federal okays Illinois concealed carry

[RUGERFAN314]

Christmas Comes Early for Illinois Concealed Carry Advocates

In a victory for gun rights advocates, a federal appeals court on Tuesday struck down Illinois' ban on carrying concealed weapons -- the only total concealed-carry ban in the country.

The 7th Circuit Court of Appeals gave state lawmakers six months to come up with their own version of the law that legalizes concealed carry.

"We're extremely pleased with the ruling," Illinois State Rifle Association leader Richard Pearson said. "Now that the court has ruled ... we will work as soon as possible with legislators to craft a concealed-carry bill for the state of Illinois."

The 2-1 decision marks a huge win for gun rights advocates who have argued that the ban on concealed weapons violates the U.S. Constitution's Second Amendment and what they see as citizens' right to carry guns for self-defense.

A new law could be in place by January, Pearson said. A bill has already been written by Rep. Brandon Phelps that includes background checks, field provisions and other issues.

"Christmas came early for law-abiding gun owners," said Phelps, whose proposed legislation came within three votes of passing in 2011.

 

[RUGERFAN314]

http://www.foxnews.com/politics/2012/12/11/federal-court-strikes-down-illinois-ban-on-carrying-concealed-weapons/

 

[WingRider]

Congratulations Illinois! This is a momentous day for the 2nd Amendment and for Illinois' law-abiding citizens!

WingRider

 

[z4ciao]

Yea! Congratulations!!!!

 

[RUGERFAN314]

I have family that lives over there an I hate going unarmed it's about time

 

[SmokinWill]

I'm looking forward to the CCW bill that will come out of the Legislature here. However, the Chicago machine Democrats are very powerful and I can foresee their influence being negative. And Rahm Emanuel will work hard to block anything reasonable.

 

[HoJo]

Welcome to America.

 

[Rhino]

Don't start counting chickens. Just because they must have concealed carry doesn't necessarily mean it will be shall issue or anything else substantially good. They'll go into this kicking and screaming just as they always have. California and Hawaii have concealed carry, but good luck trying to get a license there. I hope I'm wrong, but I'm betting Illinois will be more of the same.

 

[tricolordad]

Will Obama be leaving now?

 

[Telli97]

I am an il resident and I am elated with this news. The Chicago Machine of politicians can go stick it! As one of my shooting buddies stated, welcome to 1776...

 

[Rhino]

Even the court decision gives Illinois a blank check for heavy restrictions.
.

Moreover, there is no reason to expect Illinois
to impose minimal permit restrictions on carriage
of guns outside the home, for obviously this is not a state
that has a strong pro-gun culture...

They even cite New York as an example Illinois could follow. And they cited the 'proper cause' case too, as if was a good idea.
,

Even jurisdictions like New York State, where officials have
broad discretion to deny applications for gun
permits, recognize that the interest in self-defense
extends outside the home.

It's certainly better than nothing. Don't get me wrong. I just wish it was something better. Rather than using states like New York as an example Illinois could follow, I'd prefer a ruling that said heavy restrictions like those in New York were too onerous. But hey, I can dream!

 

[Rhino]

Oh, this is great.
.

States also permit private businesses and
other private institutions (such as churches) to ban
guns from their premises. If enough private
institutions decided to do that, the right to carry a
gun in public would have much less value and might
rarely be exercised—in which event the invalidation of
the Illinois law might have little effect, which opponents of
gun rights would welcome.

Nice of the court to suggest that, huh?

 

[jfisch]

"The 7th Circuit Court of Appeals announced Tuesday that state lawmakers have 180 days to write a new law that legalizes concealed carry."
"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."
As a former resident of Illinois who still has lots of friends/family I like to visit this is very exciting.

 

[anvil6]

What the 7th Circuit Court of Appeals has done is give the state 180 days (and they may interpret that to be business/legislative days) to "un-ban" concealed carry.
The State will craft legislation to avoid the unconstitutional BAN. At least one other state (Maryland) has been told their "good and sufficient reason" requirement for issue of a permit is unconstitutional. MD obtained a STAY (at the last minute) and are certainly dragging their feet on crafting any new legislation.

It will be very interesting to see what they ultimately pass into law - thru both legislative bodies and then signed by the Governor (or with a veto over-ride vote).

 

[father-of-three]

Oh, this is great.
.
Nice of the court to suggest that, huh?

I think I lost the court's 'suggestions' in my reply, but it reminded me of South Carolina. I'm not from South Carolina, so I'm just going by what I have read and if any South Carolinians wish to elaborate further, then by all means do so. Much of the 'flavor' of what I read of the South Carolina carry laws focuses on private institutions and private citizens having a say in not allowing firearms on their premises. That being said, South Carolina is still a shall issue state with very pro-gun laws, with the most significant one for me is allowing out of state residents carry a loaded gun in a glove box without a permit. I fear that they will be the next New Jersey, but then again, Wisconsin was quite impressive with their newly established carry laws. So we will have to see....

 

[Warrior1256]

Congratulations Illinois pro gun folks. Welcome to the rest of the country. However, you still have a rocky road ahead. The anti gun politicians will do everything in their power to make things extremely difficult.

I live in Kentucky. I have always wanted to visit your great state but have not done so because of its draconian gun laws.

 

[bfreak72]

Congrats Il. now watch the crime rate start slowly dropping.

 

[50SR9]

Very good news. Now to get the poor souls in Kommiefornia up to the same point.

 

[B2Tall]

Don't start counting chickens. Just because they must have concealed carry doesn't necessarily mean it will be shall issue or anything else substantially good. They'll go into this kicking and screaming just as they always have. California and Hawaii have concealed carry, but good luck trying to get a license there. I hope I'm wrong, but I'm betting Illinois will be more of the same.

Yup...and SCOTUS hasn't even weighed in yet, something I fully expect them to do....and when you consider how much leeway they've allowed states to severely limit CC/OC (the aforementioned Hawaii, NJ, etc.) the folks in IL shouldn't be holding their breath. Don't go buying those holsters just yet....

 

[champr]

While I hope Ill becomes a shall issue state or even a constitutional carry state, I would expect it to take on the may issue strange like others have said. Also, I expect this trying to be appealed and tied up in a legal battle for some time to come. We can hope for quick change to the current ban, it is very unlikely.