Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Illinois Right-to-Carry: Litigation Leads to Legislation

Monday, June 24, 2013

While recent state attacks on popular firearms and on firearm transfers have been the focus of attention, another major front in the battle involves Right-to-Carry litigation. The epicenter of this litigation is in Illinois—still, as this edition of Legal Update goes out, the only state with no law on the books to provide a legal way for residents to carry firearms for self-defense outside one’s home or business for self-defense. But that may be changing, in a way that shows the complex relationship between legislation and litigation.

First, in a major victory for the right of self-defense outside the home, on Dec. 11, 2012 the U.S. Court of Appeals for the Seventh Circuit struck down Illinois’ ban on carriage. In a decision covering the NRA-backed case of Shepard v. Madigan and a similar non-NRA case, Moore v. Madigan, the court rejected the often-heard claim that the Second Amendment’s protections apply inside the home but not outside, calling such a distinction “irrational.” 

The case was brought by Mary E. Shepard, who was seeking to exercise her right to self-defense following a brutal beating at the hands of a violent criminal. Joining her as a plaintiff was the NRA’s state affiliate, the Illinois State Rifle Association. The NRA Institute for Legislative Action fully funded the case.

In the court’s opinion, Judge Richard Posner relied heavily on the Supreme Court’s decisions in District of Columbia v. Heller and McDonald v. City of Chicago.  Writing that the defenders of Illinois’ law asked the Seventh Circuit to “repudiate the [Supreme] Court’s historical analysis,” he responded “that we can’t do.” Posner went on to note that Heller “repeatedly invokes a broader Second Amendment right than the right to have a gun in one’s home.” Noting the importance of the Second Amendment on the 18th-century frontier, he added, “Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower.”

Judge Posner went even further, in fact, suggesting that a stalked or battered woman might have “a stronger self-defense claim to be allowed to carry a gun in public” than at home: “To confine the right to be armed to the home is to divorce the Second Amendment from the right to self-defense described in Heller and McDonald.” He also discussed the Second Amendment’s reference to the right to “bear” arms: “To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.” 

Not surprisingly, Judge Posner—a longtime academic himself, and the author of many books on law and economics—also examined scholarly literature by economists and criminologists who have examined the Right-to-Carry issue. Clearly unpersuaded that a carry ban benefits public safety, he wrote that “the empirical literature on the effects of allowing the carriage of guns in public fails to establish a pragmatic defense of the Illinois law.”

On February 22, the full Seventh Circuit refused Illinois’ request for a rehearing of the case. 

The December decision gave the Illinois legislature until June 9 to write a new law that complies with the decision, and the legislative wrangling began immediately. The result at the end of the session on May 31 was a restrictive “shall issue” permit bill. Contrary to the wishes of Chicago politicians, the bill would make permits valid throughout the state, and even preempt some local ordinances such as Chicago’s firearm permit scheme. But it would also impose major restrictions on where firearms may be carried, and leave intact many local restrictions.

Attorney General Lisa Madigan has received a 30-day extension of the court order in the Shepard case until July 9, supposedly to allow for review of the right-to-carry bill. But even if anti-gun Gov. Quinn signs the bill, the state has until July 22 to appeal the case to the U.S. Supreme Court. While the Illinois situation clearly shows how a smart litigation strategy can lead to legislative change, we hope that by the time of our next edition, Illinois residents will no longer be in suspense about these critical issues.

IN THIS ARTICLE
Illinois Right-To-Carry Illinois
TRENDING NOW
Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Columnist thinks gun owners can be shamed out of their rights

News  

Monday, March 20, 2023

Columnist thinks gun owners can be shamed out of their rights

At least one of the joyless scolds that predominate in gun control circles thinks they’ve stumbled onto a novel anti-gun tactic. According to Colorado Newsline Editor Quentin Young, gun control supporters should try to shame gun ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. Taxpayers Funding “Red Flag” Gun Confiscation Orders

News  

Monday, March 20, 2023

U.S. Taxpayers Funding “Red Flag” Gun Confiscation Orders

Texans are paying for so-called “Red Flag” gun confiscation orders in New York. North Carolinians are bankrolling Extreme Risk Protective Orders (ERPOs) in New Jersey. Louisianans are footing the bill for gun confiscation orders in Maryland.

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

Friday, March 17, 2023

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

On March 23rd, at 8:00AM, the Senate Committee on Law & Justice will hear House Bill 1240, a comprehensive gun ban bill, and House Bill 1143, to impose a waiting period and training mandate for acquiring ...

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

The New Mexico Legislature Finishes Its 2023 Regular Session

Sunday, March 19, 2023

The New Mexico Legislature Finishes Its 2023 Regular Session

The New Mexico Legislature wrapped up at noon on Saturday, March 18.  Below is a list of gun control bills which passed and extreme anti-gun legislation which NRA-ILA worked to defeat with pro-Second Amendment lawmakers, members of the firearms ...

Michigan: Senate Passes Gun Control Schemes

Thursday, March 16, 2023

Michigan: Senate Passes Gun Control Schemes

Today, the Senate passed anti-gun bill packages to criminalize private transfers, require firearms be made unavailable for self-defense, and allow Second Amendment rights to be suspended without due process. They will now move to the House for further ...

Washington: Updates on Anti-Gun Bills

Tuesday, February 28, 2023

Washington: Updates on Anti-Gun Bills

Three major anti-gun bills still remain active in the Legislature, while others are likely defeated for the session. The NRA provided testimony and strong, united opposition to these bills throughout the legislative process thus far.

Florida: House Judiciary Passes Constitutional Carry

Tuesday, February 21, 2023

Florida: House Judiciary Passes Constitutional Carry

Today, the House Judiciary Committee voted 17-6 to advance House Bill 543, the constitutional carry bill. It will now go to the House floor for debate.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.