7th Circuit Court of Appeals Says 2A Applies Outside The Home - IL CCW to Follow?

[30 cal slut]

I know, we had some disappointing rulings from NY but this is encouraging.

http://www.ca7.uscourts.gov/tmp/NY0MKV7Y.pdf

Pages 20-21:

We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense. Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden. 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.

[Cincinnatus]

Interesting. Does this overturn any specific IL laws?

[SeriousStudent]

This could be very good. Thanks for the info.

I will not start holding my breath, however, given the make-up of the political bodies in Illinois.

I do wish good luck to all our friends up north.

[30 cal slut]

Interesting. Does this overturn any specific IL laws?

IL is the only state that doesn't have some form of legal CCW. Only LE's and peace officers (like Chicago councilmen) can carry. IIRC, there is also a guard card for security. But no civilian CCW.

720 ILCS 5/24-1

Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:

...

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state;

or (ii) are not immediately accessible;

or (iii) are unloaded and enclosed in a case,

[nineteenkilo]

Here's another link

[Eurodriver]

IL is the only state that doesn't have some form of legal CCW. Only LE's and peace officers (like Chicago councilmen) can carry. IIRC, there is also a guard card for security. But no civilian CCW.

While that may be true, lets not get ahead of ourselves.

While I lived in Hawaii I applied for a CCW. Despite having zero criminal record, I was denied because I didn't prove enough of a "need".

(I.E. I hadn't been murdered yet)

[gunrunner505]

http://blogs.suntimes.com/politics/2...d_weapons.html

[ryr8828]

Posner finally made a decision? I see he stalled us off of our constitutional rights by 6 months though.

[AK47guy81]

Not if Eric Holder has anything to say about it...

[gunrunner505]

The 6 month delay is under the auspices of giving our "elected representatives", I refuse to call them officials as that would indicate competence, time to write a law. You know they will use every second and dirty trick to try and weasel out of it but it looks like the debate at least is over. Finally.