-------- Original Message -------- Subject: Is there a right to carry a firearm in public? Date: Tue, 11 Dec 2012 11:57:09 -0800 From: Dan Gifford <dangiff...@keyway.net> To: SECOND AMENDMENT GROUP <dangiff...@keyway.net>
"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." Judge Richard Posner Majority opinion. 7th Circuit Court of Appeals "We are very happy with Judge Posner's majority opinion. 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, 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." Alan M. Gottlieb Executive Vice President Second Amendment Foundation Earlier decisions split: A federal appeals court has upheld a New York law that requires applicants show a special need for self-protection in order to carry handguns ... The appeals court said the 2nd Amendment was not violated by the law requiring those who want to carry guns to show “proper cause.” Court Upholds NY Gun Law Requiring Individuals To Show Proper Cause CBS New York http://newyork.cbslocal.com/2012/11/27/court-upholds-ny-law-requiring-individuals-to-show-proper-cause-to-carry-handguns/ "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights. The right's existence is all the reason he needs." Benson Everett Legg U.S. District Judge http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/ "People have the right to carry a gun for self-defense and don't have to prove that there's a special reason for them to seek the permit. We're not against the idea of a permit process, but the licensing system has to acknowledge that there's a right to bear arms." Alan Gura Plaintiff attorney http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/ ============== Big win for gun-rights groups: Federal appeals court tosses state ban on carrying concealed weapons By Dave McKinney Staff reporter Chicago Sun-Times December 11, 2012 http://blogs.suntimes.com/politics/2012/12/big_win_for_gun-rights_groups_federal_appeals_court_tosses_state_ban_on_carrying_concealed_weapons.html In a huge win for gun-rights groups, a 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. "The debate is over. We won. And there will be a statewide carry law in 2013," said Todd Vandermyde, a lobbyist for the National Rifle Association. In a split opinion (see below), the 7th Circuit Court of Appeals reversed a lower court ruling in two cases downstate that upheld the state's longstanding prohibition against carrying concealed weapons. Illinois is the only state with an outright prohibition on concealed carry. "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. Attorney General Lisa Madigan, who was defending the state's prohibition of concealed carry, did not have an immediate response to the ruling released Tuesday morning. Madigan's statement is silent on whether she intends to appeal Tuesday's ruling to the U. S. Supreme Court. In a minority opinion, Judge Ann Williams wrote that Illinois is within its rights to ban weapons in "sensitive places" like government buildings, churches and universities in the name of safety. "The Illinois legislature reasonably concluded that if people are allowed to carry guns in public, the number of guns carried in public will increase, and the risk of firearms-related injury or death in public will increase as well," Williams said. "And it is also common sense that the danger is a great one; firearms are lethal." In 2011, gun-rights advocates lost a bid in the Illinois House to legalize concealed carry by a 65-32 vote. Seventy-one votes were necessary for passage. The measure, sponsored by state Rep. Brandon Phelps (D-Harrisburg), would have enabled Illinoisans to carry concealed weapons if they had a firearm owner's identification card and underwent a firearms education course. Under the failed bill, permit holders could not have been a patient in a mental institution in the previous five years nor have any felony, violent misdemeanor or drug convictions in the previous 10 years. Concealed weapons also wouldn't have been allowed under the plan at government buildings, courthouses, schools, sports arenas and stadiums, amusement parks, libraries or college campuses. At the time of the vote, the Illinois State Police estimated that 325,000 people would taken advantage of a concealed-carry program, which was projected to raise $32 million annually for the state through license fees. Read the decision: 7th Circuit Court overturns Illinois concealed carry ban http://www.scribd.com/doc/116435469/7th-Circuit-Court-overturns-Illinois-concealed-carry-ban ###
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