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Illinois Ban on Concealed Carry Struck Down

The U.S. Seventh Circuit Court of Appeals ruled today 2-1 that the Illinois’ ban on carrying a weapon in public is unconstitutional. At this time, Illinois is the ONLY state in the United States that does not allow concealed carry.

[blockquote cite=”U.S Seventh Circuit Court of Appeals, emphasis added”]We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside.

The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense. 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.

[/blockquote]

You can read more on this decision here, but I must say, this is fantastic news. Both for the citizens of Illinois, and to anyone who has ever traveled there.

If you live in Illinois, it’s probably not a good idea (from a legality standpoint anyways) to start carrying just yet, because according to reports, the judges gave lawmakers 180 days to put their own version of the law in place. I expect it to be a May Issue state similar to California and New York.

H/T to our friends at Fortress Defense Consultants.

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8 Responses to Illinois Ban on Concealed Carry Struck Down

  1. TomWiseGamGee December 11, 2012 at 2:03 pm #

    CA as a may-issue state is kind of ridonkulous as well… only in extreme rurality, celeb status, and armed security are given CCWs from my living in San Diego.

    Collllooorado- you are calling my name. Leave the beach behind and embrace the brighter side of living away from the YOLO-mentality.

  2. Chant December 11, 2012 at 2:22 pm #

    Very bad mistake for the people of Illinois allowing it to be a “May” issue state… like the sad state of NY. That still allows politicians and judges to just infringe upon your 2nd Amendment right at their whim. We have that here in NY and its a disgrace. You have gained NOTHING then! The residents of Illinois need to let their officials know – No permits needed or a SHALL issue state with little paperwork/fee complications – or you will not be in office much longer. High fees and tons of paperwork is how states like NY keep guns out of the hands of law abidding citizens. Don’t fall into that trap also.

  3. Jake December 11, 2012 at 2:46 pm #

    Definite progress, but I agree, Illinois will make it nearly impossible to obtain a permit.

  4. Burns December 12, 2012 at 8:43 am #

    Illinois is NOT the only state to ban concealed carry. Every time I see NJ included in the list of states that permit CCW, I become incensed. Born in NJ and lived there for most of my 66 years. Moved to the free state of PA 10 years ago (thankgod). NJ law regarding CCW is so restrictive that it is essentially IMPOSSIBLE for any ordinary citizen to obtain “permission” from a NJ superior court judge to carry a concealed firearm (that is what it takes).

    Imagine convincing a liberal judge to give you such permission. AND it’s only good for 1 year, after which you must again request permission. NO ONE gets such permission.

    NJ has NO 2nd amendment clause in its constitution. Possession of firearms in the state is regulated by statute. The statute states that possession of a firearm by a resident of the state is not legal, except under the following circumstances. It then lists those cases where firearms may be possessed.

    Years ago, in a court case that essentially railroaded one of its citizens, a superior court judge, in his opinion on the case following its appeal stated ” a citizen of the state of NJ owns a forearm at his peril”.

    NJ is a minefield for any one owning firearms. Its laws are designed to entrap the unwary, and its courst will GET you if you slip up.

    • Brandon December 12, 2012 at 8:53 am #

      Technically, Illinois WAS the only state that banned concealed carry, but I get what you’re saying. NJ sounds just as bad (or worse) as New York and California. I feel sorry for the folks that live there.

  5. Frank Sharpe December 12, 2012 at 5:07 pm #

    Folks, over the summer we were 3 votes short of a supermajority passing a CCW bill patterned after the Wisconsin law.

    That means it already passed but there weren’t enough votes to override the governors veto.

    We all may be very surprised what ends up being law here in 180-days, especially since this is the first time in IL gun legislation history that the progun people have the advantage.

  6. Guns R Us December 18, 2012 at 1:24 am #

    Everyone should hope Illinois fight this ruling, because if they lose in the highest court in America,
    It will strike down all the may issue states conceal carry laws… every state will become may issue.
    so trust me, other states are calling Illinois to tell them to just go with the ruling that was handed down.

    • Guns R Us December 18, 2012 at 1:26 am #

      Typo in my comment..
      All states will become Shall issue…