Illinois Conceal Carry Ban Struck Down

[Frazod]

This has been mentioned elsewhere, but I felt it warranted it's own thread. If it becomes politardish, mods please feel free to move it to DC. But for now, this is a beautiful, and quite unexpected, blast of liberty and sanity in a state that generally frowns on both.

http://chicago.cbslocal.com/2012/12/...ssed-by-court/

Illinois Concealed Weapons Ban Tossed By Court

CHICAGO (CBS) — A federal appeals court in Chicago has struck down Illinois’ ban on carrying concealed weapons.

The state now has six months to pass a law that would allow ordinary citizens to carry weapons.

In a 2-1 decision, the U.S. Seventh Circuit Court of Appeals said the state’s ban on carrying a weapon in public is unconstitutional.

“A blanket prohibition on carrying gun in public prevents a person from defending himself anywhere except inside his home; and so substantial a curtailment of the right of armed self-defense requires a greater showing of justification than merely that the public might benefit on balance from such a curtailment, though there is no proof it would,” the judges wrote.

“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.”

RELATED: The Appeals Court Decision

Illinois is the only state that has a concealed carry gun ban.

The ruling is a victory for gun rights advocates, who argue that the prohibition against concealed weapons violates the U.S. Constitution’s Second Amendment and what they see as Americans’ right to carry guns for self-defense.

Attorney General Lisa Madigan’s office told the AP it is reviewing the ruling and would comment Tuesday.

The ruling stems from a lawsuit filed by former corrections officer Michael Moore of Champaign, farmer Charles Hooks of Percy in southeastern Illinois and the Bellevue, Wash.-based Second Amendment Foundation.

It’s the latest setback for gun control advocates.

Earlier this year, a federal judge threw out a part of Chicago’s gun law, finding a section of the ordinance is too vague and unconstitutional.

U.S. District Judge Samuel Der-Yeghiayan ruled in favor of Chicago resident Shawn Gowder, who was denied a permit to possess a gun in Chicago, due to a past conviction for unlawful use of a weapon.

Gowder was denied a city firearm permit, because the city’s gun ordinance prohibits anyone from getting a city firearm permit if they have been convicted of a violent crime, two or more DUI offenses, or unlawful use of a weapon involving a firearm. Gowder had a misdemeanor unlawful use of a weapon conviction on his record.

But Gowder sued the city, arguing the section barring anyone with an unlawful use of a weapon conviction from obtaining a city firearm permit was too vague, “because it does not define the term ‘unlawful use of a weapon.’”

In 2010, the U.S. Supreme Court struck down the city’s ban on handgun possession within city limits, and then-Mayor Richard M. Daley and the City Council later passed a new gun ordinance, allowing city residents to possess handguns only within their own homes, and requiring them to first obtain city firearm permits.

[Bump]

that's good. About time.

now watch crime drop a little

[hometeam]

Good deal. Going into Illinois was always stupid. I have friends on the other side of the river and had to leave my gun at home :/

[Munson]

Excellent news for Illinois residents.

[BigMeatballDave]

Suck it, socialists

[HonestChieffan]

Watch Illinois turn backflips to find a different way.

[Rain Man]

Originally Posted by hometeam

Good deal. Going into Illinois was always stupid. I have friends on the other side of the river and had to leave my gun at home :/

Hopefully you were able to find a good gunsitter.

[Frazod]

Originally Posted by HonestChieffan

Watch Illinois turn backflips to find a different way.

I know. It probably won't be so bad for non-Chicago residents, but I fully-expect Chicago to enact the same Draconian restrictions that New York City has - astronomical fees, lengthy background checks, little to no oversite on when or if permits will be granted (unless you're rich/famous/connected).

Living in Naperville, I expect I'll have to pass a course and pay a fee, but it should be reasonable here.

This also assumes that the pricks don't appeal to the Supreme Court, which is very likely.

[LiveSteam]

Chew on that for awhile Whitlock

[notorious]

You'll shoot your eye out.

[KurtCobain]

Score!

[GloryDayz]

JW says this is disgusting!

[Reerun_KC]

Good news....

Now the state will be back logged with applications for months...

They will probably get 50K-100K+ the first year...

[Predarat]

It was as if Bob Costas and Jason Whitlock cried out in terror, then were suddenly silenced.

[GloryDayz]

I think the key to "Concealed Carry," sometimes, is to keep it concealed...

Signed,

JB