Tag Archives: McDonald v Chicago

Its last appeal turned down, Illinois may no longer legally prevent Concealed Carry

by Doug Book

The 7th Circuit Court of Appeals has told Illinois Attorney General Lisa Madigan for the last time that she MUST honor the Constitution of the United States by doing away with her state’s ban on the concealed carry of firearms.

It was back in December of last year that a 3 judge panel of the Court found the Illinois law banning concealed carry to be unconstitutional. “The Supreme Court has decided that the [2nd] amendment confers a right to bear arms for self-defense, which is as important outside the home as inside,” wrote 7th Circuit Judge Richard Posner, paraphrasing the opinion of S.C. Justice Samuel Alito.  Naturally, the scrupulously liberal Madigan then petitioned the entire 10 member court, hoping that the ruling might be overturned. But the full court refused to reconsider the ruling of the panel. (1)

And now the Illinois legislature has about 4 months to rewrite its unconstitutional ban into something acceptable to groups which strictly preserve the 2nd Amendment rights of the American people. And that is the REAL question: will the ONLY remaining state to disallow concealed carry abide by the ruling of the court by creating an honest and reasonable statute? If so, it will represent a truly staggering break with the leftist-inspired, Illinois tradition of governing as though rights were privileges of which the common classes are rarely if ever deserving.

After the 2010 McDonald v Chicago decision in which the Supreme Court struck down the city’s decades-old, unconstitutional handgun ban, brainless thug Mayor Richard Daley and city officials crafted a new ordinance to “comply” with the ruling. Naturally, this group of self-serving thieves and political prostitutes sought only to defy the Court with an ordinance which limited each person to ONE operable weapon; allowed no gun to be taken outside the home; prohibited the existence of gun stores and firing ranges within the city; mandated “approved” training and marksmanship; charged $100 for a 3 year pistol permit; banned handguns the police superintendent considered “unsafe due to their size” and, of course, required fingerprinting of gun owners and registration of their weapons.  Needless to say, these provisions did NOT apply to law enforcement or certain city officials. (2)

Since that time, constitutional rights groups have been in court with the City of Chicago on a seemingly daily basis, suing to terminate the Daley legacy of wanton abrogation of liberty. On three occasions, the city has lost court decisions to the NRA and twice Rahm Emanuel has decided to amend the Daley ordinance, “…conceding that the city had little chance of successfully defending lawsuits against certain aspects of it.” (3)

Incredibly, Chicago City Corporation Counsel Steve Patton has accused the NRA and others of “…cherry-pick[ing] the things they thought they could marshal a challenge (on).” How does one “cherry-pick” UNCONSTITUTIONAL provisions in a city ordinance? Could anything be more typical of a Chicago official than to whine because the city’s assault on freedom has been found unacceptable by those who prefer liberty to the beneficent dictatorship of nanny-state hoodlums!

Leftist Governor Pat Quinn is not likely to provide Illinois residents with the 2nd Amendment rights to which they are entitled. The 7th Circuit has given lawmakers till mid-year to write a constitutional law.  Don’t be surprised if the state is once again before the bench by year end.

(1) http://napervillesun.suntimes.com/news/16952071-418/appeals-court-tosses-state-ban-on-carrying-concealed-guns.html

(2) http://www.ammoland.com/2010/07/mayor-daley-says-stick-it-to-the-supreme-court/#axzz2LlaStZru

(3) http://articles.chicagotribune.com/2012-07-22/news/ct-met-chicago-gun-laws-20120722_1_gun-control-firearms-ordinance-legal-gun

 

The right of self-defense comes to Illinois

by Doug Book,  staff writer

On December 11th a 3 judge panel from the 7th Circuit Court of Appeals ruled unconstitutional Illinois’ near total ban on the concealed carry of firearms. The 47 page decision in Moore v Madigan gives the Illinois legislature 180 days to craft legislation “…consistent with the public safety and the Second Amendment as interpreted in this opinion…” (1)

In the 2008, District of Columbia v Heller decision the Supreme Court upheld the 2nd Amendment right of American citizens to “…use arms in defense of hearth and home…” by finding unconstitutional the 32 year,  Washington D.C. ban on the keeping of functioning firearms in the home.  (2)

Two years later, in McDonald v City of Chicago, the Court ruled that the individual right to keep and bear arms applies to the states, thereby “…protecting [that] right from infringement by local governments.” (3) As Justice Alito wrote in the majority decision, “It is clear that the Framers . . . counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.” (4)

Yet in keeping with the left’s contempt for the right to keep and bear arms as it applies to anyone but their own bodyguards, both of the landmark Supreme Court rulings were effectively ignored—indeed defied– by the respective losing parties. In the case of Heller, DC Mayor Adrian Fenty replied to the Court by keeping in place the original, offending provision that “…the firearm must be locked, disassembled or in some way rendered inoperable, until the owner [feels] “impending danger.”  The mayor also refused to end a ban on semi-automatic weapons with magazines accepting 12 or more rounds. The city defined such weapons as “machine guns!” (5)

In response to McDonald, the gun-grabbing minions of Chicago’s intellectually challenged Mayor Richard Daley devised a 29 page “Ordinance” defining the legal manner in which firearms may be acquired and used. Gun registration, restriction of ammunition sales and ownership, mandatory city-approved training classes and expensive, cumbersome licensing procedures all became part of a deliberate scheme to convince Chicagoans that gun ownership was just not worth the price and inconvenience of city-imposed regulation!

But in spite of the lefts’ track record of hypocrisy and contempt, David B. Kopel, a law professor and 2nd Amendment attorney, believes gun owners will be pleasantly surprised with the new legislation which the Illinois legislature is being compelled to draft.

Respected enough to be cited in both the majority and minority opinions of the 7th Circuit in its Moore decision, Kopel says, “given that the majority of the Illinois legislature is already in favor of Shall Issue, I think the risks of May Issue are fairly low.” (1)

In short, it will soon be mandatory that Illinois SHALL issue a license to carry a concealed weapon to any law abiding citizen who wishes it. Unlike other states in which a license MAY be issued by state authorities IF an applicant provides a sufficiently compelling reason for the state to do so, Illinois licensing officials will have no choice.  If Kopel is right, this will represent a sea change unimagined even as little as a year ago.

The majority of the American public strongly believes exisitng 2nd Amendment rights must be protected from the continued assault of the left. In fact, so clear is the attitude of the American people, many of the most dedicated of congressional leftists fear the very mention of gun control legislation and the presence on Captitol Hill of gun confiscation advocacy groups like the Brady bunch is strongly discouraged.

Maybe Kopel is correct. If so, the only state to deny concealed carry will finally recognize the most fundamental of God given rights–that of self-defense.

 

(1) http://www.examiner.com/article/prominent-second-amendment-attorney-foresees-shall-issue-carry-illinois?CID=examiner_alerts_article

 (2) http://illinoisreview.typepad.com/illinoisreview/2012/12/second-amendment-illinois-gun-ban-struck-down.html

(3) http://en.wikipedia.org/wiki/McDonald_v._Chicago

(4) http://www.washingtonpost.com/wp-dyn/content/article/2010/06/28/AR2010062802134.html

(5) http://www.buckeyefirearms.org/node/5881

(6) http://www.scribd.com/doc/33968398/Gun-Control-July-22010