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7th Circuit tosses Illinois concealed carry ban

7th Circuit tosses Illinois concealed carry ban

From Anne Leary of Backyard Conservative comes news of a major 7th Circuit ruling, as explained at the Chicago Sun-Times:

 In a huge win for gun-rights groups, a federal appeals court in Chicago Tuesday tossed the state’s ban on carrying concealed weaponsand gave Illinois’ Legislature 180 days to craft a law legalizing concealed carry.

“The debate is over. We won. And there will be a statewide carry law in 2013,” said Todd Vandermyde, a lobbyist for the National Rifle Association.

In a split opinion (see below), the 7th Circuit Court of Appeals reversed a lower court ruling in two cases downstate that upheld the state’s longstanding prohibition against carrying concealed weapons.

Illinois is the only state with an outright prohibition on concealed carry.

“We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home,” Judge Richard Posner wrote in the court’s majority opinion.

“The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense,” he continued.

“Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden,” Posner wrote.

The opinion is here.

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Comments

No the Chicago Way will step in and bureaucratize it to death. It’s going to be another lawsuit or several before this is over.

    Sadly you are probably right, but the ruling set a fairly high bar with:

    “Illinois had to provide …. a rational basis for believing … its … ban is justified by an increase in public safety.

    Most of the research still points the other way, so this will take more than head scratching and pontifications. They may not be capable of more than that.

    serfer1962 in reply to punfundit. | December 11, 2012 at 6:58 pm

    They will do it the Hawaiian way…legalize CC then issue NO permits

      My guess is that if somebody decided to challenge Hawaii on the Concealed Carry Permit and was denied, you could get a Federal Judge to ORDER Hawaii to issue one. Just need somebody with deep enough pockets to fund the litigation involved.

      Using Heller and McDonald, it shouldn’t be too difficult: Apply, Denial, Suit claiming “arbitrary and capricious” denial of the Permit, show that no permits have been issued, and the “de facto” denial of a Constitutional right to self-protection.

        serfer1962 in reply to Chuck Skinner. | December 11, 2012 at 10:29 pm

        Chuck all hawaiian judges are Kommiecrat extremists. Appeal goes to the 9th Circus court. Of the Supremes doing anything is what Zero? or less

The Heller and McDonald decisions are the gift that just keeps on giving.

Hey, Illinois Legislators! If you’d like, we’ve got some great language that you could use to amend your “State” Constitution that would guarantee every citizen the right to bear arms in the protection of themselves and the State, and some great language for a “Concealed Carry” statute in order to let your citizens exercise their US Constitutional rights.

Please contact the Michigan Coalition for Responsible Gun Owners. They’ll be quite happy to help you comply with the 7th Circuit’s ORDER.

Ok,so it’s legal to carry in Illinois now. The legislature will write a law making it as difficult and expensive as possible to get the permit. Corruption in Illinois state politics will find a way to game the decision to their benefit, not citizens of Illinois.

    Anchovy in reply to jasond. | December 11, 2012 at 4:27 pm

    Just like in California. I have carry permits from both Washington state and Arizona, but it would be darn near impossible to get a permit for California. So when I travel between my Washington home and my Arizona home, I must either avoid California (and Oregon) or go via Utah or give up my right of self defense in those two states no matter what the Supreme Court says.

Illinois should secede from Chicago.

Close tag?

[/i] Not that obeying the law is something Chicago has ever been good at.

Illinois should secede from Chicago.

I would prefer that Chicago secede from Illinois.

Well it looks like Don Trotter was just exercising his 2A rights after all!!!!

TrooperJohnSmith | December 12, 2012 at 12:48 pm

In Texas, the Castle Doctrine extends to your vehicle. Jack my car or try to hurt me, and you’ll pay for it, just like I was at home.

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