WOOHOO!

[RowdyRebel]

It's about damn time!

Appeals court overturns Illinois concealed carry law in gun rights victory

By Dave McKinney on December 11, 2012 11:21 AM

SPRINGFIELD - In a huge win for gun-rights groups, a divided federal appeals court in Chicago Tuesday tossed the state's ban on carrying concealed weapons and gave Illinois' Legislature 180 days to craft a law legalizing concealed carry.

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"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," Judge Richard Posner wrote in the court's majority opinion.

"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," he continued.

"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," Posner wrote.

"The Supreme Court's interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions," he continued.

"Nevertheless 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," Posner said.

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So the state legislature has 180 days to pass some form of CCW permit legislation before the law prohibiting carrying concealed weapons is stricken. If the legislature fails to pass such legislation, I would think that since no law would then be on the books to prohibit it, that it would become legal for anyone who meets the qualifications for owning/posessing a firearm....basically "constitutional carry" where no permits are needed. Great here in the state, but I'd really like to see SOME sort of permit issued to allow for carry in other states....reciprocity.

Today is Tuesday, December 11th. 180 days from now is Sunday, June 9. It is marked on my calendar.

[RowdyRebel]

http://www.scribd.com/doc/116435469/7th-Circuit-Court-overturns-Illinois-concealed-carry-ban

[David]

North Carolina has reciprocity agreements with 36 other states.

[Mike]

I hope Tennessee will do the same. It is going to now get interesting.

mike

[DCR]

We need a Federal license that is valid in all states and Washington D C. That would eliminate all of the different state requirements and hopefully allow carry in a commercial vehicle.

[RowdyRebel]

There are no federal laws prohibiting carry in a CMV....you just have to obey the state laws for the state you happen to be in. I would have liked to see national reciprocity...just as one state must honor the drivers license of out-of-state drivers, if a state issues CCW permits, they should also have to honor the permits from other states.

...and just like every state has it's nuanced traffic laws that may vary from one state to the next, you'll have the same thing when it comes to carry laws.