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Illinois Supreme Court Declares State's Ban on Carrying Firearms Unconstitutional
NRA-ILA ^ | September 13, 2013 | NA

Posted on 09/14/2013 5:37:01 PM PDT by neverdem

In an unusually forceful and straightforward opinion(PDF) in the case of People v. Aguilar, the Supreme Court of Illinois unanimously held that the state's "comprehensive ban" on the "use of an operable firearm for self-defense outside the home" is invalid on its face under the Second Amendment. The NRA had participated in the case with an amicus brief.

The court surveyed the Supreme Court's recent Second Amendment decisions, as well as state and federal precedents from courts in Illinois. Regarding the significance of the Supreme Court's opinions, it declared: "neither Heller nor McDonald expressly limits the second amendment's protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home." It also characterized the Illinois law as "a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution…." According to the court, "In no other context would we permit this, and we will not permit it here either."

While the court noted that "we are in no way saying that such a right is unlimited or is not subject to meaningful regulation," it did not condition its holding on any further action by the legislature. It noted Illinois' recently-enacted Firearm Concealed Carry Act only in passing, stating that it was not "at issue in this case."

Invoking precedents from two federal appellate courts, the Illinois Supreme Court also held that the state's general ban on the possession of concealable firearms by minors does not run afoul of the Second Amendment. Notably, one of the cases upon which the court relied for this portion of the opinion was National Rifle Ass'n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms [&] Explosives, which upheld a federal prohibition on the sale of handguns by federally licensed dealers to adults aged 18 to 20. The NRA has recently filed a brief asking the U.S. Supreme Court to review that decision. Twenty-two state attorneys general also filed a brief in support of NRA's efforts in that case.

While residents of Illinois eagerly await implementation of the state's new concealed carry licensing process, they can rest assured that under controlling precedent in both state and federal courts, their right to bear arms in self-defense is not a "privilege" bestowed upon them by the legislature but a fundamental right the state and its localities are bound to respect.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections; US: Illinois
KEYWORDS: banglist; guncontrol; secondamendment

1 posted on 09/14/2013 5:37:01 PM PDT by neverdem
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To: DMZFrank; endthematrix; Chgogal; NotJustAnotherPrettyFace; Lawgvr1955; Petruchio; stylin19a; ...
Congratulations!
2 posted on 09/14/2013 5:39:25 PM PDT by neverdem (Register pressure cookers! /s)
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To: neverdem

It still amazes me the Supreme Court of Illinois issued a ruling in such close conformity to the Constitution.


3 posted on 09/14/2013 5:46:52 PM PDT by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: Toddsterpatriot

Lisa Madigan is deeply saddened.


4 posted on 09/14/2013 5:48:52 PM PDT by 1rudeboy
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To: neverdem

Wow.

I had to read the headline twice—it would not register that this is Illinois.


5 posted on 09/14/2013 5:52:00 PM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: neverdem

Wow! Judges who have actually read and understood the Constitution! I didn’t know there were any in the US.


6 posted on 09/14/2013 5:53:24 PM PDT by jeffc (The U.S. media are our enemy)
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To: 1rudeboy

I’m gonna need a bigger holster!


7 posted on 09/14/2013 5:54:08 PM PDT by Toddsterpatriot (Science is hard. Harder if you're stupid.)
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To: neverdem
I'm stunned.I always thought that Illinois was your typical one Party state.The Massachusetts Supreme Court wouldn't issue a ruling like this in a million years.
8 posted on 09/14/2013 6:00:59 PM PDT by Gay State Conservative (If Obama Had A City It Would Look Like Detroit)
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To: neverdem

libs/will appeal into federal court. regardless, they will.


9 posted on 09/14/2013 6:30:11 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Gay State Conservative
I'm stunned.I always thought that Illinois was your typical one Party state.

Actually, if you could remove Chicago it would be a fairly conservative state. Unfortunately, that's not possible.

10 posted on 09/14/2013 6:30:16 PM PDT by Marathoner (Sarah Palin is our Esther, for such a time as this)
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To: Marathoner

Its murder rate would drop by 99% as well!


11 posted on 09/14/2013 6:34:03 PM PDT by relictele ("An elective despotism was not the government we fought for..." - James Madison)
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To: neverdem

Yeehaw!


12 posted on 09/14/2013 6:34:46 PM PDT by Alamo-Girl
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To: exit82

Cut us in the rural red parts of Illinois a little slack ;-)

I’m not counting any chickens, but if someone like Bruce Rauner were to win the governorship, you’d see a 180 in Illinois like never before. It’s a damned shame that a state with the talent, wealth, and resources of Illinois is being run into the ground by clueless liberal democrats who not only control government, but have rigged the game so they keep themselves in power.


13 posted on 09/14/2013 6:40:23 PM PDT by bigbob
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To: 1rudeboy

Pat Quinn is, I would guess, being given oxygen right now. He’s just dropped further into irrelevancy. His gun grabbing efforts have now been nixed by the Illinois supreme court, the US count of appeals, and his own freaking political party. He was so desperate to find some personal right to ban that he made using a handheld cell phone in a car illegal anywhere in the state.

Meanehile, Rahmbo is trying to reverse the concealed carry law by revoking business licensure for establishments that don’t ban guns with the insipid little sign.

Expect the NRA to file suit on this within days.


14 posted on 09/14/2013 6:54:36 PM PDT by VideoPaul
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To: Standing Wolf; Gay State Conservative; Alamo-Girl; neverdem; fieldmarshaldj; Clintonfatigued; ...
>> It still amazes me the Supreme Court of Illinois issued a ruling in such close conformity to the Constitution. <<

>> I'm stunned.I always thought that Illinois was your typical one Party state.The Massachusetts Supreme Court wouldn't issue a ruling like this in a million years. <<

The Illinois SC has been indisputably the most conservative branch of state government for at least 10 years (of course, given that the Governor is Pat Quinn and the Illinois General Assembly is completely controlled by Mike Madigan, any body to the right of Karl Marx would be "more conservative")

What's really fascinating here is the Dems have a 4-3 majority on the Illinois SC, and the system is rigged to make it almost impossible for Republicans to win a majority on the court, since Cook County "at large" gets three seats, and that means the Chicago Democrat machine gets whoever they want for those three seats. Despite that, this ruling was 7-0 for our side, so somehow they convinced the three Chicago RATs (and 1 downstate RAT) to vote with our guys on conceal carry. This ruling comes recently after the Illinois SC had a similar 7-0 decision to uphold parental notification of abortion for minors. This had been passed by then GOP-controlled Illinois General Assembly in 1995, but the abortion loving liberals held it up in courts for years, until the Illinois SC slapped them down in 2013. (they could still try appealing nationally to SCOTUS, but good luck getting them to block parental notification or even hear the case to begin with). The RATs can't even complain the decision was written by a "right-wing anti-choice zealot", since the decision was written by Justice Anne Burke, a lifelong Democrat and wife of the powerful Chicago machine alderman Ed Burke.

Also interesting, in Illinois, we elected all our judges in partisan elections. Those seven justices on the Illinois SC had to win both primary and general elections. The union thugs spent millions of dollars to get "their guys" on the court, and yet the Justices haven't voted the way they wanted on numerous issues. They could primary an incumbent, but the justices are on 10 year terms. The last time we had a really rabid leftist on the Illinois SC was Justice Gordon Maag of southern Illinois, and he had the misfortune of representing a region of the state that become increasingly conservative over the years, so he lost re-election in 2004 to Republican Lloyd Karmeier, and the Illinois SC went from 5-2 Dem to 4-3 Dem. We could get a GOP majority except Justice Thomas L. Kilbride is an entrenched downstate incumbent, and he's a "well respected" moderate so it would be difficult to unseat him. As it stands, we do have 3 out of the 4 downstate seats, and the court recently selected one of the Republican justices to serve as Chief Justice (Rita Garman of Springfield)

I think this is why you won't see Obama pick any of his home state justices for SCOTUS, however. Chicago is a one-party system like the old deep south, where you HAVE to be a Dem to get elected to any type of office. The result is you have a number of rightward-leaning RAT judges in Cook County.

15 posted on 09/14/2013 8:56:39 PM PDT by BillyBoy (Liz Cheney's family supports gay marriage. Do you?)
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To: BillyBoy

Thank you so much for sharing your insights, dear BillyBoy!


16 posted on 09/14/2013 9:01:49 PM PDT by Alamo-Girl
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To: bigbob; Impy; fieldmarshaldj
>> if someone like Bruce Rauner were to win the governorship, you’d see a 180 in Illinois like never before. <<

Bruce Rauner is a combiner and paid "special adviser" to Rahm Emanuel, and he has donated thousands of dollars to socialist Democrats. He is the LAST person we want to nominate. The combine's ideal Governor election for 2014 is Bruce Rauner vs. Bill Daley (guaranteed "win" for them no matter the outcome) Please read norauner.com (Also check out http://illinoisreview.typepad.com/illinoisreview/2013/08/kelly-rahm-wants-gop-pal-rauner-not-bill-daley-for-illinois-governor.html )

17 posted on 09/14/2013 9:15:54 PM PDT by BillyBoy (Liz Cheney's family supports gay marriage. Do you?)
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To: neverdem; Heart-Rest; HoosierDammit; red irish; fastrock; NorthernCrunchyCon; UMCRevMom@aol.com; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.

18 posted on 09/14/2013 9:18:50 PM PDT by narses
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To: BillyBoy; Standing Wolf; neverdem; 1010RD; yongin; PhilCollins; AuH2ORepublican; fieldmarshaldj

We should have the majority, Kilbride never should have won. If not for him maybe we could have gotten the awful congressional and state leg maps thrown out.

“. The result is you have a number of rightward-leaning RAT judges in Cook County.”

A friend of mom’s from church, Judge Susan McDunn, issued some adoption rulings that the queers didn’t like back in the late 90’s and got a target on her back. She was driven to resign last year.

So, how will Quinn and Rahm get around this ruling?


19 posted on 09/14/2013 9:21:07 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: BillyBoy; bigbob; fieldmarshaldj; PhilCollins; yongin

Bad link

http://norauner.com/

There you go

Rauner is an even worse choice than Obama’s pal Kirk Dillard.

Baring another candidate entering I’ll vote for Brady or Rutherford, which ever is polling better. I don’t quite trust Rutherford and I think Brady is a likely loser in November but Rauner and Dillard are unacceptable combine scum.


20 posted on 09/14/2013 9:26:53 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy; fieldmarshaldj
>> Rauner and Dillard are unacceptable combine scum. <<

What's interesting is that their camps have to turned their guns on each other. If you search the internet, you'll see Rauner and Dillard supporters are constantly attacking each other and blasting the other guy's supporters are RINO enablers (which is like Michael Moore and Rosie O'Donnell calling each other fat liberals). They're more interested in attacking each other than Rutherford or Brady: "Your guy sucked up to Obama!" "Oh yeah, well your guy sucked up to Rahm Emanuel, SO THERE!" I must confess that I'm very pleased with this development.

21 posted on 09/14/2013 9:32:30 PM PDT by BillyBoy (Liz Cheney's family supports gay marriage. Do you?)
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To: bigbob
I’m not counting any chickens, but if someone like Bruce Rauner Sarah Palin were to win the governorship presidency, you’d see a 180 in Illinois America like never before. It’s a damned shame that a state country with the talent, wealth, and resources of Illinois America is being run into the ground by clueless liberal democrats who not only control government, but have rigged the game so they keep themselves in power.

There, fixed it.

22 posted on 09/14/2013 11:13:11 PM PDT by Talisker (One who commands, must obey.)
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To: Toddsterpatriot

A whole lot of folks here have been working their asses off in the trenches to make this happen.


23 posted on 09/15/2013 10:13:02 AM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Lurker

They did a great job.


24 posted on 09/15/2013 10:18:08 AM PDT by Toddsterpatriot (Science is hard. Harder if you're stupid.)
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To: Impy; BillyBoy; Standing Wolf; neverdem; 1010RD; yongin; AuH2ORepublican; fieldmarshaldj

I don’t like any of the governor candidates, much, but, so far, I dislike Rutherford the least, like the least of four evils. Rauner is pro-choice and donated to many Democrats. Brady and Dillard voted for the law that will allow illegal aliens to get driver’s licenses. Since they lost in 2010, they’ll probably lose in ‘14. Rutherford proved that he can win, statewide. Almost as soon as he became treasurer, he cut his department’s spending. While he was a state senator, he had a strong (at least 90%) pro-life and pro-gun voting record.


25 posted on 09/15/2013 1:20:30 PM PDT by PhilCollins
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To: neverdem

Massive ruling! Excellent!


26 posted on 09/15/2013 2:08:09 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: PhilCollins; BillyBoy

I agree, Rutherford looks like the choice. But I’d emphasize that combiner Dillard is much worse than Brady.

Dillard probably would have beaten Quinn if he had successfully stolen the primary election but I’m not sure that would have been a very good thing.

I guess I’d vote for either Dillard or RAHMner over Quinn or Daley but they both disgust me.


27 posted on 09/15/2013 3:15:18 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Lurker; Impy; BillyBoy; Standing Wolf; neverdem; 1010RD; yongin; AuH2ORepublican; fieldmarshaldj
>> A whole lot of folks here have been working their asses off in the trenches to make this happen. <<

Yep, and we get insulted by our fellow freepers, who dismiss our opinions on matter and mock us when they hear that we're a conservative activist from Illinois. We've managed to stop gay marriage from passing in a state where the gerrymandered Chicago RATs have a veto proof majority in both houses, and got a RAT controlled IL Supreme Court to rule 7-0 in favor of gun rights and limiting abortion. Freepers from "more conservative" states take stuff for granted and mock us for working our butts off to make it happen. Perhaps the most annoying is freepers from Virginia, who can't stop their "conservative" state from constantly electing marxist Democrat Senators but feel the need to dismiss the idea that there are any conservatives in Illinois, or anything positive we are doing at the grassroots level to fight the Obamanation.

28 posted on 09/15/2013 7:03:44 PM PDT by BillyBoy (Liz Cheney's family supports gay marriage. Do you?)
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To: IncPen; Nailbiter

bflr


29 posted on 09/15/2013 8:07:37 PM PDT by Nailbiter
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To: neverdem
While great news for sure, I wouldn't go walking around with that Hog Leg strapped to your thigh just yet.

This decision hasn't exactly been big news or spread around to LE Agencies, like the Chi PD, and new rules and regs aren't on the books or memos even issued. Even pro 2A coppers who know about this don't know wtf to do - they don't want to infringe and be sued, and they don't want a felon to walk away then be liable for that either. Big problem in Chi and Crook County.

A lot of CPD cops are saying screw it, if they make a stop and person is 'clear' (not wanted/felon) and has gun and FOID card, its "Have a Nice Day, be on your way". BUT - there's the young 'hair gel' kool-aid drinkin' cop looking for that merit promotion who'd bust his granny. It's that asshhat you have to watch for.

Right now I'd wait and see. (but if ya feel 'lucky', at the least have your FOID on you - duh)

30 posted on 09/16/2013 5:01:33 AM PDT by Condor51 (Si vis pacem, para bellum.)
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To: Impy

The SCOIL is, like every government agency, reflective of the electorate. Chicago is pro-gun on the voter’s level. That’s the reality.


31 posted on 09/16/2013 5:17:18 AM PDT by 1010RD (First, Do No Harm)
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To: PhilCollins; Impy; BillyBoy; Standing Wolf; neverdem; yongin; AuH2ORepublican; fieldmarshaldj

Rutherford is the best pick out of a lackluster crowd. He’s a fiscal conservative and is running on that. I’ll give you his negatives:

1. He will consider and has mentioned tax increases as a way to fix Illinois financial woes.

2. He’s a 58 y.o. single man with no public history of dating women. That’s not a deal breaker for me, but it may be for many conservatives.

3. He beat Robin Kelly for a job not many coveted and won in a crowded field.

4. He’s cash poor.

His pros:

1. He’s a fiscal conservative.

2. He’s been ardently pro-family.

3. He really wants to win.

4. This is the biggy for me: He won a lot of urban votes and has a terrific urban outreach to minorities going.

I don’t have the numbers in front of me, but Rutherford is garnering the support of the Asian and Indian business communities. It’s part of the reason he picked Steve Kim.

If you’re thinking strategically and long term then Rutherford is the guy. We need to start peeling off urban votes, particularly from minorities. It’s an utter shame that the GOP doesn’t do better outreach to minority business owners.


32 posted on 09/16/2013 10:41:29 AM PDT by 1010RD (First, Do No Harm)
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To: 1010RD; BillyBoy; PhilCollins

Yeah I’ve heard the homo rumors. I don’t give a crap as long as he keeps it to himself (if it’s even true that is).

The tax thing is what bothers me.

Daley has quit the rat race. Good news because the weak Quinn is who we want to face.


33 posted on 09/16/2013 9:30:04 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy; BillyBoy; PhilCollins

He’s dealing with a Dem state and Dem controlled state house. The key is to make him commit to no tax increases and no new taxes. Make that the condition for conservative support.

Chicago will face a bankruptcy crisis in 2019 driven by pensions, not to mention wasteful spending. Given the bankruptcies in two major cities, that’s a lot of leverage for cutting spending. I suspect that a solid stance against tax increases and for spending cuts would hold, especially if they could blame it on a GOP governor.

I see no one better on the horizon and I want to win.


34 posted on 09/17/2013 5:01:35 AM PDT by 1010RD (First, Do No Harm)
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To: Impy

I agree. I don’t care whether Rutherford is gay. I never heard that he might want to increase tax rates, but, while he was a state senator, he frequently voted for tax cuts and spending cuts.


35 posted on 09/17/2013 5:07:57 AM PDT by PhilCollins
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