Fed appeals court IL ban on CCW

[JV_]

http://blogs.suntimes.com/politics/2012/12/big_win_for_gun-rights_groups_federal_appeals_court_tosses_state_b an_on_carrying_concealed_weapons.html

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.

[BLR]

http://blogs.suntimes.com/politics/2012/12/big_win_for_gun-rights_groups_federal_appeals_court_tosses_state_b an_on_carrying_concealed_weapons.html

:cool:

That's a major blow to the Brady Bunch.

[RoyGBiv]

a big decision in favor of 2a
count on an appeal

[ToddG]

Wow.

WOW!

[JDM]

That's extremely awesome.

[tmoore912]

The 7th Circuit wrote:

The right to “bear” as distinct from the right to “keep” arms is unlikely to refer to the home. To speak of “bearing”
arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.

And one doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home.


Link changed: http://www.ca7.uscourts.gov/tmp/NY0SYRZ8.pdf

[Chemsoldier]

To quote Joe Dirt, "Dang!"

That is awesome. $5 says it will be may issue. But it is still a tremendous step. Liberalizing the CCW laws will be a lot easier than getting them through in the first place.

[tmoore912]

The court also wrote:

Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk in a rough neighborhood than in
his apartment on the 35th floor of the Park Tower. A woman who is being stalked or has obtained a protective order against a violent ex-husband is more vulnerable to being attacked while walking to or from her home than when inside. She has a stronger self-defense claim to be allowed to carry a gun in public than the resident of a fancy apartment building (complete with doorman) has a claim to sleep with a loaded gun under her mattress. But Illinois wants to deny the former claim, while compelled by McDonald to honor the latter. That creates an arbitrary difference. To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald. It is not a property right—a right to kill a house guest who in a fit of aesthetic fury tries to slash your copy of Norman Rockwell’s painting Santa with Elves. That is not self-defense, and this case like Heller and McDonald is just about self-defense.

[RoyGBiv]

Looks like the link changed...

I believe this is correct...http://www.ca7.uscourts.gov/tmp/NY0SYRZ8.pdf
Moore/Shepherd v Illinois?

[RoyGBiv]

A whole lot of spanking going on in that opinion....


we note with disapproval that the opening brief
for the plaintiffs in appeal no. 12-1788, in quoting the
last sentence above from the article by Cook and
his colleagues, deleted without ellipses the last
clause—“assuming that some sort of permit system
for public carry is allowed to stand.”

................

In sum, the empirical literature on the effects
of allowing the carriage of guns in public fails to establish
a pragmatic defense of the Illinois law...........
Anyway the Supreme Court made clear
in Heller that it wasn’t going to make the right to bear
arms depend on casualty counts. ......
If the mere possibility that allowing guns to be carried
in public would increase the crime or death rates
sufficed to justify a ban, Heller would have been
decided the other way, for that possibility was as great
in the District of Columbia as it is in Illinois.
.........
And a ban as broad as Illinois’s can’t be upheld
merely on the ground that it’s not irrational.

.................

though we need not speculate on the limits
that Illinois may in the interest of public safety constitutionally
impose on the carrying of guns in public; it
is enough that the limits it has imposed go too far.

[SeriousStudent]

Mr Green, is it frowned upon to mail a bottle of Scotch to a judge? What an excellent ruling this is.

This is very welcome news. I do hope the various legislative bodies can be prevailed upon to do the right thing.

[Ray Keith]

Looks like the link changed...

I believe this is correct...http://www.ca7.uscourts.gov/tmp/NY0SYRZ8.pdf
Moore/Shepherd v Illinois?

Moore v. Madigan

Nos. 12-1269, 12-1788

[RoyGBiv]

Moore v. Madigan

Nos. 12-1269, 12-1788
Edited: Moore/Shepherd v IL/Madigan..
Looks like the original link to the 7th's opinion was changed to the link I posted..
Not sure why..

Maybe the original link was to 12-1788? I don't see that case listed independently on the 7th's web site at the moment..

ETA: ETA: Looks like both cases are addressed in the same opinion..
http://www.ca7.uscourts.gov/tmp/NY0SYRZ8.pdf

[tmoore912]

"Christmas came early for law-abiding gun owners," said state Rep. Brandon Phelps, a Democratic lawmaker from southern Illinois whose proposed legislation approving concealed carry narrowly lost in the Legislature last year. "It's a mandate."

Richard Pearson, the executive director of the Illinois State Rifle Association, said there is no reason why lawmakers cannot pass Phelps' bill during a weeklong legislative session in January.

"Now that the court has ruled ... we will work as soon as possible with legislators to craft a concealed carry bill for the state of Illinois," he said.

Read more here: http://www.kansascity.com/2012/12/11/3960383/court-strikes-down-illinois-concealed.html#storylink=cpy

[G60]

Just affirming what we already knew, "bear" means to carry, not furry forest creatures.

[tmoore912]

Edited: Moore/Shepherd v IL/Madigan..
Looks like the original link to the 7th's opinion was changed to the link I posted..
Not sure why..

Maybe the original link was to 12-1788? I don't see that case listed independently on the 7th's web site at the moment..

ETA: ETA: Looks like both cases are addressed in the same opinion..
http://www.ca7.uscourts.gov/tmp/NY0SYRZ8.pdf

They keep changing the link to the opinion: http://www.ca7.uscourts.gov/tmp/NY12808O.pdf

Better link to opinion by the Sun Times: http://www.suntimes.com/csp/cms/sites/STM/dt.common.streams.StreamServer.cls?STREAMOID=t4wP4 b2KIDGk1hVfXGe7YGPb7UVDJBJDeYT$Rvi3PYUPDq7tdCeP62k HTBxgBvuF4Aw$6wU9GSUcqtd9hs3TFeZCn0vq69IZViKeqDZhq NLziaXiKG0K_ms4C2keQo54&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=guns-CST-121212.pdf (http://www.suntimes.com/csp/cms/sites/STM/dt.common.streams.StreamServer.cls?STREAMOID=t4wP4 b2KIDGk1hVfXGe7YGPb7UVDJBJDeYT$Rvi3PYUPDq7tdCeP62k HTBxgBvuF4Aw$6wU9GSUcqtd9hs3TFeZCn0vq69IZViKeqDZhq NLziaXiKG0K_ms4C2keQo54&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=guns-CST-121212.pdf)

[cclaxton]

Will the Maryland CC Appeal or the Illinois CC appeal case (I assume it will be appealed) make it to the Supreme Court first?
CC

[Ray Keith]

Will the Maryland CC Appeal or the Illinois CC appeal case (I assume it will be appealed) make it to the Supreme Court first?
CC

It is not a completely clear split among the 7th and 2nd Circuits, but probably close enough for the Supremes to take it. Getting a cert grant will be tough unless the Supremes agree that the issues are similar enough to consider it a split among the Circuits. The IL attorney general might not decide to appeal and rely on the legislature to enact a ridiculous may-issue scheme, that effectively operates as a continued ban like other states. Who knows but I think that will play into the calculation of trying to get the Supremes to grant Cert on the issue.

[RoyGBiv]

Wash. Times article by Emily Miller..
http://m.washingtontimes.com/news/2012/dec/13/gun-control-dilemma/


“The language of Moore strongly suggested that the ‘may issue’ is not going to fly,” said Mr. Gura. “It said that the right outside the home is just as important as inside.” As Judge Posner wrote, “A Chicagoan is a good deal more likely to be attacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower.”

[NickA]

Now the NRA has a Rahm Emanuel autograph, just like Gura and the SAF from the McDonald case:

http://armsandthelaw.com/archives/2012/12/chicagos_latest.php

[SeriousStudent]

Now the NRA has a Rahm Emanuel autograph, just like Gura and the SAF from the McDonald case:

http://armsandthelaw.com/archives/2012/12/chicagos_latest.php

From the article: "This is for attorney fees incurred while winning the main attorneys' fees award. Steve Halbrook emails that, seeing as Rahm Emanuel is becoming a regular contributor, they should at least send him a hat."

I'd pay cash money for a real photo of Rahm wearing an NRA hat. ;)

[Shellback]

ILLINOIS ENACTS NATION'S FINAL CONCEALED-GUN LAW (http://bigstory.ap.org/article/lawmakers-poised-override-quinns-gun-bill)

Illinois became the last state in the nation to allow public possession of concealed guns as lawmakers rushed Tuesday to finalize a proposal ahead of a federal court's deadline.

Both chambers of the Legislature voted to override changes Gov. Pat Quinn made to the bill they approved more than a month ago. Even some critics of the law argued it was better to approve something rather than risk the courts allowing virtually unregulated concealed weapons in Chicago, which has endured severe gun violence in recent months.

The Senate voted 41-17 in favor of the override Tuesday afternoon after the House voted 77-31, margins that met the three-fifths threshold needed to set aside the amendatory veto. Quinn had used his veto authority to suggest changes such as prohibiting guns in restaurants that serve alcohol and limiting gun-toting citizens to one firearm at a time.....

[tmoore912]

Look up in the Sky! Flying Pigs...............freaking Flying Pigs!



Coshocton Tribune
Illinois enacts nation's final concealed-gun law | Coshocton Tribune | coshoctontribune.com (http://www.coshoctontribune.com/usatoday/article/2503083)


The Illinois State Police would have six months to set up a system to start accepting applications. Spokeswoman Monique Bond said police expect 300,000 applications in the first year.

[NETim]

http://www.batguano.com/nuclear/tn27.jpg

[RoyGBiv]

Six months leaves room for MANY obstacles.
I'll continue hoping for the best and expecting the worst. Celebrate tonight, back to work tomorrow.