woo hoo! good guys won one. Illinios Concealed Carry info

[lee n. field]

ISRA Notice:
Decision in Shepard / Moore v Madigan
 

    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 Nos. 12-1269, 12-1788 21  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;

    The legislature has 180 days to change the law.

Illinois joins the 21th century.

[Perd Hapley]

Twenty-oneth century? Awesome! 

Congrats, Land of Lincoln.

[lee n. field]

We ain't quite there yet, but boy this is feeling good.

[lee n. field]

Chicago Tribume -- U.S. appeals court strikes down state's concealed-carry ban

Seventh Circus, Moore vs. Madigan

[charby]

That is pretty awesome!!

[birdman]

Looks like its possible the last state to ban CC might be changing.

http://blogs.suntimes.com/politics/2012/12/big_win_for_gun-rights_groups_federal_appeals_court_tosses_state_ban_on_carrying_concealed_weapons.html

[AZRedhawk44]

Now for that "full faith and credit" stuff.

[charby]

Merged.

[lupinus]

It'll be interesting seeing how badly the state tries to screw around.

[French G.]

It'll be interesting seeing how badly the state tries to screw around.

How dare your besmirch the fine reputation of Illinois! 

[Ron]

 

[kgbsquirrel]

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.

Yeah, and that law is probably going to look something like this....

[cynic]

- Applicants must pass a background check to include traffic violations and misdemeanors. It shall be deemed that any person ever charged with an offense that may carry a penalty greater than 1 dollar or 1 day imprisonment shall be a barred.

- The application cost for consideration of issuance shall be set at $1,000 with an automatic annual increase at a rate of one and one half times the rate of inflation specific to the State of Illinois.

- Application filing will be conducted between 0817 and 0823 on Tuesday mornings at a place to be determined by the State AG.

- Applications will take no longer than 900 days, and no less than 600 days to allow for thorough background investigation, from date of filing to be approved or denied.

- Applicants must have a minimum 100 certified hours of concealed carry and pistol shooting training at a Chicago police training range, and shall be required to maintain a minimum of 50 certified hours of training per year to maintain their concealed carry permit. The availability of the police training range to be at the convenience of the CPD.

- It shall be deemed that the current or prior holding a public office or employment in the State, County or City legislatures, government or law enforcement agency shall be considered the equivalent of holding a concealed carry permit in good standing.

[Scout26]

Decision in Shepard v Madigan and Moore v Madigan:
 

  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 Nos. 12-1269, 12-1788 21 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;

The Illinois legislature has 180 days to change the law.

 

[cosine]

Merged again. 

[lupinus]

How dare your besmirch the fine reputation of Illinois! 

I know, what was I thinking?

It'll be interesting seeing how badly the state tries to screws around.

FTFM

[Ron]

Blood is going to run in the streets of Chicago! 

Oh wait, the blood is already running in the streets.

I guess I'll have my own conceal carry permit later this summer. 

[drewtam]

First, woohoo, time to celebrate.


Second, others are speculating that if nothing is passed the legislature in 180days, then the court may force constitution carry until passed.

[Scout26]

There's a concealed carry bill that been floating around (HB148), it was full of compromises, but it would have least opened the door.

All bets are off.  Rep Brandon Phelps (D, yes a Democrat) was the sponsor of that bill.

Phelps fought unsuccessfully in the House to pass concealed weapons legislation with a long set of restrictions, but he warned opponents of his legislation may regret they had not supported it when they had a chance. Now, he said, he “can’t see us” going forward with legislation that has as many restrictions as the bill that failed.

The prior bill largely limited carrying weapons to when a person was in a car, walking into a house and out on a sidewalk, and it specifically disallowed guns to be carried in churches, schools, gymnasiums, sporting events, bars and businesses, Phelps said.

He said no decision has been made on which restrictions in his previous legislation would be removed in a new bill.

Phelps warned that gun control groups who might want to appeal the issue to the U.S. Supreme Court might put strict laws in other states in jeopardy

The interesting thing is that this will put the laws other states with "May Issue" in jeopardy, even if the anti's aren't dumb enough to appeal the USSC.

Rumour has it that Speaker of the Illinois House, Mike Madigan (father of our state AG Lisa Madigan) will put together a sham bill that includes a AWB and the restrictions previously mentioned along with any others they think they can get away with.  

[MillCreek]

Chicago Tribume -- U.S. appeals court strikes down state's concealed-carry ban

Seventh Circus, Moore vs. Madigan

I especially liked how you called it the Seventh Circus instead of Circuit.

[lee n. field]

First, woohoo, time to celebrate.


Second, others are speculating that if nothing is passed the legislature in 180days, then the court may force constitution carry until passed.

They're calling it the "CCW Cliff".

 

[lee n. field]

I especially liked how you called it the Seventh Circus instead of Circuit.

Oh, did I slip up?

[lee n. field]

Time to start looking for a nice tooled leather holster for my shiny nickel S&W, suitable for an outdoor BBQ.  Yeah, dream on.

[Strings]

Good luck, IL!

I know it almost surprised me, when we passed CCW. All those years of fighting, and it happened almost overnight.

>Second, others are speculating that if nothing is passed the legislature in 180days, then the court may force constitution carry until passed.<

We had something similar happen: court ruled on a concealed carry case, found the law unconstitutional, and put in their ruling a note to the legislature to come up with some form of permitting system. Was a few years later before we actually got it...

[wmenorr67]

Could we be that far away now from the 14th Amendment taking hold and permits are valid country wide no matter where issued.  Granted IMHO we don't need no stinking permits, but that is a different argument.

[Hawkmoon]

>Second, others are speculating that if nothing is passed the legislature in 180days, then the court may force constitution carry until passed.<

In reality, the court has effectively already mandated "Constitutional carry" if the legislature doesn't write an acceptable law within 180 days. The current law has been ruled unconstitutional, with a stay of 180 days. That means as of 181 days, the current law ceases to apply and does not have any validity. Remember, the general principle is that if a law doesn't say something is NOT legal ... it's legal.

The Illinois state constitution says:

ARTICLE I, SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

"Subject only to the police power" means subject to the power of the legislature to write a law regulating it. Otherwise, the right CANNOT be infringed. So if there's no replacement law after 180 days, Illinois defaults to Constitutional carry automatically. ( I think ... IANAL).