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7TH CIRCUIT LETS POSNER RULING STAND; HUGE WIN FOR CCW, SAYS SAF [IL]
Second Amenment Foundation ^ | February 22, 2013 | Staff

Posted on 02/22/2013 4:00:14 PM PST by lbryce

I took the liberty to rephrase the title in a manner that was more coherent

The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.

The ruling came in Moore v. Madigan, a case filed by SAF. The December opinion that now stands was written by Judge Richard Posner, who gave the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.” That clock is ticking, noted SAF Executive Vice President Alan Gottlieb.

“Illinois lawmakers need to create some kind of licensing system or face the prospect of not having any regulations at all when Judge Posner’s deadline arrives,” Gottlieb said. “They need to act. They can no longer run and hide from this mandate.”

“We were delighted with Judge Posner’s ruling in December,” he continued, “and today’s decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posner’s ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door.”

In December, Judge Posner 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.”

Judge Posner subsequently added, “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 now up to the legislature,” Gottlieb said, “to craft a statute that recognizes the right of ordinary citizens to carry outside the home, without a sea of red tape or a requirement to prove any kind of need beyond the cause of personal protection.”

The ruling also affects a similar case filed by the National Rifle Association known as Shepard v. Madigan.

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Illinois
KEYWORDS: banglist; guncontrol; guns; secondamendment
Making this post for the first time since Free Republic went offline for me is like having been completely immobilized, kept under tons of rock in a cave in for a week and then finally taking my first steps.
It just feels GREAT!!!
1 posted on 02/22/2013 4:00:35 PM PST by lbryce
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To: bang_list

BTTT


2 posted on 02/22/2013 4:03:23 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: lbryce

Do you think that in 1950, being told that the second amendment applies outside your house as well as inside would be seen as a huge victory?

I think they would look at you like you’d been to Pluto


3 posted on 02/22/2013 4:19:30 PM PST by GeronL (http://asspos.blogspot.com)
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To: lbryce

keep pushing ‘em back!


4 posted on 02/22/2013 4:35:32 PM PST by RC one (.From My Cold Dead Hands.)
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To: lbryce

Bump


5 posted on 02/22/2013 4:37:37 PM PST by Jet Jaguar
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To: GeronL

seeing that they still had shooting ranges at public schools and you could mail order guns from a magazine ad, in 1950, i’d say you’re right.


6 posted on 02/22/2013 4:39:08 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: GeronL

I am waiting for the day that the Fascists tell us that we can say or believe in anything we want as long as it is inside the home but that outside in public we be good little socialist subjects.


7 posted on 02/22/2013 4:39:53 PM PST by WMarshal (Free citizen, never a subject or a civilian)
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To: Secret Agent Man

The fact that we have to force the government to admit the Bill of Rights applies outside the house is patently ridiculously sad.


8 posted on 02/22/2013 4:40:12 PM PST by GeronL (http://asspos.blogspot.com)
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To: WMarshal

seeing how MASS schools will now punish children who complain about trannies in the girls bathroom, I fear we are closer than we think


9 posted on 02/22/2013 4:44:44 PM PST by GeronL (http://asspos.blogspot.com)
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To: lbryce

Any thoughts on how this ruling affects the Maryland CCW case?


10 posted on 02/22/2013 4:51:16 PM PST by SnuffaBolshevik (In a tornado, even turkeys can fly.)
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To: lbryce
"A right to bear arms thus implies a right to carry a loaded gun outside the home.”

I'm in California... OH PLEASE, PLEASE, PLEASE!!!

11 posted on 02/22/2013 4:58:53 PM PST by Carry_Okie (The environment is too complex and too important to be "protected" by government.)
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To: GeronL

God bless Judge Posner.


12 posted on 02/22/2013 5:35:39 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Lurker
Ain't that the truth! Daddy's Little Girl Lisa (Madigan) was warned when the 7th Circuit Court ruled several months ago that Illinois must have Conceal-Carry "not to test" the court on its ruling.

Daddy's Little Girl Lisa just wasted several months AND Taxpayer Dollars in trying to appeal the ruling. But then, Liberals really don't care how many Taxpayer Dollars they waste in the pursuit of their Socialist/Marxist agenda.

I'm just glad the court bitch-slapped Daddy's Little Girl Lisa back down and told her "the clock is ticking" .....

We now need to organize a sustained CALL/eMail/Physical Visits to the State Legislature to pressure then to do as the court directed and pass a Conceal-Carry law for Illinois.

Enough dicking around!!!

13 posted on 02/22/2013 5:39:38 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative
Oh, and for the record:

Take that, Daddy's Little Girl!

14 posted on 02/22/2013 5:41:08 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative

No, we don’t want them to do anything in Springfield. Then we’ll have CCW without restriction.


15 posted on 02/22/2013 7:06:26 PM PST by guinnessman
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To: lbryce

GRRRRREAT news! Thanks for posting.


16 posted on 02/22/2013 7:29:39 PM PST by PGalt
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To: Lurker

YESSSSSSS. This means we can bear arms. Strap it on boys and girls!! You can unconceal!!! If someone messes with you shoot that turkey!! YESS!! and BTW , the 2nd amendment was for tyrannical GOVERNMENTS!!! Lock and load!!!


17 posted on 02/22/2013 7:40:59 PM PST by willardwx
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To: lbryce
Hot damn! Up yours, Madigan and Rahm and McCarthy...all you ahole socialist politicians in Chicago's City Hall. And to the thugs who roam the transportation systems, the neighborhoods of law-abiding, tax-paying citizens, you had better watch your azz...WE'RE HERE and YOU could become a statistic next time around.
18 posted on 02/23/2013 12:11:48 AM PST by itssme
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To: usconservative
OMG,that is great! That would have made a great Valentine's Day card to Daddie’s Little Girl. Maybe I'll print up a belated card and send it to her. ;)

Any time we can get one over on these entrenched “socialist-democratic” machine politicians, we must do what we can to rub salt in their wounds...they MUST suffer as they have made us suffer. The hell-hole that is Chicago shall rise again!

19 posted on 02/23/2013 12:21:14 AM PST by itssme
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To: usconservative
OMG,that is great! That would have made a great Valentine's Day card to Daddie’s Little Girl. Maybe I'll print up a belated card and send it to her. ;)

Any time we can get one over on these entrenched “socialist-democratic” machine politicians, we must do what we can to rub salt in their wounds...they MUST suffer as they have made us suffer. The hell-hole that is Chicago shall rise again!

20 posted on 02/23/2013 12:21:31 AM PST by itssme
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To: Lurker; lbryce

Judge Posner and the Economics Department at the University of Chicago are the only same group of people in Ill-annoy. Professor John Lott, “More guns Less Crime, hails” from the Univ. of Chicago Econ dept.....


21 posted on 02/23/2013 4:15:00 PM PST by 4Liberty (Some on our "Roads & Bridges" head to the beach. Others head to their offices, farms, libraries....)
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To: 4Liberty

only same group = only sane group


22 posted on 02/23/2013 4:15:54 PM PST by 4Liberty (Some on our "Roads & Bridges" head to the beach. Others head to their offices, farms, libraries....)
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