Tuesday, December 11, 2012

Breaking News: 7th Circuit Strikes down Illinois Ban on Carry of Firearms


From David Hardy's excellent blog, "Of Arms and the Law", comes this nugget!
Moore v. Madigan, 7th Circuit. A long and well-thought out opinion, I'm only partway thru, but it strikes down Illinois' general ban on carrying open or concealed, and stays its mandate 180 days so the legislature can try to come up with something constitutional. The theme of the opinion is largely, "don't try to re-argue Heller, you lost that one, and we're going to apply it honestly."
The author is Judge Posner, who is no friend of the Second Amendment, but does believe in following precedent.
UPDATE: I think we have something of a Circuit split, between this and the 2nd Circuit's ruling in Kachalsky. The 2d Circuit treated right to carry very narrowly, "may issue" is perfectly OK, and the law can be justified by the fact that the legislature thought it was a good idea. Moore treats the right to carry much more broadly, and holds that restrictions must be justified by hard proof that there are benefits, not speculation. It's not a perfect split, but pretty close to one.