Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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

Friday, January 17, 2014

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
Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

News  

Friday, September 27, 2019

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

On Sept. 25, the Democrat-led U.S. House Judiciary Committee held a 3 ½ hour “hearing” entitled “Protecting America From Assault Weapons.” That framing of the issue underscored the erroneous notion that Americans need protection from ...

Kentucky: Committee to Consider Firearm Seizures Without Due Process

Friday, November 15, 2019

Kentucky: Committee to Consider Firearm Seizures Without Due Process

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended ...

Trading Freedom for Safety

News  

Monday, November 18, 2019

Trading Freedom for Safety

“[N]othing is more important than ensuring that our fellow students feel safe,” explained the editors of The Daily Northwestern, the campus newspaper at Northwestern University. The statement was part of a lengthy apology published by the editors, ...

Sanders Burns the 2020 Democratic Primary Gun Control Agenda

News  

Monday, November 18, 2019

Sanders Burns the 2020 Democratic Primary Gun Control Agenda

As anti-gun as the 2020 Democratic presidential contenders have exposed themselves to be, much of the field still gives lip-service to the Second Amendment and the Constitution. Take for instance Joe Biden. The leading candidate’s campaign has said that ...

Joe Biden and His Gift for Gaffes

News  

Monday, November 18, 2019

Joe Biden and His Gift for Gaffes

When the Democrats who are seeking their party’s nomination to run against Donald Trump in 2020 start talking about guns, anyone who supports our right to keep and bear arms knows to be concerned. Of ...

California: City of Carson Pushing Another Unconstitutional Resolution Targeting Lawful Gun Owners

Monday, November 18, 2019

California: City of Carson Pushing Another Unconstitutional Resolution Targeting Lawful Gun Owners

Tomorrow, November 19 at 5pm PST, the Carson City Council will be considering Resolution 19-186, which mirrors the failed attempt from September.  

No Protection for the Law that Protects the Firearm Industry: Supreme Court Passes on PLCAA Case

News  

Monday, November 18, 2019

No Protection for the Law that Protects the Firearm Industry: Supreme Court Passes on PLCAA Case

A law designed to protect the firearm industry from frivolous litigation is now in jeopardy thanks to inaction by the U.S. Supreme Court, which earlier this month passed on a petition to review a case ...

California: City of Carson Defeats Unconstitutional Resolution Targeting Lawful Gun Owners

Wednesday, November 20, 2019

California: City of Carson Defeats Unconstitutional Resolution Targeting Lawful Gun Owners

For the second time, the Carson City Council defeated Mayor Robles’ resolution (4 to 1) that would only effect law-abiding citizens.  The City Council also voted 4 to 1 to not bring this resolution back ...

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.

Tuesday, November 19, 2019

Florida Alert! Update on NRA Lawsuit in Florida 18-21-Year-Old Sales Ban Case

The National Rifle Association has abandoned an effort to keep secret the identities of two young adults in a challenge to a state law raising the age to purchase rifles and other long guns.

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.