The refusal of the 7th Circuit to grant Illinois Attorney General Lisa Madigan an en banc hearing is a win for concealed carry in that state. While the question remains whether Madigan will appeal to the US Supreme Court, in the meantime the Illinois General Assembly has to get to work on a concealed carry law that would pass the court’s muster.
As you can imagine, the Second Amendment Foundation is thrilled with the refusal to grant an en banc hearing.
7TH CIRCUIT LETS POSNER RULING
STAND; HUGE WIN FOR CCW, SAYS SAF
BELLEVUE, WA – The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.
The ruling came in Moore v. Madigan, a case filed by SAF. The December opinion that now stands was written by Judge Richard Posner, who gave the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.” That clock is ticking, noted SAF Executive Vice President Alan Gottlieb.
“Illinois lawmakers need to create some kind of licensing system or face the prospect of not having any regulations at all when Judge Posner’s deadline arrives,” Gottlieb said. “They need to act. They can no longer run and hide from this mandate.”
“We were delighted with Judge Posner’s ruling in December,” he continued, “and today’s decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posner’s ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door.”
In December, Judge Posner wrote, “The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.”
Judge Posner subsequently added, “To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.”
“It is now up to the legislature,” Gottlieb said, “to craft a statute that recognizes the right of ordinary citizens to carry outside the home, without a sea of red tape or a requirement to prove any kind of need beyond the cause of personal protection.”
The ruling also affects a similar case filed by the National Rifle Association known as Shepard v. Madigan.