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.