SAF Wins Huge Victory in Illinois for Carry Rights

[tmoore912]

The 7th Circuit wrote:

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. 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. 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 Supreme Court’s interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand Nos. 12-1269, 12-1788 21 them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions. 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.

REVERSED AND REMANDED, WITH DIRECTIONS

So they have given the Illinois State Legislature 180days to write a new law that allows Carry.

Last year they wrote such a law, but it missed it's mark by a handful of votes iirc.

Here are some tidbits of the Law that was written and Amended several times last year.

http://www.brandonphelps.com/story/2011/feb/9/phelps-sponsors-conceal-and-carry-legislation-168.html

Phelps Sponsors Conceal and Carry Legislation

February 9, 2011

HARRISBURG, IL – As the General Assembly is set to begin the spring legislative session this week, state Rep. Brandon Phelps (D-Harrisburg) is determined to continue his fight for the rights of hunters, sportsmen and other firearm owners with his new conceal and carry legislation.

“Since taking office I have stood up for Illinois citizens’ right to bear arms and this year will be no different,” Phelps said. “Illinois and Wisconsin are currently the only states that do not have any form of concealed carry permits. We need to stop punishing the wrong people and allow law-abiding citizens to be eligible for concealed carry permits.”

House Bill 148 creates the Family and Personal Protection Act, which would provide uniform training and standards for issuing concealed carry permits in Illinois. County sheriffs would be authorized to issue the permits to citizens with a valid Firearm Owner’s Identification card who are at least 21 years of age. In addition, they must complete specified training requirements developed by the Illinois Law Enforcement Training Standards Board, consisting of classroom instruction and live firing exercises. Finally, each applicant would undergo a criminal background check and must have no record of mental illness.

“The Second Amendment gives citizens the right to purchase, own and carry firearms without unreasonable government interference,” Phelps said. “Keeping concealed weapons from those who follow the law is a clear infringement on constitutional rights. I will join with my colleagues from both sides of the aisle and fight hard for this legislation to pass.”

 

[tmoore912]

Here is the actual Bill from 2011

http://legiscan.com/gaits/view/223788

Status
View latest bill text (Engrossed)

Pending House Rules Committee
June 29 2012 - Added Co-Sponsor Rep. Scott E. Penny

Summary
Creates the Family and Personal Protection Act. Permits the county sheriff to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.[/quote]


The Bill as amended:  It's long.................41 pages.
[URL="http://legiscan.com/gaits/text/231844"]http://legiscan.com/gaits/text/231844[/URL]

Application Fee of $100.00 and for Renewal $75.00

Fingerprinting fee of no more than $10.00

30 days for the Sheriff to issue or deny the permit.

Must already have a Illinois Firearm Owner's Identification Card

Must be at least 21 years old

A head and shoulder color photograph taken within 30 days preceding the date on which the application is submitted

Applicant has completed the firearms and deadly use of force training and education prerequisites specified under this Act (Who knows what this will cost?)  8 hours of class room instruction,Live firing exercises of sufficient duration for each applicant to fire a handgun: from a standing position; a minimum of 20 rounds; at a distance of 7 yards from a B-21 silhouette target, or an equivalent as approved by the Board. [color=#800040] Fees for applicant training courses shall not exceed $125 per student[/color]

Information relating to permit holders shall be confidential, not subject to the Illinois Freedom of Information Act

Private Property Prohibited if posted with a sign

Church carry Prohibited

Bar carry Prohibited

Restaurant carry Allowed

Pretty much all Government Buildings Prohibited

Libraries Prohibited

 

[RamRoddoc]

So they had an epiphany that the second amendment extends beyond the home... Dang, that was evolutionary. Illinois at one time had that right but it was taken away in the name of public safety. It will happen again if good men stand silent.

It is really an issue of rights, the right of choice. If you don't think carrying a weapon is right then don't but to deny another person the decision, is unconstitutional and illegal. Laws that run awry of the intent of our constitution are only due to the people's complacency and ignorance.

The anti-gun groups (The Joyce foundation, Brady, VPC and MAIG) just pooped a chicken and will go on an assault to gain back lost territory.

There is more work to be done and effort required for those who hold our rights in high regard.

 

[mountainpass]

Here is a hopefully permanent link for the decision: http://www.suntimes.com/csp/cms/sites/STM/dt.common.streams.StreamServer.cls?STREAMOID=t4wP4b2KIDGk1hVfXGe7YGPb7UVDJBJDeYT$Rvi3PYUPDq7tdCeP62kHTBxgBvuF4Aw$6wU9GSUcqtd9hs3TFeZCn0vq69IZViKeqDZhqNLziaXiKG0K_ms4C2keQo54&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=guns-CST-121212.pdf