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*** UPDATED x1 *** NRA files federal lawsuit over new gun ban law

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Press release…

The National Rifle Association (NRA) and other pro-Second Amendment organizations filed a lawsuit today challenging the Illinois law signed by Gov. J.B. Pritzker that bans commonly owned firearms and magazines.

“The Supreme Court already ruled that the Second Amendment protects the right to keep arms that are commonly used by the people,” said John Weber, NRA Illinois state director. “Gov. Pritzker’s decision to ignore the court and sign this bill demonstrates a blatant disregard for the rule of law and a willful ignorance of the nightmare he and his anti-gun allies in the statehouse have created with their soft-on-crime policies.”

Originally known as House Bill 5471, the law bans many semi-automatic firearms that law-abiding citizens commonly own for self-defense, competition, and recreation. It also bans certain spare parts for those firearms, handgun magazines that can hold more than 15 rounds of ammunition, long gun magazines that can hold more than 10 rounds of ammunition, and a “combination[s] of parts” from which such magazines can be assembled. Additionally, the bill also expands the duration of “red flag” law restraining orders from six to 12 months.

“Instead of arresting, prosecuting, and punishing the criminals who break the law, Gov. Pritzker is focusing his attention on those who haven’t broken any laws. The people of Illinois deserve better,” Weber concluded.

That’s definitely one to watch.

*** UPDATE *** Another one…

Members of the Illinois Gun Rights Alliance (ILGRA) today filed a federal lawsuit challenging the recently adopted Protect Illinois Communities Act, alleging it to be an infringement on the constitutionally protected activity of Illinois sportsmen, firearms retailers, distributors, and manufacturers, and lawful users of firearms. Defendants are Governor Pritzker, Attorney General of Illinois Kwame Rauol, and Brendan F. Kelly, Director of the Illinois State Police.

Named plaintiffs in this action are:

    • Federal Firearms Licensees of Illinois, Inc – the FFL Dealers’ Association
    • Guns Save Life – an Illinois-based, grass-roots gun rights organization
    • Gun Owners of America - a national grass-roots gun rights organization
    • Three private citizens
    • One local dealer

“We are, or represent, members and supporters who are law-abiding Illinois residents who seek to purchase, sell, and protect themselves, and/or their homes and families with firearms owned and in common use by millions of Americans for self-defense,” the complaint begins.

“We began with the so-called ‘Assault Weapon’ ban,” said Mandi Sano, FFL-IL Spokesman. “As the Governor and General Assembly gleefully strip law-abiding Illinois retailers and gun-owners of their gun rights, property rights, and privacy, we will not stand by. We will act.”

“Our group has said all along that we will not help the State craft a ‘better bill,’ we will not provide subject matter expertise, and that if the State wishes to read our opinions, it may do so in the complaint,” added FFL-IL President Dan Eldridge.

John Boch, Executive Director of Guns Save Life, Inc. holds that, “the so-called Protect Illinois Communities Act does nothing to actually protect Illinois communities. Its only effect is to criminalize law-abiding gun owners. The General Assembly should instead be holding criminals accountable for violent crimes.”

The measure remains broadly unpopular, sparking a surge in purchases before the Act’s effective date and drawing the opposition of more than 80 of the State’s 102 Sheriffs.

“The Supreme Court has reset the table by striking down New York’s concealed carry ‘may-issue’ law and along with it magazine limits in California and New Jersey, and Maryland’s ’assault weapon’ ban. We seek immediate state-wide relief from enforcement of this unconstitutional law and look forward to prevailing in the Federal Court.” concluded Ms. Sano.

Click here for the suit.

  35 Comments      


Afternoon roundup

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Press release…

Illinois Secretary of State Alexi Giannoulias announced a settlement agreement today with online used-car retailer Carvana, which admitted to violating Illinois law and agreed to abide by new restrictions aimed at protecting consumers. Illinois was the first state in the nation to suspend Carvana’s license in May 2022.

“The admission by Carvana demonstrates what we knew all along: that Carvana was violating the law in a manner that was harmful to Illinois consumers,” Giannoulias said. “Under my administration, I will do everything to ensure that proper safeguards are in place that protect Illinois consumers regardless of how they purchase a vehicle.”

Click here to watch a video statement from Secretary Giannoulias.

Illinois began investigating Carvana’s practices in February 2022 after customers alleged it was issuing out-of-state temporary registration permits and for failing to transfer titles in a timely manner as required by the state’s vehicle code.

The agreement also calls for Carvana to: adhere to Illinois law in the future; surrender its $250,000 bond; and allow for pre- and post-licensing Secretary of State Police inspections to ensure it remains in compliance. Most important, the settlement agreement allows the Illinois Secretary of State to summarily suspend and revoke Carvana’s dealership license once again if it fails to comply with either the agreement or the laws.

Secretary Giannoulias emphasized that Carvana’s actions of putting unregistered license plates on vehicles jeopardized Illinois consumers who were at risk of being ticketed by law enforcement for driving without proper title and registration.

Prior to the settlement agreement, Carvana was allowed to sell cars, but only under strict guidelines set forth by a Temporary Restraining Order (TRO) granted by a DuPage County judge. Under these guidelines, Carvana was not allowed to issue temporary registration permits or license plates, but was required to register titles through Illinois remitters, which are third-party entities licensed in Illinois to process title transactions. This ensured titles would be processed expeditiously.

…Adding… From Carvana…

Carvana, a pioneer in the automotive industry, will continue selling and buying vehicles using the Company’s innovative e-commerce platform as well as its iconic car vending machine located in Oak Brook, Illinois under an agreement reached today with the Illinois Secretary of State.
Upon reaching this agreement, the Company issued the following statement:

“For the past eight years, we have been an economic engine in the state by providing Illinoisans with an unmatched e-commerce experience that includes great selection, home delivery and a 7-day money back guarantee and today’s agreement with the Secretary of State allows us to move forward in our journey to becoming the largest automotive retailer,” said Alan Hoffman, Carvana Head of Corporate Affairs. “We look forward to working with Secretary Giannoulias to ensure customers continue having access to the best car buying and selling experience possible.”

* Chicago Tribune editorial headline from 2016

Say ‘no’ to more Chicago business mandates, including paid sick time

Chicago Tribune editorial headline from today

A week’s paid leave? What took Illinois so long?

* Press release…

Gov. JB Pritzker and the Illinois Department of Transportation (IDOT) today announced that $113.8 million has been awarded to downstate transit providers as part of the historic, bipartisan Rebuild Illinois capital program. The funding brings the total investment in downstate transit via competitive grants to $337.8 million, supporting the Governor’s mission to create economic opportunity by improving all modes of transportation while boosting safety and efficiency. […]

Today’s announcement, made in Decatur to celebrate three awards that will help expand the city’s transit campus, install solar panels on a bus barn, and replace older vehicles with hybrids, represents the third round of competitive grants in Rebuild Illinois funding to invest in transit outside the Chicago area. Awards are supporting projects that include the purchase of new vehicles as well as the construction of bus shelters, plus stations and maintenance facilities that expand and improve service. The projects provide more transportation options in downstate communities and promote an enhanced quality of life. […]

A total of 32 transit systems are receiving $113.8 million to advance 44 projects, including:

    • St. Clair County Transit District, $10.8 million for the electrification of transit vehicles with supporting charging stations.
    • Champaign–Urbana Mass Transit District, $7.2 million for hybrid bus replacement.
    • Rock Island County Metropolitan Mass Transit District (MetroLINK), $6 million to replace six buses with zero emission buses.
    • Sangamon Mass Transit District, $6.9 million for a secondary transfer center.
    • Coles County, $70,000 for new bus passenger shelters.
    • City of Macomb and McDonough County Public Transportation, $2 million for new buses.

* Something that’s been noted by many since last year’s campaign is the number of junk polls, mainly GOP in origin, flooding the discourse and skewing the average to make a “Red Wave” look much bigger than it turned out to be. As a result, some money shifted away from competitive races to shore up what had been presumed to be comfortable Democratic incumbents. An argument can be made that this may have cost Wisconsin Democrats a Senate seat, among others. And, right here in Illinois, junk polls were used to try to stir up money for and news media interest in Republican candidates who wound up being clobbered. Is this happening again in the city’s mayor’s race?

Here’s a Paul Vallas campaign press release. The first poll is from a GOP pollster and the second is not verifiable…

According to an independent poll by M3 Strategies, mayoral candidate Paul Vallas is now leading the field in the race for Chicago Mayor with 26% of the vote. Vallas is followed by Rep. Jesus “Chuy” Garcia and Cook County Commissioner Brandon Johnson, with Mayor Lori Lightfoot in fourth and businessman Willie Wilson in fifth place among the nine candidate field.

“These polling results prove what our campaign already knew — that Paul Vallas is surging and establishing himself as a frontrunner in the race for Mayor,” said Vallas campaign chief strategist Joe Trippi. “Paul’s message of putting crime and Chicago’s safety first is clearly resonating with the voters and our campaign has the financial resources and support necessary to continue driving that message home over the next six weeks.”

The results of the poll are consistent with another that was reportedly done on behalf of the SEIU Healthcare union, which also shows Vallas in the lead with 32% of the vote.

Yeah, about that second “poll”…

SEIU Healthcare Illinois issued the following response to coverage by NBC 5 concerning a poll attributed to SEIU Healthcare:

NBC 5 recently reported on a poll “conducted by Celinda Lake with SEIU Healthcare” stating that NBC had reached out to SEIU Healthcare concerning the poll but had “not yet heard back” from us.

This is not our poll. Our only knowledge of this poll has come from media sources. We are not currently working with Celinda Lake on any polling projects.

We communicated this information to NBC 5’s Mary Ann Ahern on Sunday evening.

And yet the Vallas campaign still flung it out there.

* Mayoral candidate Brandon Johnson’s website

Audit Lightfoot’s Inefficient Spending to Save Half a Billion

Ah, yes, the ol’ waste, fraud and abuse approach.

More magic

Stop Raising Property Taxes

…Adding… Has anyone told him he lost?


Enough with this nonsense! The Republican Party wants to distract from their failures by blaming the candidates that…

Posted by Darren Bailey on Tuesday, January 24, 2023

* Isabel’s roundup…

  23 Comments      


Rate Chuy Garcia’s first TV ad

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Here you go

I’m told there’s about $350K behind this spot now with more to come.

* Script…

This has always been home. But like many Chicago neighborhoods, too many nights we hear gunshots and face the reality of rising crime.

I’m Chuy García, and enough is enough. It’s time to get back to a safer Chicago now by getting more cops on our streets and illegal guns off of them.

Expanding community based violence prevention programs and tackling the root causes of crime by investing in left behind neighborhoods.

Because getting back to a safer Chicago can’t wait.

  32 Comments      


Pritzker says he intends to reappoint Marc Smith as DCFS Director

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Gov. Pritzker was asked today why he hadn’t yet reappointed DCFS Director Marc Smith to a new term

Q: Yesterday, your office announced a bunch of appointments to state agencies, reappointments. Obviously, last week,there was a lawsuit filed against DCFS, a class action lawsuit in Chicago. Do you intend on keeping Marc Smith the director of DCFS?

Pritzker: We haven’t made all of the announcements, as you know. We have I think 25 or 26 agencies that we need to announce the appointments or reappointments for and so he’ll be in a subsequent batch of those announcements.

Q: So you do intend to reappoint him?

Pritzker: Yes.

  24 Comments      


Because… Madigan!

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Background is here if you need it. CBS 2

Last week, sources confirmed in several reports that García is the unnamed congressman in the federal ComEd corruption case. Specifically, his name came up in connection with what federal prosecutors allege was a scheme by Madigan to get former Cook County Commissioner Juan Ochoa appointed to the ComEd board.

In connection with? C’mon.

* Sun-Times

The Chicago Sun-Times has learned Garcia’s name is mentioned in a recorded phone conversation between Madigan and his longtime confidant, Michael McClain, one of four people set to go on trial for the alleged scheme revolving around ComEd.

* ABC 7

The mayor also took swipes at Garcia after sources told ABC7 that Garcia was the unnamed member of Congress that was mentioned in court papers released last week in the Madigan corruption case.

* Greg Hinz is a voice of reason on this one

The disclosure, which even the Tribune said only “superficially” involved Garcia, is that Garcia is the unnamed “member of Congress” referenced in a recent federal filing in the pending corruption case against Madigan associate Mike McClain and others. Garcia’s name got mentioned by McClain in connection with a planned meeting in early 2019 on another matter. But McClain feared that a third person, former Metropolitan Pier & Exposition Authority chief Juan Ochoa, might ask about the status of Madigan’s effort to coerce ComEd into putting Ochoa on its board.

In fact, I’m told the meeting never occurred. I’ve seen no proof Garcia did anything to advance the Ochoa appointment, just as his campaign told the Tribune. As per previous reports by the Tribune and Crain’s, it was another former congressman, Luis Gutierrez, who, starting in 2017, really got Madigan involved in the board matter, along with former Mayor Rahm Emanuel.

The other matter was a political action campaign that Garcia and Ochoa were putting together. As Greg said, the meeting never happened. And I don’t think the PAC ever even came to fruition. [Actually, it did. Click here.]

* Some reporters may be going over the top here in order to mete out a bit of “street justice” on Chuy after failing to connect some dots earlier. Garcia years ago cut a strategic deal with Madigan. Garcia had free rein to run Latino candidates against any “regular” Democrats he wanted and Madigan wouldn’t make any major moves against his candidates, as long as Garcia steered clear of the 13th Ward and the 22nd House District.

This is from February of 2018

A 28-year-old woman unsatisfied with the way in which House Speaker Michael Madigan handled her accusations of sexual harassment against a top aide is taking her complaint to the Equal Employment Opportunity Commission.

“I firmly believe they thought that I was too loyal to ever come forward,” Alaina Hampton said Tuesday of Madigan and his allies.

Just two months later

Jesus “Chuy” Garcia, the one-time machine-fighting rebel who three years ago challenged Mayor Rahm Emanuel for re-election, but now is moving to Congress—assuming he defeats a Republican in November—endorsed state House Speaker Mike Madigan today for a new term as chairman of the Illinois Democratic Party.

“As a progressive Democrat, it is my intention to support a state party chair who will work with me to advance our most fundamental goals,” Garcia said in a statement

* There’s also the schadenfreude angle. One of Garcia’s top guys worked to defeat state Rep. Mike Zalewski in the Democratic primary last year in part by bashing Z’s connections to Madigan. But now, the Madigan spin is going the other way.

  22 Comments      


Today’s number: $511,200

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* If you go to attorney Tom DeVore’s website, you’ll see a link to sign up to be a plaintiff in his second lawsuit against the state’s assault weapons ban. Registration is now closed.

But if you use the WayBack Machine, you’ll see that signing up to be a plaintiff required forking over a $200 flat fee.

* Devore’s first lawsuit, filed in Effingham County, has 866 plaintiffs. The second lawsuit, filed in White County, has 1,690 plaintiffs.

This adds up to 2,556 plaintiffs - so far. At $200 a pop, that would be $511,200. He’s also taking donations.

All for filing copy and paste lawsuits over legislative procedural matters that were long ago settled by the Illinois Supreme Court and don’t look to be altered anytime soon, particularly with the new 5-2 Democratic dominance.

Nice work if you can get it.

  55 Comments      


More heat on DuPage County sheriff

Tuesday, Jan 24, 2023 - Posted by Rich Miller

* Tribune

Some area Democratic members of Congress, state lawmakers and DuPage County Board members gathered Monday to call on DuPage County Sheriff James Mendrick to retract his statement or resign after he said he will not enforce the state’s new assault weapons ban.

Mendrick, a Republican, issued a statement Jan. 13, saying he believes the new bill violates Second Amendment rights and that his office won’t be checking to ensure that lawful gun owners register their weapons with the state nor arresting or housing anyone charged solely with not complying with the act. […]

Lawmakers, including U.S. Reps. Sean Casten, D-Downers Grove; Delia Ramirez, D-Chicago; Bill Foster, D-Naperville; and Raja Krishnamoorthi, D-Schaumburg, spoke at Monday’s news conference at Danada House in Wheaton, calling Mendrick’s statement irresponsible.

“I just want to say with one voice, we cannot wait another day, we cannot wait another hour, we cannot wait another minute for the sheriff to do his duty because lives depend on it,” Krishnamoorthi said.

The sheriff did not say what he would do about individuals and/or stores if they sell the newly banned assault-style weapons within his county.

* CBS 2

In a news conference on Monday, Casten called Mendrick’s position “dangerous and unconstitutional.”

“His actions are going to make future mass shootings more likely,” Casten said. “They are going to compromise the safety not only of civilians who want to go out and celebrate their holidays, but he’s going to put the police officers who are there to protect them directly in the line of fire.”

DuPage County Board Chair Deb Conroy also has criticized Mendrick’s position, saying the sheriff “should not be playing politics with state laws.”

In a lengthy statement released on Monday, Mendrick again criticized the new law as “poorly written” and for having “no clear direction on who will be enforcing new gun laws.” He said he was contacted by Casten on Jan. 16 about enforcing the law.

“There is absolutely nothing that we are doing or not doing that would make a mass shooting more accessible in DuPage County,” Mendrick said in the statement. “In fact, I have asked on multiple occasions to increase penalties on all existing gun crimes, but it does not appear that they want to have that conversation. They seem more concerned with lawful gun owners than people illegally possessing guns.”

* NBC 5

In a statement released Monday afternoon, Mendrick struck back at the lawmakers saying, “When elected officials are blatantly untruthful, maybe they are the ones who should consider resignation.”

“There is absolutely nothing that we are doing or not doing that would make a mass shooting more accessible in DuPage County,” he added. […]

All but a handful of Illinois’ county sheriffs have said they won’t enforce the ban. Many of them did so by posting letters almost identical to Mendrick’s.

Cook County Sheriff Tom Dart said he is not one of them. Speaking at the City Club Monday Morning, Dart said sheriffs take and oath to uphold the law, “not our version of it.” He said it is “wildly premature” to make such pronouncements when the Illinois State Police have not given any clear guidance on how the law will be enforced.

* Sun-Times

Mendrick, who previously suggested he believed compliance checks would be tied to the law, also took note that lawmakers on Monday said they would not be asking officers to go door to door to ensure weapons were legally registered.

“That is a big win for our law-abiding citizens and for law enforcement,” he said.

In clarifying that house-to-house inspections were not expected, state Rep. Anne Stava-Murray, a Naperville Democrat, said the weapons ban would come into play if the person was involved with another crime. Using an example of a domestic violence call where guns are involved, Stava-Murray questioned if Mendrick would follow the new law.

“Is he going to enforce our automatic weapons ban if that’s an unregistered weapon?” Stava-Murray said. “He said no, he’s not going to. That seems very dangerous.”

In his statement Monday, Mendrick, a Republican, said it was “disheartening” to hear Stava-Murray suggest he would not enforce the law when he has said he would enforce the weapons ban when it involves other illegal activity.

Again, no word on whether he’ll enforce the new law on people who buy and sell the banned weapons.

* KSDK

Casten challenged critics to lay out their constitutional arguments.

“By the way, your argument can’t be, ‘Well, there’s different people on the Supreme Court now.’ That’s not a constitutional argument,” he said.

Former State Senator Darren Bailey, the GOP nominee who lost his November bid to unseat Governor Pritzker, was among the downstate Republicans who filed a lawsuit in Effingham last week.

“Well, umm…I think…I don’t know that the FOID card has…the background checks…You know, with the federal background checks, I think we all agree,” he stammered [when asked why he believed the law was unconstitutional]. “I don’t think we have… yeah, we can look at that. There’s an…there’s an area of compromise. You know?

“We can say, alright, ‘Shall not be infringed,’ but yet we understand that sometimes these guns fall into the hands of the wrong person. So we have the federal, you know, firearm background check. That’s exactly what it does, and I don’t see anyone arguing that. But to come here into Illinois and to add the FOID card, and to continue to add these restrictions, that’s an infringement,” Bailey said.

* Daily Herald

During a nearly hourlong interview over the weekend on AM-560’s “Black and Right” radio program, Mendrick was critical of the weapons ban, claiming sheriffs were not consulted in drafting the new law.

From that radio interview

Sheriff Mendrick: And you know, what’s going to happen when we send this three-man team to a citizen’s house and they’ve never committed any crime, but they really don’t want to give up their weapons and we get into some type of standoff, and then somebody gets shot or all these people are gonna back me then?

Host: No

Sheriff Mendrick: And I bet they’ll go and say I should’ve never been doin’…

Host: Especially if it’s a Black person.

Sheriff Mendrick: [Crosstalk] Yep.

Host: A white sheriff a black dude, they will…

Sheriff Mendrick: I’d be eaten alive.

Whew.

Also, if the sheriff thinks assault weapon owners are that mentally disordered that they would shoot at police, why is he defending them?

More from the interview

And wouldn’t it stand to reason that we would maybe increase the penalties for these 3-D-printed ghost guns? We could actually, if they would make that like child pornography make it illegal to possess a program. My digital forensics lab could do a keyword search algorithm and we could find all the illegally being made guns on the program. Nobody will enhance penalties, though. Nobody will increase crimes that could be charged with.

Wednesday, May 18, 2022

Governor JB Pritzker signed HB4383 into law, banning the sale and possession of so-called ‘ghost guns’ statewide. ‘Ghost guns’ refer to unserialized, privately made firearms that are often sold as a set of parts to be assembled at home, allowing prohibited purchasers to circumvent background checks. Ghost guns cannot be traced by conventional means and can be created on a 3-D printer, leaving no record of their ownership.

  40 Comments      


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Tuesday, Jan 24, 2023 - Posted by Rich Miller

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Isabel’s morning briefing

Tuesday, Jan 24, 2023 - Posted by Isabel Miller

* Here’s your morning roundup…

  16 Comments      


Open thread

Tuesday, Jan 24, 2023 - Posted by Isabel Miller

* The Senate will convene at 3 pm today. What’s going on in your part of Illinois?

  9 Comments      


Live coverage

Tuesday, Jan 24, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive


  Comment      


« NEWER POSTS PREVIOUS POSTS »
* Today's number: 19
* Afternoon roundup
* AG Raoul files SAFE-T Act appeal with Illinois Supreme Court
* How domestic violence is often a precursor to other violent crimes
* Bears unveil subsidy bill
* DeVore loses bizarro election case in Normal
* Not too hard to predict how this judge is gonna rule
* Pritzker leans into College Board fight with DeSantis: "Black history is American History"
* *** UPDATED x1 *** Pritzker endorses candidates in nearly two dozen Chicago aldermanic races
* Isabel’s morning roundup
* Open thread
* Live coverage
* Yesterday's stories

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