Gun Rights Victory: Appeals Court Overturns Illinois Concealed Carry Law, PDF Of Ruling.
In a 2-1 decision that is a major victory for the National Rifle Association, the U.S. Seventh Circuit Court of Appeals said the state’s ban on carrying a weapon in public is unconstitutional.
“We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home.
The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside,” the judges ruled.
SPRINGFIELD-In a huge win for gun-rights groups, a federal appeals court in Chicago Tuesday tossed the state’s ban on carrying concealed weapons and gave Illinois’ Legislature 180 days to craft a law legalizing concealed carry. freerepublic
“The debate is over. We won. And there will be a statewide carry law in 2013,” said Todd Vandermyde, a lobbyist for the National Rifle Association.
In a split opinion (see below), the 7th Circuit Court of Appeals reversed a lower court ruling in two cases downstate that upheld the state’s longstanding prohibition against carrying concealed weapons.
http://PDF: Concealed Carry Ruling
Illinois is the only state with an outright prohibition on concealed carry.
“We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home,” Judge Richard Posner wrote in the court’s majority opinion.
“The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense,” he continued.
“Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden,” Posner wrote.
“The Supreme Court’s interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions,” he continued.
“Nevertheless we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public,” Posner said.
In a minority opinion, Judge Ann Williams wrote that Illinois is within its rights to ban weapons in “sensitive places” like government buildings, churches and universities in the name of safety.
“The Illinois legislature reasonably concluded that if people are allowed to carry guns in public, the number of guns carried in public will increase, and the risk of firearms-related injury or death in public will increase as well,” Williams said. “And it is also common sense that the danger is a great one; firearms are lethal.”
Attorney General Lisa Madigan, who was defending the state’s prohibition of concealed carry, remained silent on whether her office would appeal Tuesday’s ruling to the U.S. Supreme Court.
“The court gave 180 days before its decision will be returned to the lower court to be implemented. That time period allows our office to review what legal steps can be taken and enables the Legislature to consider whether it wants to take action,” Madigan spokeswoman Maura Possley said.
In 2011, gun-rights advocates lost a bid in the Illinois House to legalize concealed carry by a 65-32 vote. Seventy-one votes were necessary for passage.
The measure, sponsored by state Rep. Brandon Phelps (D-Harrisburg), would have enabled Illinoisans to carry concealed weapons if they had a firearm owner’s identification card and underwent a firearms education course.
Under the failed bill, permit holders could not have been a patient in a mental institution in the previous five years nor have any felony, violent misdemeanor or drug convictions in the previous 10 years.
Concealed weapons also wouldn’t have been allowed under the plan at government buildings, courthouses, schools, sports arenas and stadiums, amusement parks, libraries or college campuses.
At the time of the vote, the Illinois State Police estimated that 325,000 people would taken advantage of a concealed-carry program, which was projected to raise $32 million annually for the state through license fees.
7th Circuit Court overturns Illinois concealed carry ban
More News From Josey wales:
How-the-government-is-coming-after-your-ira-and-401k-plan
Black-box-exposed-it-is-just-another-obama-tax-hike-on-the-american-people-video
11-secret-documents-americans-deserve-to-see
Leaked-video-of-cruise-missile-hitting-pentagon-on-911-rare-footage
Alert-nuclear-test-in-nevada-this-week-code-name-pollux-condemned-by-iran-japan
2013-federal-income-tax-brackets-show-this-to-anyone-that-believes-that-taxes-are-too-low
20-prophetic-signs-that-we-are-in-the-end-times-powerful-video
Americans-are-delusional-and-in-denial-on-the-fiscal-cliff-and-a-constitution-in-crisis-video
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).
“The Illinois legislature reasonably concluded that if people are allowed to carry guns in public, the number of guns carried in public will increase, and the risk of firearms-related injury or death in public will increase as well,” Williams said.
That’s right judge, but you’ve missed the point that the increase in ‘risk of death’ will be solely a risk to THE VIOLENT CRIMINALS who will now be resisted with force by law abiding citizens exercising their inalienable right to defend themselves and others with them.
In truth, the research shows that violent crime drops in every place that CCW are permitted. When it’s no longer just a risk of imprisonment, but a risk of THEIR death if a criminal attempts a violent crime, they think twice about it (the smart ones anyway).
Banning weapons has never once prevented a criminal intent on doing evil, from obtaining a weapon and using it. It has however prevented innocent victims from defending themselves, which is what the ban was designed to do. Wherever guns are banned, criminals flock because they know they will not be resisted. It makes the innocent a prey, and it’s pure evil.
Now we need that JEW on the supreme crt to understand this, but as old as she is it’s hard to say!!!
In AZ, we don’t need a permit to carry as long as it’s in plain sight.
Where is all the news about criminals shot by armed bystanders? It still only exists in your delusional fantasies.
What part of “well regulated” don’t you understand?
As a British/Australian citizen living in the controlled and surveilled hell of the UK I applaud the legislature of Illinois for its common sense. Let us hope that Clinton and Obama do not get what they want from the UN small arms raid. America leads the way to true democracy where citizens can defend their famiilys and selves without fear that the law supports the aggressor as in the UK and Australia.
Switzerland encourages it’s citizens to carry and have a weapon in their homes. They also have the lowest crime rate in the world.