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02-02-13, 01:07 AM #1
Illinois Concealed Carry Ban Ruled Unconstitutional By Federal Appellate Court
Gun-rights advocates claimed a major victory on Tuesday when a federal appeals court in Illinois struck down the state's ban on carrying concealed firearms, in a ruling that may have national repercussions if appealed to the U.S. Supreme Court.
Before the 2-1 ruling, Illinois stood as the last state in the country maintaining an absolute prohibition on the carrying of concealed firearms by private citizens. The majority opinion, by Richard A. Posner of the Seventh Circuit Court of Appeals, found the ban on concealed weapons was unconstitutional under a 2008 Supreme Court decision overturning a sweeping handgun ban by the District of Columbia.
The Supreme Court's decision in 2008 firmly established a constitutional right to armed self-defense under the Second Amendment, Posner wrote.
"A right to bear arms thus implies a right to carry a loaded gun outside the home," he wrote.
The law banning concealed weapons was challenged in 2009 by gun rights groups suing on behalf of an Illinois woman violently attacked while volunteering at her church. The suit was funded by the National Rifle Association.
"Today's ruling is a victory for all law-abiding citizens in Illinois and gun owners throughout the country," said Wayne LaPierre, the NRA executive vice president.
The ruling gives the state 180 days to craft a law regulating the carrying of weapons. Many states, like New York and California, severely restrict the issuance of concealed carry permits. Other states, particularly in the West, have virtually no restrictions on such permits.
Illinois Attorney General Lisa Madigan, who fought the NRA lawsuit, is reviewing the ruling and will decide soon whether to appeal to the Supreme Court, a spokeswomantold NBC Chicago.
Gun control proponents called the ruling unfortunate and said they hoped the ruling would be appealed.
"Courts make mistakes," said Lee Goodman, an organizer with the Stop Concealed Carry Coalition. "That's why we have a process for appeal."
Illinois House Majority Leader Barbara Flynn Currie, who supports stricter gun control measures, said she hoped the ruling would be stayed until the Supreme Court had a chance to rule on an appeal. But if the state is forced to implement a concealed carry law, it should be severely restrictive, she said.
"There's no question that there are all kinds of limits one could impose," Currie told HuffPost.
Gun rights activists said that a restrictive concealed carry bill would be fought bitterly.
"I think the majority leader wants to have a ban without calling it a ban, and they don't have the votes to do it," said Todd Vandermyde, an Illinois-based lobbyist for the NRA.
"After going to court, we're not in the mood to compromise," he said.
Illinois Concealed Carry Ban Ruled Unconstitutional By Federal Appellate CourtDo not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
02-02-13, 01:41 AM #2
I hope they appeal also. That way the Supreme Court can shove their ban, and severely restrictive permits (ie. ban) up those states asses.'Political Correctness is a doctrine fostered by a
delusional, illogical liberal minority, and rabidly
promoted by an unscrupulous mainstream media, which
holds forth the proposition that it is entirely
possible to pick up a turd by the clean end!'
“A fear of weapons is a sign of retarded sexual and emotional maturity.” Sigmund Freud
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