* Attorney General Lisa Madigan…
“The court gave 180 days before its decision will be returned to the lower court
to be implemented. As our office reviews what legal steps can be taken, that
time period enables the legislature to consider whether it wants to take
* Second Amendment Foundation…
The Second Amendment Foundation has won a huge victory for the right to bear arms outside the home, with a ruling in the Seventh Circuit Court of Appeals that declares the right to self-defense is “broader than the right to have a gun in one’s home.”
The case of Moore v. Madigan, with Judge Richards Posner writing for the majority, gives 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.”
“We are very happy with Judge Posner’s majority opinion,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This is a victory for Illinois citizens who have been long denied a right recognized in the other 49 states; to have the means necessary for self-defense outside the home.
“In the broader sense,” he added, “this ruling affirms that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door. This is a huge victory for the Second Amendment.”
“The Second Amendment,” Judge Posner writes, “states in its entirety that ‘a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.’ 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.
Later, Judge Posner adds, “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.”
“That the court will give Illinois lawmakers six months to craft a law allowing carry outside the home recognizes that the right to bear arms means what it says,” Gottlieb concluded. “The ball is now in the Legislature’s court, and we eagerly wait to see how well they can live up to their responsibility.”
* Illinois State Rifle Association…
URGENT ALERT – YOUR IMMEDIATE ACTION REQUIRED
7TH CIRCUIT COURT OF APPEALS DIRECTS ILLINOIS GENERAL ASSEMBLY TO PASS CONCEALED CARRY BILL
BOTTOM LINE UP FRONT:
The 7th Circuit Court of Appeals has rendered a decision in the Shepard/Moore v. Madigan case that states that Illinois’ ban on concealed carry is unconstitutional. The court further directs the legislature to pass a concealed carry bill within 180 days. Although the announcement of this court ruling would appear to be good news for self-defense advocates, it is really nothing more than the first volley in what will be a heated battle to preserve and protect our gun rights. The gun control movement, headed by Illinois Attorney General Lisa Madigan, will be introducing a concealed carry bill of their own for the sole purpose of satisfying the court order. Madigan’s bill is sure to be a sham that will be so restrictive and impractical that only very few Illinois citizens would even qualify for a carry permit – most citizens would remain unprotected from criminals. Information obtained from within the Madigan organization indicates that the anti-gunners will piggyback an “assault weapons” ban and other onerous gun control legislation on the concealed carry bill. In order to prevent Madigan from hijacking concealed carry, Illinois gun owners need to step up and let their voices be heard on this issue.
HERE IS WHAT YOU NEED TO DO TO GET A GOOD CONCEALED CARRY BILL PASSED:
1. Contact your State Representative and State Senator. Politely advise them that you are a law-abiding firearm owner and that you support the court of appeals decision in the Shepard case. Politely advise them that you want them to vote against any sham concealed carry bill that Lisa Madigan will try to push. Politely tell them that you want them to vote for HB 148, the Family and Personal Protection Act. Advise them that you will not support any concealed carry bill that contains provisions that would discourage the average citizen from seeking a carry permit such as exorbitant fees, impossible training requirements, or excessive red tape. Advise them that you will only support a “clean” concealed carry bill that does not try to sneak through gun control schemes. If you do not know who your State Representative and/or State Senator is, please visit the Illinois State Board of Elections website link here.
2. Pass this alert along to your family and friends. Encourage them to contact their representatives as well.
3. Post this alert to any and all internet blogs or bulletin boards to which you may belong.
* Sen. John Sullivan…
“I am extremely pleased with today’s decision and could not agree more that the time has come for Illinois to join the 49 other states where it’s legal to carry a gun for self-defense in a public place,” Sen. Sullivan said. “I look forward to working with my colleagues to draft a law that finally respects Illinoisans’ Second Amendment rights and makes our state a safer place for law-abiding citizens.”
Illinois law currently prohibits carrying a loaded weapon outside one’s own home, with exceptions for hunters, law enforcement officers and a few other types of individuals. Following the United States Supreme Court’s lead, the appeals court in a 2-1 decision declared that the right to bear arms includes a right to self-defense and that people need to defend themselves and their families in a variety of settings, not just in their homes. The court suggested some restrictions would still be permissible but unequivocally stated that Illinois may no longer remain the last hold-out in the nationwide movement to allow concealed carry.
* Sen. Bill Brady…
“The court’s welcome ruling today is a recognition that law-abiding citizens in Illinois have a right to defend and protect themselves, just as the citizens of the 49 other states do. In today’s society, men and women should have an opportunity to be as safe on the streets as they are in their own homes.”
“I have consistently supported measures to allow our citizens to carry concealed weapons and will work with my colleagues in the legislature to write a responsible law that meets that goal as well as to provide for safe enforcement of it. I would hope that all Illinois officials use their energy to craft a concealed carry law with appropriate safeguards that will make Illinois the model for implementation of concealed carry laws, rather than using those resources to appeal today’s ruling.”
* Congressman Joe Walsh…
“This ruling is a victory for Illinois residents and will give them the constitutional right to defend themselves, as has been established in every other state in the country,” Walsh said. “Illinois has some of the most restrictive gun laws in the country and yet crime rates have soared, including a 49% jump in shootings in Chicago this past November. The right to possess and carry weapons is enshrined in our Constitution, and I am glad that this has been recognized by the Federal Courts.”
Walsh has been on the front lines of the Second Amendment debate. In June, Walsh and three other Members of the Illinois delegation sent a letter to Governor Pat Quinn urging him to give residents their constitutional right to protect and defend themselves.
“I respect the right of gun ownership, and I will remain steadfast in protecting all Americans’ Second Amendment right to bear arms.”
* State Rep. Jason Barickman…
“This court decision reinforces what many of us downstate have advocated for years; that our Second Amendment rights do not simply disappear when we step outside our home,” said Rep. Barickman. “I would hope that this opinion paves the way for a vote on a conceal carry measure during the upcoming lame duck session that will commence January 3rd.”
* From the Daily Herald…
Lawmakers like state Sen. Terry Link, who vehemently opposed concealed carry, are already asking Attorney General Lisa Madigan to appeal.
“First of all, I hope they appeal it,” Link, a Waukegan Democrat, said. “Let’s get a true ruling on it.”
Supporters of concealed carry, though, say the other side might be hesitant to appeal because a U.S. Supreme Court ruling on Illinois’ case could loosen other states’ restrictions nationwide.
State Rep. Ed Sullivan, a Mundelein Republican, called the ruling “historic” and said now the sides have to negotiate what kinds of fees, training and restrictions a concealed carry law in Illinois should include.
“Those of us that support the 2nd Amendment are glad this came down, finally,” Sullivan said.
House Majority Leader Barbara Flynn Currie, a longtime gun control advocate, said she hoped the state would appeal the ruling. But Currie also said lawmakers must “get cracking” on how to respond to the ruling and begin parsing its key points.
Currie, D-Chicago, said that “justices surely do not mean that we would have to have wide-open” laws in Illinois. She said Illinois must now look at what other states are doing, such as disallowing guns in day-care centers and other locations.
“If we need to change the law, let us at least craft a law that is very severely constrained and narrowly tailored so that we don’t invite guns out of control on each of our city’s streets,” Currie said. “I don’t want people out of control wandering the streets with guns that are out of control.”
* Greg Hinz…
I’d look for an appeal to the Supremes. Meanwhile, the majority opinion indicated that Illinois might be able to require only “open carry” weapons — weapons carried, say, in an open holster. Just like in Dodge City.
That will be good for holster makers. And, just like in Dodge, for hearse and coffin manufacturers, too.