Posted on 02/22/2013 5:24:36 PM PST by Red in Blue PA
BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home. The ruling came in Moore v. Madigan, a case filed by SAF. The December opinion that now stands was written by Judge Richard Posner, who gave the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.” That clock is ticking, noted SAF Executive Vice President Alan Gottlieb. “Illinois lawmakers need to create some kind of licensing system or face the prospect of not having any regulations at all when Judge Posner’s deadline arrives,” Gottlieb said. “They need to act. They can no longer run and hide from this mandate.” “We were delighted with Judge Posner’s ruling in December,” he continued, “and today’s decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posner’s ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door.” In December, Judge Posner wrote, “The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.” Judge Posner subsequently added, “To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.” “It is now up to the legislature,” Gottlieb said, “to craft a statute that recognizes the right of ordinary citizens to carry outside the home, without a sea of red tape or a requirement to prove any kind of need beyond the cause of personal protection.” The ruling also affects a similar case filed by the National Rifle Association known as Shepard v. Madigan.
Rep. David Linsky (D) MA take note! (you RAT!)
SCOTUS shot down DC's draconian gun laws in the Heller case. These laws made it impossible to own handguns and after the Heller ruling it is now ONLY nearly impossible to own a handgun.
Trust me, Chicagoans won't be CCWing anytime soon, if ever.
I think it is sad that this is a “huge win”
The idea that getting the government to agree that the Bill of Rights applies outside the house is a “huge win” is ridiculously sad.
I think a pro-gun organization could really rattle the cage at this point by running a small publicity campaign in Chicago, as if concealed carry was already legal there.
Even a xeroxed, single page “fact sheet” about cc gun ownership and use, emphasizing when and where it can be legally used for self defense *in current law*, would have a huge impact. Of course it would have to have disclaimers.
When will the Supreme Court rule that the New York law is Unconstitutional?
That is the question. The states are now screwing over us .
My (IL) state Representative the other day said his democrat colleagues in the legislature are always telling him “We’ve got to do this right, we have to create a good law”. He replies “Well, we’ve only got 49 examples to go by”.
Posner is one heck of a judge.
I’ve read several of his books. He’s one of the good guys.
I agree.
It is however hardly surprising when the people of this country elect and reelect representatives like Nancy Pelosi who actually laughs at the notion of the Constitution restricting the power of government.
Good Comment BigBob, along with that I think we ought to make it against the law to propose laws that inhibit law abiding folks from owning a gun,,, WAIT A MINUTE... it already is. Why do we not have convictions on this treasonous act?
I think we ought to make it against the law to propose laws that inhibit law abiding folks from owning a gun,,, WAIT A MINUTE... it already is. Why do we not have convictions on this treasonous act?
Who's going to prosecute: government?
The only thing government consistently does well is look after the interests of government.
That is the question. The states are now screwing over us .
Because SCOTUS may not reach into areas left by the Constitution to belong to the states or to individuals, IIRC.
The people of a given state must act against unacceptable constraints fabricated by their own legislators. (NY State's statutes are overwhelmed by the influence of the NY City & suburbs' influence, as is Illinois with Chicago's.)
Here we aren’t just fighting Rats in Chicago, but the whole Combine. RINOs are the Republican Party here. On RKBA, downstate Democrats are more in-touch with the issue, while upstate RINOs drink the teacher union kool-aid.
That is the question. The states are now screwing over us .
All of the pro-2nd gun laws will be moot when Obama has his (likely two) SCOTUS picks. Don't think for a minute that Ginsburg would risk handing her seat over to a conservative.
We're going to regret losing 2012 for a very long time.
I AGREE, WE HAVE THE RIGHT TO DEFEND OUR SELF ANYWHERE, NOT JUST IN OUR HOMES.
Really??? They don't seem to have much problem with it when it comes to "desegregation", or "interstate commerce" of articles that patently are not and never have been "commerced between states" (as in ag products produced by you, for your own use...and no, I'm not talking about marijuana).
Trust me, Chicagoans won’t be CCWing anytime soon, if ever.
Of course, for the first guy who gets caught, it will be an expensive and unpleasant process, so I’d be VERY discreet.
The ruling should be 180 days to come up with a law allowing CC or else there will be NO restrictions. Illinios will just keep dragging its feet or come up a law so restrictive it’ll be in the courts for several more years.
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