7th Circuit Court Lets Posner Ruling Stand; Huge Win For Concealed Carry

Right to Carry
7th Circuit Court Lets Posner Ruling Stand; Huge Win For Concealed Carry
Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation today won a significant victory for concealed carry when the Seventh Circuit Court of Appeals let stand a December ruling by a three-judge panel of the court that forces Illinois to adopt a concealed carry law, thus affirming that the right to bear arms exists outside the home.

The ruling came in Moore v. Madigan, a case filed by SAF. The December opinion that now stands was written by Judge Richard Posner, who gave the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.”

That clock is ticking, noted SAF Executive Vice President Alan Gottlieb.

“Illinois lawmakers need to create some kind of licensing system or face the prospect of not having any regulations at all when Judge Posner’s deadline arrives,” Gottlieb said. “They need to act. They can no longer run and hide from this mandate.”

“We were delighted with Judge Posner’s ruling in December,” he continued, “and today’s decision by the entire circuit to allow his ruling to stand is a major victory, and not just for gun owners in Illinois. Judge Posner’s ruling affirmed that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door.”

In December, Judge Posner wrote, “The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.”

Judge Posner subsequently added, “To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.”

“It is now up to the legislature,” Gottlieb said, “to craft a statute that recognizes the right of ordinary citizens to carry outside the home, without a sea of red tape or a requirement to prove any kind of need beyond the cause of personal protection.”

The ruling also affects a similar case filed by the National Rifle Association known as Shepard v. Madigan.

  • 9 thoughts on “7th Circuit Court Lets Posner Ruling Stand; Huge Win For Concealed Carry

    1. The SAF does the heavy lifting,and the NRA demands the credit. While I won’t go to the trouble to drop my NRA membership, ALL of my financial support goes to SAF!!!

    2. As a citizen in the state on the west side of the Mississippi from Ill. Iowa is a open carry state,this difinitely a victory for people to now protect themselves and family from the evils that lerk out their. Congradulation to all the people who stood up to the lawmaker’s that are anti-gun. The saying: all men are created equal will now become more so then before.

    3. A victory is a victory, no matter who takes credit for it. We don’t need fighting between groups who are all for the same cause. That is what the gun grabbers want. Divide and conquer.We all believe in the same thing and I don’t care who gets or takes the credit. This is no time for in fighting and no time ever is.

    4. In Chicago there is definately a need for protection against criminals! FBI stats. JAN-June 2012. 6,072 Robbery’s
      5,942 Aggravated assaults
      53,807 Property crimes
      10,378 Burglary’s
      34,794 Larceny thefts
      8,635 Motor vehicle thefts
      Figures for rape not given. So who did the gun ban protect?

    5. This ruling is a cheesy charade at best. “Shall not be abridged” is perfectly clear English. Any and all “laws” are precisely about “abridging” our free choices. No law allows anyone to choose or to do anything more than they could if there were no such “law”. To me, and under the real law, our Constitution, that exactly constitutes “abridgment”. Also, licenses and permits create “privileged classes”, also specifically prohibited, again, by our Constitution. Geez, people, THIS IS FOR KEEPS! If we don’t even know what our Rights are *supposed* to be, we will never be able to defend and preserve them. If you are not clear about what our Founders intended and what our Constitution allows, turn off the TV and Google “Chris Miller” for a quick primer. Freedom is not free, and each of us must do our part. Knowing the actual rules seems like a good place to start. If it’s not worth doing the work, we are rightfully screwed. Do not give one inch. Period.

    6. Oops! Replace “abridged” in prior post with “infringed”. I get so worked up sometimes that my brain skips a beat or two… sorry ’bout that…

    7. we need more people who will stand-up and voice their rights, do call your representatives, and they eill return their thoughts, i did and most of them were in favor of the 2nd amendment, 1 danced around the topic of gun banning with no clear answer, the prez just did’nt respond???We need folks with guts on our side, like the NRA, and others, please don’t split hairs about who gets credit or not, we’re on the same side, correct???

    8. Readers Digest used to have a section labeled “There ought to be a law”. While witty, entertaining, and somewhat useful, it laid the groundwork for liberals, well meaning or not, to change the focus of Constitutional Guarantees to miniscule alterations, locally, statewide, and ultimately federally, to the point where we are today.
      The Ten Commandments pretty much spelled out in rather clear language how society is supposed to behave.
      Banning that, say hello to Pandora’s friggin box.
      Nothing and no one is safe from rights grabbing liberals with legislative powers intent on making us all slaves to their dominatrix ideaology.
      It all sounds like Agenda 21 to me. These were the tactics used by Lenin, Marx, Stalin(a Lenin devotee), Hitler, Mussolini, Mao, and all the rest of those historical zealots who killed millions of their own citizens in order to further their diabolical agendas.
      What am I missing?
      Constitutional Rights activists, Veterans, and Constitutional Rights supporters are fast becoming the new JEW. It has happened too many times in the past to be ignored again today.
      People defending their rights are now villified for defending their rights and turned into criminals before they are silenced and dragged away.
      How many new BULLETS AND ARMS did DHS order and are getting?
      Oh; that’s right, they just need all that for range practice, my bad…
      Oh did I mention they want you to register your AMMO too and have a background check for that also.
      I have only one fear, that is from my government. As a Veteran, that fear is now compounded because of my potential to be a threat. Training that our government paid for and encouraged while on active duty. I was supposed to forget all that now that I am not in that capacity.
      I started by reading, and learning what was written in our country’s founding documents. That is the basis of how I live my life and interact with Americans.
      I have never felt the level of unmitigated ANGER from average Americans fo any other issue as we all now experience on every level.
      This is the sleeping giant, once unleashed and directed, that will turn out very badly for everyone. Law makers are either blind or simply do not care about the ramifications.
      Wasn’t alchohol prohibited at one time? How well did that work for us?
      I intend, while I still have the right of my First amendment, to speak to these issues until I get placed on a watch list and have to worry about drones paying me a visit. Our POTUS and his puppet court did say it was legal to Drone Americans, right? And doesn’t the Patriot Act give them the right to snoop into everything and anything you do? It sort of sounds like the Soviet Secret Police, huh? But hey; I am simply making a molehill out of a mountain. Individually, they all seem innocent enough, collectively… Hello Mountain…
      Having a hard time trying to figure out when, exactly, I checked into the “Hotel California”.

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