A federal court on Friday delivered a major victory to gun rights supporters, denying a petition to rehear a December ruling that declared an Illinois law prohibiting people from carrying concealed handguns in public unconstitutional.
“There is no suggestion that some unique characteristic of criminal activity in Illinois justifies the state’s taking a different approach from the other 49 states,” Judge Richard A. Posner wrote in the opinion upheld Friday. “If the Illinois approach were demonstrably superior, one would expect at least one or two other states to have emulated it.”
“It is now clear that no state can deny law-abiding residents the right to carry a firearm for self-defense outside the home,” he said.
“We have been fighting this case for years and are prepared to keep fighting until the courts fully protect the entire Second Amendment,” he said. The NRA is funding the case.
Three judges on the 10-judge U.S. Court of Appeals for the Seventh Circuit joined Judge David F. Hamilton in dissenting. Judge Michael S. Kanne did not participate in the consideration of the state’s petition to re-hear the case before the full court.
A three-judge panel ruled in December that the Illinois legislature had 180 days to come up with some type of concealed-carry law, overruling gun control proponents.
Recent Supreme Court rulings on gun rights have left open the question of whether the “individual right to keep and bear arms at home under the Second Amendment extends beyond the home,” Judge Hamilton wrote in the dissent. “The panel’s split decision in these cases goes farther than the Supreme Court has gone and is the first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public.”
© Copyright 2013 The Washington Times, LLC. Click here for reprint permission.
David Sherfinski covers politics for The Washington Times. He can be reached at firstname.lastname@example.org.
By John Solomon
How the government's punishing of the exposure of official wrongdoing can linger for years
Independent voices from the TWT Communities
Movie reviews, interviews, including the latest on DVR and Blu-Ray.
A mother of three and a passionate conservative, Shirley Husar changes the game.
A collection of communities writers columns on Benghazi
We welcome you to the intimate and personal thoughts on the news and events we, as editors, watch, read, and discuss with our writers every day.
Benghazi: The anatomy of a scandal
Vietnam Memorial adds four names
Cinco de Mayo on the Mall
NRA kicks off annual convention
California wildfires wreak havoc