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Tuesday, December 11, 2012

Illinois Federal Appeals Court Tosses Ban On Concealed Carry In Big Win For Gun-Rights Groups

By Susan Duclos

Federal Appeals Court in Chicago tossed Illinois' concealed carry ban and gave llinois' Legislature 180 days to craft a law legalizing concealed carry, according to Chicago Sun-Times. The Appeals Court decision overturned a lower courts ruling on two different cases where they upheld Illinois ban on concealed weapons.

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," Judge Richard Posner wrote in the court's majority opinion.

"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," he continued.

"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," Posner wrote.

"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," he continued.

"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," Posner said.

Needless to say the NRA is pleased with this ruling.

"Today's ruling is a major victory for law-abiding Illinoisans—and for everyone who understands that the Second Amendment protects the right both to keep arms, and to bear arms," added Chris W. Cox, executive director of NRA's Institute for Legislative Action. "This ruling makes clear that Illinois cannot deny law-abiding residents the right to carry a firearm for self-defense outside the home. This is a step in the right direction for all gun owners. We know it probably won’t be the end of this case, and we’re ready to keep fighting until the courts fully protect the entire Second Amendment."

7th Circuit Court overturns Illinois concealed carry ban