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 Posners deadline arrives, Gottlieb said. They need to act. They can no longer run and hide from this mandate.
We were delighted with Judge Posners ruling in December, he continued, and todays decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posners ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of ones 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 ones 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.
BTTT
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
keep pushing ‘em back!
Bump
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.
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.
The fact that we have to force the government to admit the Bill of Rights applies outside the house is patently ridiculously sad.
seeing how MASS schools will now punish children who complain about trannies in the girls bathroom, I fear we are closer than we think
Any thoughts on how this ruling affects the Maryland CCW case?
I'm in California... OH PLEASE, PLEASE, PLEASE!!!
God bless Judge Posner.
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!!!
Take that, Daddy's Little Girl!
No, we don’t want them to do anything in Springfield. Then we’ll have CCW without restriction.
GRRRRREAT news! Thanks for posting.
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!!!
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!
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!
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