REAL CONSERVATIVES

NEVER TOLERATE TYRANNY!....Conservative voices from the GRASSROOTS.

Is this court decision just a red herring or are we finally being heard about preservation of our US Constitution?

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Second Amendment

February 23, 2013

7th Circuit won’t hear Illinois concealed-carry case

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Earlier ruling that ban is unconstitutional will stand

(Yahoo) – According to an article from the Associated Press , in an extremely divided decision on Friday, the U.S. 7th Circuit Court of Appeals has denied Illinois State Attorney General Lisa Madigan’s request to reconsider a ruling that decided that the state’s concealed carry firearms ban was unconstitutional. After a decision was handed down by a panel this past December, Madigan pursued a court ruling to have it overturned under the argument that the ruling conflicts with decisions from other appellate courts.

Here are some facts and details about the court of appeal’s decision and Illinois’ move towards allowing concealed weapons:

* Bloomberg Businessweek reported that the Chicago-based 7th Circuit Court of Appeals voted 5-4, with nine of the court’s 10 members voting, to reject Madigan’s request for a full court reconsideration of the ruling.

* The three-judge court that originally decided Illinois’ ban was a second amendment violation was also split on its vote.

* The court’s dissent, written by U.S. Circuit Judge David Hamilton, agreed with Madigan’s argument that the decision reversing Illinois’ ban went beyond the scope of a U.S. Supreme Court ruling in the case of District of Columbia v. Heller.

* The U.S. Supreme Court has yet to decide whether an individual’s right to bear arms extends beyond the limits of their private home.

* Hamilton’s dissent emphasized that the December ruling is the “first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public.”

* Additionally, Illinois is the only state in the country that doesn’t allow citizens to carry concealed weapons.

* Madigan’s office said that it has not decided to drop the pursuit of making sure the ban stays in place and is determining the next step to take, noted WLS .

* According to the Chicago Tribune , Madigan could have the option to appeal directly to the U.S. Supreme Court or to leave the ruling as is.

* If Madigan decides to appeal to the U.S. Supreme Court, the split decision today and Hamilton’s dissent could benefit her case.

* Regardless, the Illinois General Assembly is still moving forward with a concealed carry bill. Under the December decision, the state has until June 8 to work out the legislative details and legalize concealed carry firearms.

* On Friday, the Illinois house Judiciary Committee held a hearing about a related bill in the Loop.

* In moving forward with the bill, Chicago Mayor Rahm Emanuel and other politicians in the state have expressed support of including tougher penalties for gun crimes, especially in light of allowing concealed carry weapons.

http://news.yahoo.com/court-denies-request-reconsider-overturn-illi...

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`Illinois is a leader in fracturing our Liberty and Freedom. Avoid going/being there.

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Comment by Gordon Ray Kissinger on February 24, 2013 at 12:42pm

Comment by Jim Delaney on February 24, 2013 at 10:59am

What's to say. Mindless, idiotic liberalism on full display for all sane persons to see. Shameless, lawless and sickening.

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