Illinois gun carrying ban ruled unconstitutional

Second Amendment

Illinois has the distinction of being the only state that has no form of concealed carry law on the books.  In short, they figure you have no right to take a gun outside of your house (though I’m assuming there’s some way to transport it to a gun range or hunting grounds or something).  However, it looks like their take on it has been ruled unconstitutional by the Seventh Circuit Court of Appeals.

In today’s decision, Judge Richard Posner ruled that Illinois’ ban on carriage is unconstitutional. The Judge went on to say, “One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to 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 than in his apartment on the 35th floor.”

Judge Posner is 100 percent correct about when a Chicagoan is likely to need his firearm.  However, it appears that the ruling includes instructions for the state legislature to enact some form of concealed carry rather than pusing through a “constitutional carry” situation where all are free to carry in any manner they choose.

Still, gun rights advocates are celebrating this as a triumph.

An appeal by the state could push a Supreme Court confrontation that would determine a new dimension in gun rights.  However, the state of Illinois should remember the McDonald decision well, as that dealt with a law in that state’s largest city.  They may also remember Heller, which also strengthened the Second Amendment.  I suspect the state would be less than happy with a SCOTUS case.

Still, we will see what happens as far as that goes.  However, for Illinois residents, this is still welcome news.  You will soon have the chance to carry a firearm for your own protection.  Let’s just hope they go “shall issue” verus “may issue” on that front.

 


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