IL UUW Ruled unconstitutional

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Concealed Carry Comes to Illinois

I know that some states basically have a ban on carrying firerarms, but technically Illinois was the lone state with a total legal ban. That has come to an end as of today.

The 7th Circuit Court of Appeals struck down Illinois' ban on carrying firearms outside of the home today. They granted a 180 day stay to allow the legislature to pass something.

I hope that we get a good shall issue system in place, but today was a HUGE step forward for us in Illinois.

Link to the oral arguments (MP3) and the decision released this morning (pdf - see the last paragraph on page 20 for the summation)

http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=12-1269&submit=showdkt&yr=12&num=1269
 
There still is a pro-gun majority in the Illinois house, when the antis propose some BS bill, we can just tell them to shove it - we'll wait 180 days for constitutional carry
 
There still is a pro-gun majority in the Illinois house, when the antis propose some BS bill, we can just tell them to shove it - we'll wait 180 days for constitutional carry
I think that is a bad idea for a couple of reasons.

We need to get complete state preemption out of this.

There are a LOT of prohibited areas that could be considered to extend to such things as TIF districts in current law.

Better to clean up the mishmash of the existing laws while we have the chance.
 
First, congratulations to the citizens of Illinois.

Regardless of how Illinois irons out the details of carry outside the home, the issue will still have to be reviewed by the Supreme court. We now have a split with the Second ruling it does not apply outside the home, and the Seventh saying it does. More importantly, in the Kachalsky case, they ruled that good cause can be used to severely limit issuance of permits. With similar cases in NJ, MD, CA and HI, this is still very important.
 
7th Circuit Court of Appeals holds that the Second Amendment applies outside the home

In an opinion issued today in the Illinois case of Moore v. Madigan, the Seventh Circuit Court of Appeals held that the Second Amendment “right to keep and bear arms for the purpose of self-defense … implies a right to carry a loaded gun outside the home.”

The opinion is a joy to read as Judge Posner proceeds to shred the historical and public policy arguments against carry put forward by Illinois.

Here are some examples to warm your heart on this cold December afternoon:

Excerpt ... Read more at http://monachuslex.com/?p=2254
 
As an Illinoisan (albeit one who's permitted to carry under LEOSA), this is a tremendous step in the right direction. However, I do not believe that the fight is anywhere close to being over. What will undoubtedly happen is that the anti-rights crowd will attempt to heap on so many restrictions as to make the right to carry unrecognizable, a la Washington, D.C.

Nonetheless, there is a strong pro-2A sentiment in Illinois (though it's been largely stifled by a legislature heavily influenced by Chicago Machine politics) and there's some chance that the move toward concealed carry rights will actually result in something of substance . . . finally.

Still, I think that a long road lies ahead of us.
 
There is a difference now in Illinois politics, even Chicago Democrats. There are more and more urban Chicago Democrats, especially in the crime ridden gang neighborhoods, that support concealed carry. This is new and they are bucking the traditional party machine. I attended IGOLD in march and there were more urban black women and men than years past.
This is reason to celebrate but I have to wait until tonight!
 
Il ccw

IL legislators may offer up a "shall issue" scheme like we have in NJ which places a "justifiable need" clause in the application. That would be consistent with the dicta of the opinion when it referenced the Kachalsky v. Cacace case in NY. If that's what you get and the court of appeals is OK with it, IL unfortunately remains an outlier to free America. SCOTUS will have to put an end to all this nonsense. So long as the 5 who gave us Heller & McDonald hang in there, we should have "to bear" in all 50 states.
 
They are already schemcing to makwe it as diffuclt as poissible to get licensed.

“If we need to change the law, let us at least craft a law that is very severely constrained and narrowly tailored so that we don’t invite guns out of control on each of our city’s streets,” Currie said. “I don’t want people out of control wandering the streets with guns that are out of control.”
from the Tribune story.
 
I think everyone expects that, brickeyee. It will then come down to how Woollard vs Sheridan comes out. If they strike down may issue there, this could get interesting.
 
brickeyee said:
They are already schemcing to makwe it as diffuclt as poissible to get licensed.
“If we need to change the law, let us at least craft a law that is very severely constrained and narrowly tailored so that we don’t invite guns out of control on each of our city’s streets,” Currie said. “I don’t want people out of control wandering the streets with guns that are out of control.”

from the Tribune story.
The Facepalm is strong in that Currie person. :facepalm:
 
Effectively this will result in a neo-ban, where only a select few are so graciated to be given permission, ala NYC.

The reaction of the Democratic Gov is no different than the Democrats in the South after slavery was banned. It took another 100 years simply to meet the original goal: an end to bigotry by the government upon the common people.
 
I don't get all the naysayers. They just overwhemlingly denied the AWB that Governor Quinn wanted. We almost passed CCW with 65 of the needed 71 votes (only 48 were Republicans). So, why exactly do you think the pendulum is going to swing to a may issue horror? The momentum is on our side by ALL accounts (legislatively, judicially, and with public opinion). We will get shall issue, or possible FOID (Constitutional) Carry.
 
So, why exactly do you think the pendulum is going to swing to a may issue horror?

Because even the Republicans aren't overwhelmingly in favor of carry with just a FOID card. They WILL compromise to stop that from happening, and the leadership in the state legislature and the Governor won't let shall issue through under any circumstances.
 
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