Illinois | Ban on Guns within 1,000ft of Parks are Unconstitutional

Ammoland ^ | 8 February, 2018 | Dean Weingarten

[marktwain]

The Supreme Court of Illinois has ruled that a state ban on carrying guns within a 1,000 feet of a park is obviously unconstitutional. It is unconstitutional because it “directly implicates the core right of self-defense”.

From reason.com:

Yesterday the Illinois Supreme Court unanimously ruled that a state ban on carrying guns within 1,000 feet of a public park violates the constitutional right to bear arms. The decision in People v. Chairez extends the logic of prior rulings by the same court and by the U.S. Court of Appeals for the 7th Circuit holding that Second Amendment rights exist outside the home and cannot be categorically restricted without a strong justification.

The decision is a number of pages long, and is well written. For those who do not have the time to read it in its entirety, this paragraph explains the logic of the court.  From People v. Chairez at illinoiscourts.gov:

We believe the State defines the core right protected by the second amendment too narrowly. According to this court’s holding in Aguilar, neither Heller nor McDonald expressly limited the second amendment protections to the home. Aguilar, 2013 IL 112116, ¶¶ 18-20. To the contrary, both Heller and McDonald at least strongly suggest that the second amendment right to keep and bear arms extends beyond the home. Id.¶ 20. Moreover, the State’s reliance on Skoien—which did not involve the core self-defense component of the right to bear arms—is misplaced. We find that the 1000-foot firearm restriction at issue more closely resembles the restrictions at issue in Ezell I, Ezell II, Moore, and Aguilar.

[marktwain]

This may be the start of rolling back irrational gun free zones.

[Red Badger]

I don’t know about ‘unconstitutional’, but I’ve always said these ‘1000 feet’ exclusion zones are stupid. Even for other stuff like liquor stores cannot be located within 1000 feet of a church or school...................

[humblegunner]

Ban on Guns within 1,000ft of Parks are Unconstitutional

Ban are, huh?

High level journalism.

The ban are.

Yep.

[Sopater]

Ban are, huh?

Yes, it are.

[Quality_Not_Quantity]

I like how local news talks about this crime or that occurring 'within a mile of a school.'

I'll bet that there isn't a single place in many cities that isn't within a mile of a school of some description.

[marktwain]

Good catch.

[vette6387]

Ban, roll-on or spray!

[vette6387]

“The ban are.”

And there I though Ebonics was dead!

[BitWielder1]

It's safe to be armed here but too dangerous there?
That's just silly.

[Red Badger]

Yep................

[beelzepug]

“The ban are.”

Ever listen to British soccer? For example, “Liverpool are the winners.”

[Delta 21]

I didnt figure that Illinois even bothered with any kind of weapons legislation at all judging by the freedom loving gun toting gangs in Chicago.

[BenLurkin]

Oakiebonics

[867V309]

Ban are, huh?

Don't axe me.

[LeoTDB69]

Despite the obvious grammar issue, I don’t put deodorant on guns anyway.

[Kiss7]

Excellent!

[zeugma]

Kudos for linking directly to the decision itself!

[Larry Lucido]

Don't make David Ban Are mad.