Appeals court strikes down IL’s ban on concealed carry

| December 11, 2012

Ex-PH2 sends us a WGN link to the announcement that a Federal appeals court has struck down Illinois’ ban on concealed carry;

Justices said the right to bear arms for self-defense is as important outside the home as inside.

The court gave Illinois lawmakers six months to put its own version of the law in place.

Illinois is the only state in the nation not to have some form of conceal carry.

Added From ABCNews;

Richard Posner wrote in the court’s majority opinion. “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.”

The court ordered its ruling stayed “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.

I guess the thugs, both the public and private variety, are shaking in their respective boots.

Category: Guns

Comments (13)

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  1. Jabatam says:

    It’ll be restrictive as hell, probably worse than California, but this is a step in the right direction

  2. Hondo says:

    Jabatam: bingo. Next point of attack is to go after excessive fees and delays through the courts. A fundamental right that cannot be exercised has effectively been denied.

  3. John says:

    No they will appeal to the Supreme court and postpone as long as possible.

  4. 68W58 says:

    Once Chicago crime rates fall what will lefties say?

  5. Jabatam says:

    #4 that it was a result of outstanding police effort and education.

    #2 you’re right, but the cat is out of the bag now

  6. Ex-PH2 says:

    While I do not have a gun of any kind and have no interest in getting one, I think that carrying one should be up to the individual who does want to have one, at home or one his person.
    Considering how many carjackings there are in the Chicago area, it might become a deterrent.

  7. DaveO says:

    Has DC actually made it possible to both own and carry (concealed) a firearm yet? It’s been a few years, and am under the impression that DC isn’t concerned with following the law.

  8. UpNorth says:

    Can anyone see the Illinois crime syndicate, er State government obeying the law? Or Rahmbo? Neither can I.

  9. Spade says:

    From what I’ve heard, until today Posner has not been seen as a friend of the 2nd Amendment.

    Anyway, here’s a good quote:

    “The (Illinois) legislature, in the new session, will be forced to take up a statewide carry law,” said NRA lobbyist Todd Vandermyde.

    The lobbyist said prior attempts to reach a middle ground with opponents will no longer be necessary because “those compromises are going out the window.”

  10. Poetrooper says:

    Sounds to me like Judge Posner is simply affirming the concept of the portability of the Castle Doctrine to include an individual’s person as his/her castle. While far too liberal otherwise, New Mexico recognizes that concept to allow concealed carry in your vehicle and open carry in most public venues without any official permitting.

    Actually, it would be a good thing for Illinois to appeal this decision to the Supreme Court and get a national affirmation of both the Castle Doctrine as well as the portability aspects.