Victory in Illinois
VICTORY IN ILLINOIS
So some good news just came in for gun owners. The Seventh Circuit Court of Appeals just ruled in favor of civil rights in the Moore v. Madigan case. The Moore case at its core challenged the lack of a statute to carry a firearm. This worked out since there are statutes prohibiting the bearing of arms. Some silly arguments were made that people could carry unloaded in a container, but that is really not what the right to bear arms is about.
The court in Moore, appeared to reluctantly state that there is indeed a right to bear arms outside of the home; regardless, they said it – it’s written – and nothing will change it now. The decision was written as 2-1, and at this time I have not really gotten into reading the dissent. I imagine it is filled with plenty of propaganda supporting the States interest in exterminating a right. Go figure.
Anyways, so what this will boil down to is will they appeal the ruling or request an En Bach hearing. The first of the two is, to me, the probable outcome. Importantly what we do know from this decision is that there is now a split of authority between the Second Circuit (New York), where they said that there is obviously not a right to bear arms outside of the home, and the Seventh Circuit (Illinois) where we now have a contrary opinion. Circuit splits are good for getting a writ of certiorari granted at the Supreme Court, mostly because we don’t want citizens in one area to have rights that the others don’t. So, for gun owners, this is a huge bonus for pushing our case towards the Heller Five.
For some more information, please feel free to view the opinion here:
From a personal prospective, I would like to a extend a heartfelt thanks to Mr. Alan Gura, Second Amendment Foundation, and all the other people who make these efforts possible.