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Pat Gauen: Illinois concealed carry ruling rooted in violent attack ^ | 13 December, 2012 | Pat Gauen

Posted on 12/14/2012 6:14:56 AM PST by marktwain

Mary Shepard had concealed carry permits from two states — but no gun — when a robber broke into the First Baptist Church in Anna, Ill., south of Carbondale, one September afternoon in 2009.

He beat Shepard, the 69-year-old congregation secretary-treasurer, and another woman nearly to death.

The attacker went to prison. Shepard, joined by the Illinois State Rifle Association, went to court.

U.S. District Judge William D. Stiehl, based in East St. Louis, rejected her attempt to nullify the Illinois law against carrying guns, finding that “bearing of a firearm outside the home is not a core right protected by the Second Amendment.” Michael Moore, superintendent of the Champaign County Jail and lead plaintiff in a similar challenge in the federal court based at Springfield, got a similar result.

But a surprise ruling on a combined appeal of the cases achieved Tuesday what years of politicking had not: By finding for Shepard and Moore, it turned Illinois into a gun-carry state.

(Excerpt) Read more at ...

TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Illinois
KEYWORDS: banglist; ccw; constitution; il
The right to self defense does not end at your door.
1 posted on 12/14/2012 6:15:05 AM PST by marktwain
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To: marktwain

The ruling seems to me to be well thought out although somewhat obvious to those of us who live in CHL states and is probably worth a careful read.

I am glad to see Illinois move away from the Pro-rape states as it is way past time.

2 posted on 12/14/2012 6:28:11 AM PST by buffaloguy
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To: marktwain
"bearing of a firearm outside the home is not a core right protected by the Second Amendment."

What a phenomenally stupid statement. This infers that citizens can only do what the government gives them permission to do.

This judge needs to be impeached and removed.

3 posted on 12/14/2012 6:32:49 AM PST by Toadman (To anger a Conservative, tell a lie. To anger a liberal, tell the truth.)
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To: marktwain
The judge that originally ruled against the fundamental Right to keep and bear arms needs to be Impeached and tried for felony violation of USC Title 18 Section 242.

Can carry a penalty of life in prison or death.

4 posted on 12/14/2012 6:43:55 AM PST by Dead Corpse (I will not comply.)
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To: marktwain
*** The right to self defense does not end at your door. ***

Yep. That's obvious to anyone with a functioning brain and/or IQ above 71. Unfortunately that excludes 96% of all democrats - sort of. They believe in it for themselves but not the sheeple that vote for them. right Sen. Di-Fi!

Anywho, this is GREAT NEWS for us 'Stuck Hear In Illernoise'. The downside is waiting the 180 days to see how the Mike Madigan (D-Chi RAT) controlled IL Legislature tries to screw with us with the new laws they dream up. 'Hopefully', the 'down-state Dems' who are Pro 2A will rebel against him and the Chicago-Crook County RATS-RINOs and tell them to take a flying Fu ... uh ...'Leap'.

In reality anyone who already has an IL FOID Card and passes a Firearm Training Course should get a Concealed Carry Permit. It should be that simple as to get a FOID Card we already go through a 'paper anal exam' by the IL State Police.

And for others like me in IL who have a BATF C&R License (Class O3) , getting one should be doubly easy. For that the Feeb pretty much goes through your entire adult history. If there's 'something there' the FBI will find it. So if the FBI and ATF trust me, IL sure as hell should.
[ I luv the ATF :-) ]

IMHO anyone who CAN get a C&R License should do so ($30 for 3 yrs). Note, your local LEO Chief has to 'sign off' -- you give him a copy of your app when you send it in and he can call the ATF and have them reject you. So in Chicago & Cook County forget it. And being a Licensed Collector exempts you from 'some' draconian local-state laws plus you can buy 'ATF Qualified Firearms' over the Internet and have them in one to two days. No Waiting Period.

5 posted on 12/14/2012 6:50:45 AM PST by Condor51 (Si vis pacem, para bellum.)
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To: buffaloguy probably worth a careful read.

Not really, in my opinion. It leaves the heavy lifting to the SC's Heller decision. I'd read that, instead. One funny part:

It [the 2nd Amendment] is not a property right—a right to kill a houseguest who in a fit of aesthetic fury tries to slash your copy of Norman Rockwell’s painting Santa with Elves. That is not self-defense, and this case like Heller and McDonald is just about self-defense.

There's also a part where Posner slaps-down the plaintiffs (the winners) for altering a quotation, but that's about it.
6 posted on 12/14/2012 7:10:10 AM PST by 1rudeboy
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To: Toadman
*** This judge needs to be impeached and removed. ***

The problem with Fed Judges like William Stiehl is the he's a 'Senior Judge'. In effect that means retired and still hear some cases, or semi-retired with a partial work load. Some even have full court-case loads like younger judges. But all are older than dirt, Judge Stiehl was born in 1925, he's 87!. So let's be real how sharp is his mind now.

And a bit surprising is the Judge was appointed by Reagan. However he was recommended by my 'old sen' Chuck Percy, R-IL. A 'moderate', aka RINO, iirc. So that kinda sheds some light on the judge's views.

an aside: I recently read that quite a few legal scholars argue that the position of 'Senior Judge' is unconstitutional. Didn't get into those details though, was kind of busy.

7 posted on 12/14/2012 7:12:06 AM PST by Condor51 (Si vis pacem, para bellum.)
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Comment #8 Removed by Moderator

To: Condor51
I like the reasoning of the judges who overturned Stiehl's decision. The reasoning echoes some of the statements right here on FR.

One of many scenarios would be a female who is in fear of a stalker. She has a gun at home, and the stalker knows it. But he also knows that she does not have a conceal carry permit, and needs only to wait until she leaves for work or to run an errand. Then he can confront her and harm or kill her because the liberals have deemed that outside of the home, she does not have a right to defend her life.

9 posted on 12/14/2012 3:14:18 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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