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Prominent Second Amendment attorney foresees ‘shall issue’ carry in Illinois
Gun Rights Examiner ^ | 13 December, 2012 | David Codrea

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 Tuesday’s 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. "SAF’s case, known as Moore v. Madigan, was filed first. The NRA’s 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 ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Illinois
KEYWORDS: banglist; ccw; il; kopel
A majority of both houses already voted for a "shall issue" bill, but did not meet the supermajority required to override the veto power of Chicago that the old Daley machine had built into Illinois politics decades ago.
1 posted on 12/14/2012 4:38:17 AM PST by marktwain
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To: marktwain
will impose reasonable limitations

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,

2 posted on 12/14/2012 5:34:35 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga; All

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.


3 posted on 12/14/2012 5:40:35 AM PST by marktwain
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To: marktwain

“Reasonable limitations would be:

You can be disarmed the same places police officers are required to be disarmed.”

WELL SAID!


4 posted on 12/14/2012 5:48:43 AM PST by RKV (He who has the guns makes the rules)
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To: marktwain
You can be disarmed the same places police officers are required to be disarmed.

Good one!

5 posted on 12/14/2012 6:16:58 AM PST by from occupied ga (Your government is your most dangerous enemy)
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