Trump wins, it’s our own fault
* U.S. House GOP leadership rolls out tax reform plan
* Democrat Party Platform Calls For Prosecuting Global Warming Skeptics
* New York limits opioid prescriptions to 7 days
* Thomas More Society: Supreme Court views vital protection as "unnecessary"
* Conservative member of British Parliament celebrates #BREXIT
* Governor, Local Mayors Urge Passage of Stopgap Budget and Education Funding
* Saddle & Cycle Club Fireworks Show To Take Place On July 4th


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller