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Second Amendment Foundation Appeals Dismissal Of Moore V. Madigan Carry Case(IL)
Ammoland ^ | 6 February, 2012 | SAF

Posted on 02/07/2012 8:06:58 AM PST by marktwain

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation immediately filed an appeal following dismissal of its challenge to Illinois statutes that prohibit the carrying of loaded firearms outside the home for personal protection in the case of Moore v. Madigan.

The case is named for individual plaintiff Michael Moore, and defendant Lisa Madigan in her capacity as Illinois Attorney General. Joining Moore and SAF in the case are Illinois Carry, and three other private citizens, Charles Hooks, Peggy Fechter and Jon Maier.

The complaint was dismissed by Federal District Judge Sue E. Meyerscough, an Obama administration appointee who formerly served on the Illinois State Appellate Court.

In her ruling, Judge Meyerscough stated, “This Court finds that the Illinois Unlawful Use of Weapons’ and Aggravated Unlawful Use of a Weapon’ statutes do not violate Plaintiffs’ Second Amendment rights. The United States Supreme Court and the Seventh Circuit have recognized only a Second Amendment core individual right to bear arms inside the home. Further, even if this Court recognized a Second Amendment right to bear arms outside of the home and an interference with that right, the statutes nonetheless survive constitutional scrutiny.”

In response, SAF founder and Executive Vice President Alan M. Gottlieb suggested the judge’s ruling defies common sense.

“We look forward to winning this important case on appeal even if it means going back to the United States Supreme Court for a third time,” Gottlieb stated. “The Second Amendment does not say, the right to keep and bear arms shall not be infringed except outside your home or that it only applies inside your house. We don’t check our constitutional rights at the front door.”

Judge Myerscough denied SAF and its co-plaintiffs a preliminary injunction against two laws in Illinois that make it a crime to carry loaded firearms outside the home for personal protection. Instead, she supported the state’s motion to dismiss the case.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: banglist; constitution; court; il
I believe that Alan Gura is managing this case.
1 posted on 02/07/2012 8:07:06 AM PST by marktwain
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To: marktwain
Meyerscough ~ is quite colorful. Just reading through the stuff she's been involved in makes me want to go la la la la la.

Oh, yeah.

BTW, she's making her decision on behalf of her political cronies ~ otherwise she takes advantage of the US Marshall Service to use guns to protect her so we know she believes in guns.

if she really believed the non sense she pushed out there in her decision she'd dismiss the Marshalls from her courtroom and go bareback.

2 posted on 02/07/2012 8:14:55 AM PST by muawiyah
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To: marktwain
Imagine a ruling: "This Court finds that the Illinois 'Unlawful Use of Political Speech’ and 'Aggravated Unlawful Political Commentary’ statutes do not violate Plaintiffs’ First Amendment rights. The United States Supreme Court and the Seventh Circuit have recognized only a First Amendment core individual right to free speech inside the home. Further, even if this Court recognized a First Amendment right to free speech outside of the home and an interference with that right, the statutes nonetheless survive constitutional scrutiny.”

This judge cannot be misreading the Constitution that egregiously by accident. She knows her decisions are unconstitutional, but she seems not to care. The rule of law does not matter to her, not compared to getting what she wants. It appears that the other side believes grabbing power now is worth risking civil war. I hope we can stop them without resorting to that final option.

3 posted on 02/07/2012 9:04:03 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: marktwain

” An Obama appointee.”

That pretty much says it all, no further explanation needed.

.


4 posted on 02/07/2012 9:22:26 AM PST by flatfish
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To: marktwain

Aren’t legal fees doubled in civil rights cases?


5 posted on 02/07/2012 9:26:56 AM PST by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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