Skip to comments.Prominent Second Amendment attorney foresees ‘shall issue’ carry in Illinois
Posted on 12/14/2012 4:38:12 AM PST by marktwain
A law being crafted by the Illinois state legislature in Springfield to comply with Tuesdays order from the Seventh Circuit Court of Appeals will result in a shall issue gun carrying permit, one of the foremost scholars, law professors, authors and attorneys on Second Amendment issues believes. David B. Kopel, who was cited in both the majority and dissenting opinions in Moore vs. Madigan, shared that opinion with Gun Rights Examiner this morning in response to an inquiry about the type of permitting gun owners can expect.
Illinois is the only state that currently provides no options for bearing arms outside the home, which the court declared unconstitutional, giving the state 180 days to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.
"It was a win for both the Bellevue-based Second Amendment Foundation and the National Rifle Association, which brought separate cases in Illinois seeking to require the state to adopt some form of carry legislation," Seattle Gun Rights Examiner Dave Workman informed his readers Tuesday. "SAFs case, known as Moore v. Madigan, was filed first. The NRAs case, Shepard v. Madigan, came later. Oral arguments for both cases were consolidated, but the cases remained otherwise separate."
Yesterday, Gun Rights Examiner expressed concerns about the law now being drafted to comply with the court order, specifically over whether or not it ends up being "may issue," meaning permits can be denied unless a special need can be proven, instead of "shall issue," meaning permits must be issued to non-prohibited persons meeting standards applicable to all.
(Excerpt) Read more at examiner.com ...
What in the world are "reasonable limitations?" Either it's a right or it isn't. A right subject to limitations isn't a right, but a privilege. I guess it's a step in the right direction though,
What in the world are “reasonable limitations?”
Reasonable limitations would be:
You can be disarmed the same places police officers are required to be disarmed.
“Reasonable limitations would be:
You can be disarmed the same places police officers are required to be disarmed.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.