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Illinois right to carry conceal ban shot down by US Appeals

 
Anonymous Coward
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12/11/2012 04:16 PM
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Illinois right to carry conceal ban shot down by US Appeals
Right to Carry by state map: [link to www.gun-nuttery.com]

link to story: [link to www.chicagotribune.com]

The state of Illinois would have to allow ordinary citizens to carry weapons under a federal appeals court ruling issued today, but the judges also gave lawmakers 180 days to put their own version of the law in place.

In a 2-1 decision that is a major victory for the National Rifle Association, the U.S. Seventh Circuit Court of Appeals said the state's ban on carrying a weapon in public is unconstitutional.

"We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside," the judges ruled.

"The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense. Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden.

"The Supreme Court’s interpretation of the Second Amendment compelled the appeals court to rule the ban unconstitutional, the judges said. But the court gave 180 days to "allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public."

David Sigale, an attorney who represented the Second Amendment Foundation in the lawsuit, called the decision by the appeals court in Chicago “historic.”

“What we are most pleased about is how the court has recognized that the Second Amendment is just as, if not at times more, important in public as it is in the home,” he said. “The right of self-defense doesn’t end at your front door.”



In the opinion, Posner wrote that “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.”

Illinois Attorney General Lisa Madigan, a Democrat, is giving itself time to examine the ruling before deciding whether to appeal to the U.S. Supreme Court.

"The court gave 180 days before its decision will be returned to the lower court to be implemented,” said Natalie Bauer, Madigan’s spokeswoman. “That time period allows our office to review what legal steps can be taken and enables the legislature to consider whether it wants to take action."

Illinois is the only state in the nation not to have some form of conceal carry after Wisconsin recently approved law.
*HEISENBERG*

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12/11/2012 04:32 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
clappa
Anonymous Coward
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12/11/2012 04:34 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
clappa
Anonymous Coward
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12/11/2012 04:34 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
clappa
 Quoting: *HEISENBERG*


clappa
 Quoting: Oyster


^^^This^^^

About damned time.
DeathManGuy

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12/11/2012 04:35 PM

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Re: Illinois right to carry conceal ban shot down by US Appeals
This is the day most of us have been waiting for....180 days to produce the CCW law cannot come fast enough.
My life is not my own
Redpaw360

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12/11/2012 04:36 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
Total celebration cross Gun Forums for the right of the working man to defend himself from the zombies.

Finally, The Right To Carry without restrictions.
Oregon Constitution Article I, Section 27

The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.
Anonymous Coward
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12/11/2012 04:48 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
Anonymous Coward
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12/11/2012 04:48 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
hopefully they will honor Ohio's license.....
Anonymous Coward
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12/11/2012 04:51 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
looking at that map pisses me off,living in ny

quite frankly i rather a "no issue",its just not fair



i suppose only rich people and business owners have the right to protect themselves,fuck you new york jerkit
Anonymous Coward
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12/11/2012 04:52 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
Probably caused Rahmbo to start his cycle.
Anonymous Coward
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12/11/2012 04:59 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
So, it's a right, that can be infringed/regulated.

Double speak at its best.

A "right" is not granted, nor regulated by the Government, it is only enumerated or not in the Constitution(s).
DeathManGuy

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12/11/2012 05:02 PM

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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


Interesting perspective, I agree to a certain extent regarding the state rights were revoked, but I would argue the majority in the state wanted the right to conceal carry and that the state legislator was working against the rights of the people. People against conceal carry can simply choose not to carry and should not fear that law abiding citizens are a threat to them, however what we live in today is the reverse where it is a crime for the law abiding citizens to have a right to protect themselves and their families from criminals who obviously do not obey laws and like to have defenseless victims....
My life is not my own
Anonymous Coward
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12/11/2012 05:06 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


Still, the pawn was sacrificed. The alternative would have been not to win
422

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12/11/2012 05:21 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


This. And it has all been staged from the beginning. Its a power struggle and as you said chess.
“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” John Adams, Second President of the United States
422

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12/11/2012 05:24 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


Interesting perspective, I agree to a certain extent regarding the state rights were revoked, but I would argue the majority in the state wanted the right to conceal carry and that the state legislator was working against the rights of the people. People against conceal carry can simply choose not to carry and should not fear that law abiding citizens are a threat to them, however what we live in today is the reverse where it is a crime for the law abiding citizens to have a right to protect themselves and their families from criminals who obviously do not obey laws and like to have defenseless victims....
 Quoting: DeathManGuy


Then the people need to get their ass off the couch and get the legislators out.
“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” John Adams, Second President of the United States
Anonymous Coward
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12/11/2012 05:29 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
When I think of the fact that Daniel Boone or our founders didn't need a CCW it's all about the government controlling our lives. Everyday there's an assault on our freedom and more laws. They do away with one and create two more.
*HEISENBERG*

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12/11/2012 05:30 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


I don't think states rights took a hit......The courts have always been able to rule on the constitutionality of a law.

The feds didn't pass a law that supercedes the states law.

Like with Marijuana in Washington and Colorado. They as a state made it legal, but the feds have a law saying it's illegal. That is taking away states rights if the feds continue to prosecute in those states.
ItsMaKa2

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12/11/2012 05:30 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals


goodnews

Last Edited by ItsMaKa2 on 12/11/2012 05:31 PM
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Anonymous Coward
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12/11/2012 05:33 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


Sorry but I have to disagree with this. Our rights as a US citizen trump whatever a state tries to take away from you. You have the right to bear arms anywhere in the country, not just certain places.
422

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12/11/2012 05:34 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


I don't think states rights took a hit......The courts have always been able to rule on the constitutionality of a law.

The feds didn't pass a law that supercedes the states law.

Like with Marijuana in Washington and Colorado. They as a state made it legal, but the feds have a law saying it's illegal. That is taking away states rights if the feds continue to prosecute in those states.
 Quoting: *HEISENBERG*


And what do you think the feds plan is? Do you think local law enforcement is going to stand up to the feds when they start the crackdowns? Very few.
“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” John Adams, Second President of the United States
Anonymous Coward
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12/11/2012 05:39 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
Washington State.



Going to give them my finger prints and wait for my CPL.



Once I get my CPL I will by a Ruger 9mm.



Screw all of you liberal bitches.
*HEISENBERG*

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12/11/2012 05:40 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


I don't think states rights took a hit......The courts have always been able to rule on the constitutionality of a law.

The feds didn't pass a law that supercedes the states law.

Like with Marijuana in Washington and Colorado. They as a state made it legal, but the feds have a law saying it's illegal. That is taking away states rights if the feds continue to prosecute in those states.
 Quoting: *HEISENBERG*


And what do you think the feds plan is? Do you think local law enforcement is going to stand up to the feds when they start the crackdowns? Very few.
 Quoting: 422


I don't think local law enforcement will stand up to the feds, I think the feds will continue to prosecute. That's why I was saying that's a good example of states rights being ignored. But the courts ruling on the constitutionality of a law is not trumping states rights.
422

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12/11/2012 05:42 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


I don't think states rights took a hit......The courts have always been able to rule on the constitutionality of a law.

The feds didn't pass a law that supercedes the states law.

Like with Marijuana in Washington and Colorado. They as a state made it legal, but the feds have a law saying it's illegal. That is taking away states rights if the feds continue to prosecute in those states.
 Quoting: *HEISENBERG*


And what do you think the feds plan is? Do you think local law enforcement is going to stand up to the feds when they start the crackdowns? Very few.
 Quoting: 422


I don't think local law enforcement will stand up to the feds, I think the feds will continue to prosecute. That's why I was saying that's a good example of states rights being ignored. But the courts ruling on the constitutionality of a law is not trumping states rights.
 Quoting: *HEISENBERG*


Ok I misunderstood what you posted.
“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” John Adams, Second President of the United States
Fire WatchModerator
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12/11/2012 06:14 PM

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Re: Illinois right to carry conceal ban shot down by US Appeals
That is Fucking HUGE!
When the people fear the government, there is tyranny. When the government fears the people, there is liberty. Thomas Jefferson
-------------------------------------
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson
s. d. butler

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12/11/2012 06:36 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals


goodnews
 Quoting: ItsMaKa2


great video. Wonder what the imbeciles who claim americans are fat and lazy say when they see this?

there are millions of these guys.
TechRaider

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12/11/2012 06:40 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
5* and bump
Texas has yet to learn submission to any oppression, come from what source it may.
Sam Houston

"The beauty of the Second Amendment is that it will not be needed until they try to take it."
Thomas Jefferson
Anonymous Coward
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12/11/2012 06:46 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
This is actually a loss for concealed carry ...


look at it this way ... states rights took a hit today ....

next the fed will go after weed in colorado or whatever your state says that you agree with.


THis is chess, its a pawn sacrifice.
 Quoting: Anonymous Coward 1450879


Sorry but I have to disagree with this. Our rights as a US citizen trump whatever a state tries to take away from you. You have the right to bear arms anywhere in the country, not just certain places.
 Quoting: Anonymous Coward 27231023


Good luck with that. You have the right to a weapon but this is about carrying it around on the street. Not inside your house.

As I agree with you, it shouldnt matter just simply because of the constitution but states are a pain in the ass just as much as the fuckin feds.
Anonymous Coward
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12/11/2012 06:48 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
So the Illinois court OK'd your right to get government permission to carry a gun? LOL

CCW's are permits you idiots. You ask for PERMISSION to exercise a right you were already given by the Constitution.

Legally, whenever you have to ask the state for PERMISSION to exercise a right, you LOSE that right.

CC permits take away your rights, they don't grant them. Rights are gained by exercising them, not by asking for permission.
Anonymous Coward
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12/11/2012 06:51 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
clappa
 Quoting: *HEISENBERG*


YO, HEISENBERG!
[link to 2nd2nada.net]
*HEISENBERG*

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12/11/2012 06:59 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
clappa
 Quoting: *HEISENBERG*


YO, HEISENBERG!
[link to 2nd2nada.net]
 Quoting: Anonymous Coward 23400158


Ha, I love that.
s. d. butler

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12/11/2012 07:04 PM
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Re: Illinois right to carry conceal ban shot down by US Appeals
So the Illinois court OK'd your right to get government permission to carry a gun? LOL

CCW's are permits you idiots. You ask for PERMISSION to exercise a right you were already given by the Constitution.

Legally, whenever you have to ask the state for PERMISSION to exercise a right, you LOSE that right.

CC permits take away your rights, they don't grant them. Rights are gained by exercising them, not by asking for permission.
 Quoting: Anonymous Coward 29158753


Rights aren't "given" by a piece of man made paper. Otherwise great post.

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