FINALLY Illinois ordered to observe the Bill of Rights wrt guns!

AMonger · Dec 11, 2012

http://www.ca7.uscou...&submit=showdkt

Illinois ban on Right to Carry ruled unconstitutional!

We have a ruling from the U.S. 7th Circuit Court of Appeals - The Supreme Court’s interpretation of
the Second Amendment therefore compels us to reverse
the decisions in the two cases before us and remand
them to their respective district courts for the entry
of declarations of unconstitutionality and
permanent injunctions.

Nevertheless we order our mandate
stayed for 180 days to allow the Illinois
legislature to craft a new gun law that will
impose reasonable limitations, consistent with the public
safety and the Second Amendment as interpreted in
this opinion, on the carrying of guns in public.
REVERSED AND REMANDED, WITH DIRECTIONS;
BUT MANDATE STAYED FOR 180 DAYS.

We win, the ban on carrying is unconstitutional!

LDB · Dec 11, 2012

Progress but I wouldn't get too enthused yet. You've got Emanuel, Obama and others who will work diligently to resurrect the ban in a winnable fashion.

layoutshooter · Dec 11, 2012

LDB said:
Progress but I wouldn't get too enthused yet. You've got Emanuel, Obama and others who will work diligently to resurrect the ban in a winnable fashion.

Those criminals you mentioned above are likely to have some judges shot.

AMonger · Dec 11, 2012

LDB said:
Progress but I wouldn't get too enthused yet. You've got Emanuel, Obama and others who will work diligently to resurrect the ban in a winnable fashion.

I'm following this in a forum dedicated to gun rights in Illinois. They list the state's remedies. Right now, the next step is SCOTUS, but the Heller case is already precedent there. The thinking is that would potentially drag it out a while, but it's really already been decided there.
Their next option would be to craft restrictions so onerous and detailed, that it would essentially negate the right i.e. can't carry within 500 feet of a school, church, government building, a police officer, etc. iow, sure you can carry, but you can't actually go anywhere. Then they make the qualification and fees so onerous... So yes, we're still looking at court battles ahead. May end up moving out of this state anyway, at least until the dust settles on this.
Chicago is going to be a problem. It's among the FEW places where more guns on the street may actually cause more problems than they solve, sorry to say, at least until they change their policies and actually start locking up violent criminals, which would be a change.

pandora2112 · Dec 11, 2012

Okay what was the original ban...a flat out on carrying on gun? If so how did they think it wasn't unconstitutional?!?

)O( ~ Namaste ~ )O(

AMonger · Dec 11, 2012

pandora2112 said:
Okay what was the original ban...a flat out on carrying on gun? If so how did they think it wasn't unconstitutional?!?

)O( ~ Namaste ~ )O(

Yep, flat out carry ban in all of Illinois, and not long ago, it was a flat-out ban on handgun ownership in Chicago, along with some of the suburbs. That lasted until the recent Heller decision, after which they've reluctantly repealed the ban on handgun ownership, subject to heavy restrictions. Illinois still has complete firearm registration, even shotguns. Chicago and DC were among the last holdouts pretending that the Second Amendment doesn't protect an INDIVIDUAL right to own and carry a gun.

layoutshooter · Dec 11, 2012

pandora2112 said:
Okay what was the original ban...a flat out on carrying on gun? If so how did they think it wasn't unconstitutional?!?

)O( ~ Namaste ~ )O(

,

It's easy. They don't believe in the Constitution. They want it gone.