Huge Gun Win In IL: Federals Appeals Court Strikes Down Illinois Ban On Handguns In Public

By Josey Wales

2-25-2013

A Federal Appeals court on Tuesday struck down an Illinois law banning most people in the state from carrying handguns in public, calling the restriction “arbitrary” and “unconstitutional.”

In the 2-to-1 ruling, the Court of Appeals for the Seventh Circuit said the Second Amendment’s guarantee of an individual’s right to keep and bear arms for personal self-defense “could not rationally have been limited to the home” as required by the long-standing Illinois statute. This move could affect gun laws in other states.

The 5-4 order (PDF) by the 7th U.S. Circuit Court of Appeals still leaves state Attorney General Lisa Madigan with the option of appealing to the U.S. Supreme Court, reports the Chicago Tribune. The Associated Press also has a story.

Illinois Attorney General Lisa Madigan said in a statement she has not yet decided whether to appeal. But she said a dissent written by four of the judges “provided a clear framework to guide the legislature in drafting a new law.” Those judges said some restrictions — including limits on who may carry and where they may do so — could be considered constitutional.

Previously Madigan had asked for the entire 10-judge federal appellate court to consider the case after a three-judge panel in December gave lawmakers until June 9 to legalize the concealed carry of firearms. She argued that the ruling conflicts with decisions by other federal appellate courts and goes beyond what the U.S. Supreme Court has held. She was denied.

“With the 180-day deadline still in place on todays ruling, it is critical that the legislature continue to work to enact a law that will protect public safety,” said Madigan, a Democrat from Chicago.

In Chicago, at the second of a series of Illinois House Judiciary Committee hearings, word of the court’s decision seemed to change the tenor of various speakers’ comments. Advocates who for years have fought for gun control legislation took turns urging lawmakers to make sure the bill they pass prohibits guns in places such as schools, hospitals, restaurants, churches, nursing homes and commuter trains.

This is a huge victory for the people of Illinios and the 2nd Amendment.

ABAJournal.com: “7th Circuit Strikes Illinois Concealed-Carry Ban, Gives State 180 Days to Revise Gun Law”

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