Posted on 12/11/2012 3:06:15 PM PST by rellimpank
Illinois is the only state in the country that does not make some provision for ordinary citizens to carry concealed firearms. But not for long. Today, the Seventh Circuit Court of Appeals said the state ban is unconstitutional because it violates the Second Amendment right to keep and bear arms.
It's a surprising decision, and it may not survive Supreme Court scrutiny. But it has forced state legislators, who have 180 days to draft a new conceal-carry law, to take the idea seriously -- something they have stubbornly refused to do.
There is a strong anti-gun culture in Illinois, particularly in Chicago -- whose total ban on handgun ownership was struck down by the Supreme Court in a landmark Second Amendment case.
(Excerpt) Read more at chicagotribune.com ...
The next battle will be against the onerous requirements for obtaining a permit, including costs, waiting periods, training, discretionary standards of the bureaucrats granting the permits, ammunition expense, requirements for background checks anew for every purchase, even if one was done for the permit, restrictions on where to carry, what day to carry, how many to carry, taxes on weapons and ammunition, restrictions on dealers, times of the day, method of concealment, caliber, barrel length, magazine capacity, and of course, political affiliation...
The battle is not yet won, but it is, perhaps, the end of the beginning...
Ka Ping !
The comments from the anti-self defense cult on that thread are awful, bunch of manginas having an upset cow fit, stamping their hooves in disaproval.
The decision in this case is a joy to read. Judge Postner demolishes every argument Lisa Madigan made and showed her to be the empty suit incompetent that she is.
The lower Court was ordered to find the Illinois statutes un-Constitutional, no ifs, ands, or buts. If the Legislature doesn’t act in 180 days there will be essentially NO restrictions on carrying a firearm in the State of Illnois. It would be true Constitutional carry.
So watch for the Illinois General Assembly to move at lightning speed on this. And Clueless Quinn will have to sign almost anything the send him.
In the immortal words of Flounder in Animal House: “oh boy, this is GREAT,”
L
See post 5 my friend.
As far as I know you won’t get a concealed carry in NY no matter how nicely you ask.
Interesting excerpts:
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.
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.
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 houseguest 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.
Moreover, there is no reason to expect Illinois to impose minimal permit restrictions on carriage of guns outside the home, for obviously this is not a state that has a strong pro-gun culture, unlike the states that began allowing concealed carriage before Heller and MacDonald enlarged the scope of Second Amendment rights.
A person who carries a gun in public but is not well trained in the use of firearms is a menace to himself and others.
Or NJ
Like I said, the decision is beautiful. And believe it or not, Illinois has a vey strong gun culture. Take a look at the number of gun makers in Illinois sometime.
Just look at how Governor Quinn’s recent attempt to impose a statewide ban on “assault weapons” was swatted down by the state legislature.
Without those rights you were NOTHING ~ Jews in France, for example, didn't get the right to "keep arms" until the 18th century.
The right to "bear arms" doesn't just mean carry them around in the definitions of that time ~ it means you could serve in an organized military unit, or in the militia, or on your own behalf. Again, this was, at that time, shorthand for a whole string of privileges that denoted rank in the recognized nobility.
French Jews could not carry arms until about the beginning of the last series of battles that made up what we call the French and Indian War. Men named "Israel" started showing up in the ranks of French soldiers!
If you wanted to know what NOT having the right to keep and bear arms was about you could talk to almost any medieval Jew anywhere on Earth.
Today, Jews all over America have the right to keep and bear arms EXCEPT IN NEW YORK CITY.
They are blind to their own servitude and low class existence.
Today is a great day of Jewish liberation in Illinois.
They will decide that you can never tell how a person will turn out or what he will do. So, you can apply for a permit pay the $1,500 applicaion fee and, if you never commit a crime, you will be issued that permit 7 days after your death as certified by a licensed, union health care professional.
Somehow, I doubt the 7th is gutsy enough to give the remedy the plaintiffs desired, which was striking down all unconstitutional laws, and merely threatens action if the legislature doesn't act.
Which of course, means we're talking Washington DC all over again - new laws that are almost impossible to accomplish, but might just squeak across the line of not inciting the 7th into outright action.
Message to the courts: If a law is unconstitutional, your SOLE action is to STRIKE THE UNCONSTITUTIONAL LAW! You have NO POWER to compel legislatures to make laws you like, only to strike down the laws they made.
You can bet that the legislature would be spurred into action if the court had actually done their job and simply made concealed carry a right until the state got around to bothering to regulate it.
This is a horrific message that the courts sent to the elite ruling class in Illinois. These commie slugs are terrified by citizens owning weapons. They saw what happened in Libya in 2011.
I know some people here hate Libya, but, boy-oh-boy, did the Libyan patriots send a message to elitist Nazis and fascists around the world. I was working with an Israeli company as a contractor when TSHF in Libya.
Nearly 70% of the army deserted after Kaddhafi ordered the Libyan army to kill Libyans. They headed home to their provinces to protect their families, taking their weapons with them. So, Kaddhafi ordered his southern mercenaries from Africa to kill the Libyan people. The Libyans exploded in rage.
Kaddhafi’s bureaucrats were shot dead in the streets. The mercenaries were hanged from lampposts across the country. The head of the Libyan army was dragged into the town square and had his brains blown out. Kaddhafi’s so-called elitist officers were hunted down and executed. Kaddhafi himself died spread-eagled on the hood of a SUV, shot by a militia member using Kaddhafi’s gold-plated semi-auto that he took from Kaddhafi’s holster.
American fascists and communists fear armed Americans because what happened in Kaddhafi’s totalitarian state could happen here.
Hanging from a lamppost does not get one a favorable mention in history books.
This requirement doesn’t mean that Illinois will now be a ‘shall-issue’ state, does it?
What’s to keep them from making the requirements so onerous that hardly anyone can get a permit?
My understanding of the ruling is that the federal court said the Illinois state legislature must enact a “shall-issue” law withing 180 days.
Thanks for the history lesson. Many writers have commented on how, in the United States, each man considered himself a member of a society of freeholders. The left denies this, and their “progressivism” is acutally a regressivism returning to the collective rights of feudal society.
One assumes the populace won't stand for frivolous defense of rights that the majority of Illinoisans wish to exercise, the goddamn state legislature notwithstanding.
If Lisa Madigan wants to prevent CCW, let her justify her budget to do so.
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