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Did the 7th Circuit just smack down Illinois?
#1
It appears this has just been released...

http://www.volokh.com/2012/12/11/seventh...in-public/


Quote: Majority on divided three-judge Seventh Circuit panel invalidates under the Second Amendment an Illinois law forbidding most people from carrying a loaded gun in public: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Joel M. Flaum joined. Circuit Judge Ann Claire Williams issued a dissenting opinion.

Update: The majority opinion concludes: “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.”

Wow... Wootwoot
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“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

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#2
It doesn't mean anything until SCOTUS holds the same legal opinion, and even then, it doesn't mean much.
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#3
Valorius;51532 Wrote:It doesn't mean anything until SCOTUS holds the same legal opinion, and even then, it doesn't mean much.

If it makes it THAT far, then it would be a bad day for the whole country, most likely....
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#4
Valorius;51532 Wrote:It doesn't mean anything until SCOTUS holds the same legal opinion, and even then, it doesn't mean much.

If they deny cert it doesn't matter (it's the same as affirming a district court ruling).
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#5
It's a great ruling for the people of ILLinois, but the fight there is far from over.
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#6
Valorius;51532 Wrote:It doesn't mean anything until SCOTUS holds the same legal opinion, and even then, it doesn't mean much.

Yes, I can see Illinois appealing, not sure I see the point. Hasn't SCOTUS already ruled on this via Heller and MacDonald?

RugerGirl;51533 Wrote:If it makes it THAT far, then it would be a bad day for the whole country, most likely....

Wat?
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#7
Valorius;51536 Wrote:It's a great ruling for the people of ILLinois, but the fight there is far from over.

For sure, but I think it's a good opinion, and a nice step in the right direction down a long road. Like Maryland.

Better than having it go the other way though.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#8
Curmudgeon;51539 Wrote:
Valorius;51532 Wrote:It doesn't mean anything until SCOTUS holds the same legal opinion, and even then, it doesn't mean much.

Yes, I can see Illinois appealing, not sure I see the point. Hasn't SCOTUS already ruled on this via Heller and MacDonald?


The majority opinion quoted from both Heller and MacDonald extensively so I really think that the new opinion should stand. Unless it is appealed to the full court of the 7th and they overturn this panel, which is doubtful based on the logic of the two majority members, I don't see this as doing anything but good for the folks of Illinois.
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#9
And from the4 NRA ILA...

Quote:Victory for Self-Defense and the Second Amendment

Posted on December 11, 2012

Fairfax, Va. – The United States Court of Appeals for the Seventh Circuit ruled today that Illinois' total ban on carrying firearms for self-defense outside the home or business is unconstitutional. The case involves lead plaintiff Mary Shepard, an Illinois resident and a trained gun owner, who is licensed to carry a concealed handgun in both Utah and Florida. The National Rifle Association is funding this case. The Illinois State Rifle Association is a co-plaintiff in this case.

“Today’s ruling is a victory for all law abiding citizens in Illinois and gun owners throughout the country,” said Wayne LaPierre, Executive Vice President of NRA. “The court recognized that the text and history of the Second Amendment guarantee individuals the right to carry firearms outside the home for self-defense and other lawful purposes. In light of this ruling, Mary Shepard and the people of Illinois will finally be able to exercise their Second Amendment rights.”

On September 28, 2009, while working as the treasurer of her church, Ms. Shepard and an 83-year-old co-worker were viciously attacked and beaten by a six-foot-three-inch, 245 pound man with a violent past and a criminal record. Ms. Shepard and her co-worker were lucky to survive, as each of them suffered major injuries to the head, neck and upper body. Ms. Shepard's injuries required extensive surgeries and she continues physical therapy to this day attempting to recover from her injuries.

In today’s decision, Judge Richard Posner ruled that Illinois’ ban on carriage is unconstitutional. The Judge went on to say, “One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. . . . Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk than in his apartment on the 35th floor.”

"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."

http://www.nraila.org/news-issues/news-f...px?s&st&ps

2012 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.
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“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#10
http://www.seattlepi.com/news/us/article...108504.php

Quote:CHICAGO (AP) — In a big victory for gun rights advocates, a federal appeals court on Tuesday struck down a ban on carrying concealed weapons in Illinois — the only state where it had remained entirely illegal.

The 7th U.S. Circuit Court of Appeals said state lawmakers have 180 days to write a new law that legalizes concealed carry.

Read more: http://www.seattlepi.com/news/us/article...z2ElwVvjxx
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