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Illinois | Ban on Guns within 1,000ft of Parks are Unconstitutional
Ammoland ^
| 8 February, 2018
| Dean Weingarten
Posted on 02/09/2018 11:33:31 AM PST by marktwain
The Supreme Court of Illinois has ruled that a state ban on carrying guns within a 1,000 feet of a park is obviously unconstitutional. It is unconstitutional because it directly implicates the core right of self-defense.
From reason.com:
Yesterday the Illinois Supreme Court unanimously ruled that a state ban on carrying guns within 1,000 feet of a public park violates the constitutional right to bear arms. The decision in People v. Chairez extends the logic of prior rulings by the same court and by the U.S. Court of Appeals for the 7th Circuit holding that Second Amendment rights exist outside the home and cannot be categorically restricted without a strong justification.
The decision is a number of pages long, and is well written. For those who do not have the time to read it in its entirety, this paragraph explains the logic of the court. From People v. Chairez at illinoiscourts.gov:
We believe the State defines the core right protected by the second amendment too narrowly. According to this courts holding in Aguilar, neither Heller nor McDonald expressly limited the second amendment protections to the home. Aguilar, 2013 IL 112116, ¶¶ 18-20. To the contrary, both Heller and McDonald at least strongly suggest that the second amendment right to keep and bear arms extends beyond the home. Id.¶ 20. Moreover, the States reliance on Skoienwhich did not involve the core self-defense component of the right to bear armsis misplaced. We find that the 1000-foot firearm restriction at issue more closely resembles the restrictions at issue in Ezell I, Ezell II, Moore, and Aguilar.
(Excerpt) Read more at ammoland.com ...
TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Illinois
KEYWORDS: 1000; banglist; gunban; il; illinois
This may be the start of rolling back irrational gun free zones.
1
posted on
02/09/2018 11:33:31 AM PST
by
marktwain
To: marktwain
I don’t know about ‘unconstitutional’, but I’ve always said these ‘1000 feet’ exclusion zones are stupid. Even for other stuff like liquor stores cannot be located within 1000 feet of a church or school...................
2
posted on
02/09/2018 11:37:47 AM PST
by
Red Badger
(Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
To: marktwain
Ban on Guns within 1,000ft of Parks are Unconstitutional Ban are, huh?
High level journalism.
The ban are.
Yep.
To: humblegunner
Ban are, huh?
Yes, it are.
4
posted on
02/09/2018 11:43:09 AM PST
by
Sopater
(Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
To: Red Badger
I like how local news talks about this crime or that occurring 'within a mile of a school.'
I'll bet that there isn't a single place in many cities that isn't within a mile of a school of some description.
5
posted on
02/09/2018 11:44:30 AM PST
by
Quality_Not_Quantity
(Capitalists sign their checks on the front. Socialists sign theirs on the back.)
To: humblegunner
6
posted on
02/09/2018 11:46:11 AM PST
by
marktwain
(President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
To: humblegunner
7
posted on
02/09/2018 11:47:19 AM PST
by
vette6387
To: humblegunner
“The ban are.”
And there I though Ebonics was dead!
8
posted on
02/09/2018 11:48:22 AM PST
by
vette6387
To: marktwain
It's safe to be armed here but too dangerous there?
That's just silly.
9
posted on
02/09/2018 11:49:00 AM PST
by
BitWielder1
(I'd rather have Unequal Wealth than Equal Poverty.)
To: Quality_Not_Quantity
10
posted on
02/09/2018 11:49:10 AM PST
by
Red Badger
(Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
To: humblegunner
“The ban are.”
Ever listen to British soccer? For example, “Liverpool are the winners.”
11
posted on
02/09/2018 12:23:45 PM PST
by
beelzepug
(The permanent political class that runs this country is...the great(est) danger we face)
To: marktwain
I didnt figure that Illinois even bothered with any kind of weapons legislation at all judging by the freedom loving gun toting gangs in Chicago.
12
posted on
02/09/2018 12:37:44 PM PST
by
Delta 21
(Build The Wall !! Jail The Cankle !!)
To: vette6387
13
posted on
02/09/2018 1:03:14 PM PST
by
BenLurkin
(The above is not a statement of fact. It is either satire or opinion. Or both.)
To: humblegunner
Ban are, huh?
Don't axe me.
14
posted on
02/09/2018 3:06:50 PM PST
by
867V309
(Lock Her Up)
To: marktwain
Despite the obvious grammar issue, I don’t put deodorant on guns anyway.
15
posted on
02/09/2018 3:52:43 PM PST
by
LeoTDB69
To: LeoTDB69
16
posted on
02/09/2018 3:54:23 PM PST
by
Kiss7
To: marktwain
Kudos for linking directly to the decision itself!
17
posted on
02/09/2018 9:06:56 PM PST
by
zeugma
(Power without accountability is fertilizer for tyranny.)
To: humblegunner
Don't make David Ban Are mad.
18
posted on
02/09/2018 9:13:41 PM PST
by
Larry Lucido
(Take Covfefe Ree Zig!)
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