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View Diary: RKBA: Illinois. About time. (355 comments)

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  •  Thanks, I missed that n/t (2+ / 0-)
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    KVoimakas, LilithGardener

    If knowledge is power and power corrupts, does that mean that knowledge corrupts?

    by AoT on Tue Jan 14, 2014 at 10:02:53 AM PST

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    •  There were two IL cases worth noting, IMHO (3+ / 0-)
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      lyvwyr101, Crookshanks, AoT

      - or at least 2 cases, in the 7th Circuit, which includes Illinois.

      Moore v. Madigan - I think that's the case KV is referring to. The Appeals Court struck down Illinois ban on carrying a concealed handgun in public. With the decision they issued a 6 month stay to allow the IL legislature to pass a CCW licensing scheme.

      CCW advocates won at the appeals court level and Illinois threw open the doors of public carry. IL attorney general elected not to appeal, which was appropriate given Heller & McDonald. Why waste the taxpayer's money?

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Tue Jan 14, 2014 at 03:09:48 PM PST

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    •  Ezell v City of Chicago was also interesting (4+ / 0-)
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      lyvwyr101, Crookshanks, AoT, jabbausaf

      Ezell v Chicago

      After McDonald the City council passed a training requirement that included 1 hour of range time. And the promptly passed a ban on any civilian firing ranges within the city limits. District Court upheld and the Appeals Court struck it down as an unconstitutional burden on the RKBA.

      For nearly three decades, the City of Chicago had several ordinances in place “effectively banning handgun possession by almost all private citizens.” McDonald v. City of Chicago, ––– U.S. ––––, ––––, 130 S.Ct. 3020, 3026, 177 L.Ed.2d 894 (2010). In 2008 the Supreme Court struck down a similar District of Columbia law on an original meaning interpretation of the Second Amendment.1 District of Columbia v. Heller, 554 U.S. 570, 635–36, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). Heller held that the Amendment secures an individual right to keep and bear arms, the core component of which is the right to possess operable firearms—handguns included—for self-defense, most notably in the home. Id. at 592–95, 599, 628–29.

      Soon after the Court's decision in Heller, Chicago's handgun ban was challenged. McDonald, 130 S.Ct. at 3027. The foundational question in that litigation was whether the Second Amendment applies to the States and subsidiary local governments. Id. at 3026. The Supreme Court gave an affirmative answer: The Second Amendment applies to the States through the Due Process Clause of the Fourteenth Amendment. Id. at 3050. In the wake of McDonald, the Chicago City Council lifted the City's laws banning handgun possession and adopted the Responsible Gun Owners Ordinance in their place.

      The plaintiffs here challenge the City Council's treatment of firing ranges. The Ordinance mandates one hour of range training as a prerequisite to lawful gun ownership, see CHI. MUN. CODE § 8–20–120, yet at the same time prohibits all firing ranges in the city, see id. § 8–20–080. The plaintiffs contend that the Second Amendment protects the right to maintain proficiency in firearm use—including the right to practice marksmanship at a range—and the City's total ban on firing ranges is unconstitutional. They add that the Ordinance severely burdens the core Second Amendment right to possess firearms for self-defense because it conditions possession on range training but simultaneously forbids range training everywhere in the city. Finally, they mount a First Amendment challenge to the Ordinance on the theory that range training is protected expression. The plaintiffs asked for a preliminary injunction, but the district court denied this request.

      We reverse. The court's decision turned on several legal errors. [...]

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Tue Jan 14, 2014 at 03:15:25 PM PST

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