CHICAGO (AP) — A federal court ruling tossing out Illinois' ban on concealed weapons might end the last such gun prohibition in the country, but not without an expected fight.
The question is whether the battle will be an appeal to the U.S. Supreme Court, which has been silent on the issue of concealed weapons, or a legislative confrontation over the court's order that Illinois adopt a law allowing concealed carry with "reasonable limitations" like other states have.
Illinois Attorney General Lisa Madigan's office said she is studying the issue, while gun control advocates quickly urged her to appeal Tuesday's ruling by the 7th U.S. Circuit Court of Appeals that Illinois' ban is unconstitutional. But the ban's defenders said they were more certain of fireworks over a second part of the ruling — an order for the Illinois Legislature to come up with a law legalizing the concealed carry of weapons within 180 days.
In the appellate ruling, Judge Richard Posner, author of the majority opinion, suggested that there was no excuse for the state not to join the rest of the nation when it comes to concealed weapons. He wrote, "There is no suggestion that some unique characteristic of criminal activity in Illinois justifies the state's taking a different approach than the other 49 states."
But the majority included the 180-day stay of its ruling 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," Posner wrote. The fight in the Legislature would be over what constitutes "reasonable limitations."
At the same time, Flynn Currie, the House Majority Leader, said she is encouraged by the court's silence on the right to carry concealed weapons, and wants Madigan to appeal the ruling.
The Supreme Court's rulings on the Second Amendment were "very limited, saying the home is your castle, and it didn't apply to other places," she said. "For that reason, it's worth checking on that question."
Federal Court Tosses Illinois Ban on Concealed Carry, But Fight's Not Over | CNS News
Associated Press December 12, 2012<<<<< More here, way more.
Another Defeat for Democrats and a Victory for the American People especially Illinoisans. . Now Illinois gets to join the rest of the Country in being allowed to carry. Plus they wont be able to restrict around schools, or anywhere else. As that would be a ban. Note what the Demo Politician says is the reason to take this to the Supreme Court. See the games the Democrat politicians play. Does anyone think her EXCUSE should be the reason to take this issue to the Supreme Court? Chicago and Illinois is not Special. What don't Illinois Politicians Understand about their own Mantra of Whats Fair for Everybody.
Just what is up with the Progressives and that mantra. Fairness for all. Equaling the Playing field so to speak. Shouldn't any arguments brought up by the left be smacked Right back down on them with their own words?