Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Illinois Supreme Court Declares State's Ban on Carrying Firearms Unconstitutional

Friday, September 13, 2013

In an unusually forceful and straightforward opinion in the case of People v. Aguilar, the Supreme Court of Illinois unanimously held that the state's "comprehensive ban" on the "use of an operable firearm for self-defense outside the home" is invalid on its face under the Second Amendment.  The NRA had participated in the case with an amicus brief. 

The court surveyed the Supreme Court's recent Second Amendment decisions, as well as state and federal precedents from courts in Illinois.  Regarding the significance of the Supreme Court's opinions, it declared: "neither Heller nor McDonald expressly limits the second amendment's protections to the home.  On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home."  It also characterized the Illinois law as "a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution…."  According to the court, "In no other context would we permit this, and we will not permit it here either."

While the court noted that "we are in no way saying that such a right is unlimited or is not subject to meaningful regulation," it did not condition its holding on any further action by the legislature.  It noted Illinois' recently-enacted Firearm Concealed Carry Act only in passing, stating that it was not "at issue in this case."

Invoking precedents from two federal appellate courts, the Illinois Supreme Court also held that the state's general ban on the possession of concealable firearms by minors does not run afoul of the Second Amendment.  Notably, one of the cases upon which the court relied for this portion of the opinion was National Rifle Ass'n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms [&] Explosives, which upheld a federal prohibition on the sale of handguns by federally licensed dealers to adults aged 18 to 20.  The NRA has recently filed a brief asking the U.S. Supreme Court to review that decision.  Twenty-two state attorneys general also filed a brief in support of NRA's efforts in that case.

While residents of Illinois eagerly await implementation of the state's new concealed carry licensing process, they can rest assured that under controlling precedent in both state and federal courts, their right to bear arms in self-defense is not a "privilege" bestowed upon them by the legislature but a fundamental right the state and its localities are bound to respect.

TRENDING NOW
Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

Great Expectations, Empty Promises: Gun Control in Washington State

News  

Monday, July 26, 2021

Great Expectations, Empty Promises: Gun Control in Washington State

For years, voters in the Evergreen State have been assured that if only they approve certain gun control ballot initiatives, they would “save lives” and reduce crime. The Washington Alliance for Gun Responsibility (WAGR), the organization pushing ...

How Anti-Gun Research Works

News  

Monday, July 26, 2021

How Anti-Gun Research Works

The objective world mistrusts most gun policy research because it’s clear the objective is to produce an anti-gun outcome rather than honest analysis. Politicians and professional activists claim the mantle of evidence but will ignore ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

News  

Monday, July 26, 2021

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

Similar to many other urban areas of the country, St. Louis saw a dramatic increase in homicide in 2020. The Gateway to the West’s homicide rate per 100 thousand residents exploded from 64.5 in 2019 to 87.2 in 2020. The homicide ...

Louisiana: Betrayal at the Capitol

Wednesday, July 21, 2021

Louisiana: Betrayal at the Capitol

Yesterday, SB 118, Constitutional Carry, was defeated due to several Senators reversing their initial vote of support on the bill.  Two of the Senators who flip-flopped were Senators Patrick Connick (SD-8) and Louie Bernard (SD-31). 

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

News  

Monday, July 19, 2021

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

Last September we reported on the saga of Ka'Mauri Harrison, a Louisiana elementary school student who was suspended for having a BB gun that happened to come into view while the fourth grader was participating in online ...

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Tuesday, July 20, 2021

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. NRA-ILA’s opening brief is located here.

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Wednesday, July 21, 2021

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. And just last week, NRA-ILA filed the opening brief in this crucial case, which is located here.

NRA-ILA Applauds Sen. Ted Cruz and U.S. Senators’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Wednesday, July 21, 2021

NRA-ILA Applauds Sen. Ted Cruz and U.S. Senators’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. NRA-ILA’s opening brief is located here.

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.