Court Strikes Down Illinois Concealed Carry Law
CHICAGO (AP) - In a big victory for gun rights advocates, a federal appeals court on Tuesday struck down a ban on carrying concealed weapons in Illinois - the only state where it had remained entirely illegal.
The 7th U.S. Circuit Court of Appeals said state lawmakers have 180 days to write a new law that legalizes concealed carry.
Gun rights advocates long have argued that the prohibition against concealed weapons violates the U.S. Constitution’s Second Amendment and what they see as Americans’ right to carry guns for self-defense. The court majority on Monday agreed, reversing lower court rulings against a lawsuit that had challenged the state law.
“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,” Judge Richard Posner wrote in the court’s majority opinion. “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.”
The court ordered its ruling stayed “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.
I do wonder how this affects the States Rights stance the Supreme Court took in Heller? Heller-right?