7TH CIRCUIT LETS POSNER RULING STAND; HUGE WIN FOR CCW, SAYS SAF
For Immediate Release: 2/22/2013
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.”
Read the rest and mark your calenders. I want to see just what happens in Illinois with this one.
After decades of being lectured about how the 2nd Amendment is a collective and not an individual right, the various legal decisions of recent years are wonderful. Finally, judges are waking up to the fact that the 2nd Amendment is an individual right, just as valid and important (perhaps more so) as the 1st Amendment.
This is one case where the tide of history is finally coming our way.
Without the right of self defense and the means to carry that out, you have no rights at all. How difficult a concept is that? At its heart, that is the point of the 2nd Amendment.
We may have an unfettered right to our speech, our faith and our press, but what do any of those mean when any bully (or LEO blindly enforcing his idea of the law) can beat us into submission? Theoretically we enjoy the protection of federal, state, county and city LEOs, but the historic reality is that just isn’t valid in all cases. The two major problems with that are; 1) When seconds count, the police are minutes away. 2) The LEOs have regularly been the perpetrators of crimes against individual rights.
Ask MC Hammer about that one. Just this morning, I read an article about how the rapper turned Christian minister was recently arrested by a dumb ass cop for the crime of being black. Oh yeah, it happened right here in Liberal California.
From ABC News (I had to look for this one):
MC Hammer Tweets About His ‘Teachable Moment’ Arrest
You bloody well know that the “crafting of a new law with reasonable restrictions” is going to be so unreasonable as to not exist even if it does.
I half expect the Illinois legislature to drag it’s feet and not pass anything within the proscribed timeline - and then some poor kid will get shot for obeying the law.