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Good news Illinios! Hopefully the end end is near.

carbinemike

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The US 7th court of appeals voted against hearing Illinois and their effort to keep concealed carry out of the state. They can still appeal to SCOTUS if they will hear it. The vote was closer than it should have been.
This really pisses me. Perhaps they should have already been going after gun crimes...Duh!: In moving forward with the bill, Chicago Mayor Rahm Emanuel and other politicians in the state have expressed support of including tougher penalties for gun crimes, especially in light of allowing concealed carry weapons.

According to an article from the Associated Press , in an extremely divided decision on Friday, the U.S. 7th Circuit Court of Appeals has denied Illinois State Attorney General Lisa Madigan's request to reconsider a ruling that decided that the state's concealed carry firearms ban was unconstitutional. After a decision was handed down by a panel this past December, Madigan pursued a court ruling to have it overturned under the argument that the ruling conflicts with decisions from other appellate courts.

Here are some facts and details about the court of appeal's decision and Illinois' move towards allowing concealed weapons:
* Bloomberg Businessweek reported that the Chicago-based 7th Circuit Court of Appeals voted 5-4, with nine of the court's 10 members voting, to reject Madigan's request for a full court reconsideration of the ruling.
* The three-judge court that originally decided Illinois' ban was a second amendment violation was also split on its vote.
* The court's dissent, written by U.S. Circuit Judge David Hamilton, agreed with Madigan's argument that the decision reversing Illinois' ban went beyond the scope of a U.S. Supreme Court ruling in the case of District of Columbia v. Heller.
* The U.S. Supreme Court has yet to decide whether an individual's right to bear arms extends beyond the limits of their private home.
* Hamilton's dissent emphasized that the December ruling is the "first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public."
* Additionally, Illinois is the only state in the country that doesn't allow citizens to carry concealed weapons.
* Madigan's office said that it has not decided to drop the pursuit of making sure the ban stays in place and is determining the next step to take, noted WLS .
* According to the Chicago Tribune , Madigan could have the option to appeal directly to the U.S. Supreme Court or to leave the ruling as is.
* If Madigan decides to appeal to the U.S. Supreme Court, the split decision today and Hamilton's dissent could benefit her case.
* Regardless, the Illinois General Assembly is still moving forward with a concealed carry bill. Under the December decision, the state has until June 8 to work out the legislative details and legalize concealed carry firearms.
* On Friday, the Illinois house Judiciary Committee held a hearing about a related bill in the Loop.
* In moving forward with the bill, Chicago Mayor Rahm Emanuel and other politicians in the state have expressed support of including tougher penalties for gun crimes, especially in light of allowing concealed carry weapons.
 
The denial of En Banc is huge, but it wasn't exactly a big surprise. While it would be nice to be able to relax and celebrate a victory......it isn't going to happen. The general concensus here is that A.G. Lisa Madigan will appeal this case to SCOTUS. This is where things could begin to get interesting........What appears to be a "perfect storm" is brewing in front of the Supreme Court.

Currently there is a wait for SCOTUS to issue certiorari for the case of Kachalsky v Cacace out of the State of New York. Due to the unprecedented amount of Amicus Curiae filed by other States requesting SCOTUS to examine this case it is expected to be heard this year......possibly this term. Kachalsky deals with the existance of "may issue" permits and points out that the "may issue" system has turned into the systematic denial of the general public in the State of New York to exercise their 2A rights based upon a "must show specific need" position that essentially divides the population based on a scale of societal importance. The 2nd Court of Appeals upheld the Constitutionality of "may issue" when it ruled on Kachalsky.

Moore/Shepard v Madigan here in Illinois was put before the Courts based on the complete prohibition of Concealed Carry here. We don't have "may issue" or "shall issue"......We currently have "don't even bother asking". The arguement was presented that the SCOTUS ruling in Washington, D.C. v Heller, which affirmed that the Second Amendment right to bear arms applied to their use for Self-Defense and that the need for personal protection existed not only INSIDE the home, but outside the home as well. The 7th Court if Appeals agreed and ruled the Illinois ban unconstitutional and ordered IL to construct legislation to correct the issue.

This decision by the 7CA directly contadicted the Kachalsky decision by the 2CA which is the arguement Alan Gura has put forth to have SCOTUS review the decision of the 2nd Appelate Court. There is a pretty high possibility that these two cases could be consolidated and reviewed by SCOTUS together, hopefully this year.

Justice Scalia had made the statement that he felt the Second Amendment would come before the Court soon.....well, it looks like it is coming from multiple directions. The Supreme Court is going to be tasked with something they have never done in the history of the Court, which is to put a solid definition upon the 2A and exactly what it means in regards to what and where we have the right to bear.......if anywhere at all.

Time to lace up the gloves guys......the fight is on.
 
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