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Full Federal 7th Circuit Court refuses to hear Illinois AG's appeal of CCW ruling

1K views 5 replies 6 participants last post by  ymracing 
#1 ·
The full 7th Circuit Court ruled yesterday (2/22/2013) that it would not overturn or even hear an appeal of the lower courts finding that the Illinois total ban on Concealed Carry is unconstitutional. The result was to cause the speaker of the Illinois House of Representatives to schedule hearings next week on competing bills to allow some form of CCW in Illinois as well as some anti-gun bills unrelated to CCW. The conventional wisdom is there will be a law signed and sent to the governor in March.

Since there are competing CCW bills, it is likely that the Democratically (read: Chicago/Cooke County) controlled House will opt for the most restrictive CCW law they think they can get away with. While HB 997 (the NRA backed bill) is the one we hear the most about, (and is a SHALL ISSUE bill), there are MAY ISSUE bills expected to be offered as well. Also, depending on the house rules that govern debate, HB 997 could be amended.

If a MAY ISSUE bill is adopted, it would most likely be along the lines of the infamous New Jersey law which is virtually the same as no right to carry CCW at all since it is virtually impossible for the average citizen to get a CCW permit in New Jersey.

Since MAY ISSUE has been stuck down in Maryland by the Federal courts as infringing on the Second Amendment, any similar Illinois law would mean the fight for a real CCW law in Illinois could continue for many years until the Supreme Court rules on the Maryland case. (An affirmative ruling upholding the lower court's finding in that case would finally release the long suffering New Jersey citizens from bondage as well as all the other MAY ISSUE states, but it will probably be a long time before the Supreme Court hears anything having to do with that particular issue.)

In summary, I think (hope) most of us here on the forum are united in wanting the citizens of Illinois to get a decent CCW law. But unless they bury their representatives with emails supporting HB997 in the next week, they may end up with little more than a hollow court victory for many years.
 
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#2 · (Edited)
What troubles me, is that there is now a growing gap - huge for some conflicts, between existing laws that are *not* upheld, and the new laws proposed that are stuck in a legal process.

We have a SEVERE and chronic problem with unenforced laws already on the books, and someone's need to feel we need laws to enforce the old ones...yet neither are enforced.

I'm seeing it all over. Another area of example (not to change the subject - this is another discussion going on with voters that is caught in the legal "dead zone"): In Houston, there was a very quiet, but growing battle where they simply decided to stop taking charges anytime an LEO positively found marijuana residue (such as a crack pipe in the accused owner's car). Police would arrest them, following valid processes including testing to verify substances, only to have the DA to reject charges. This is a symptom of many on many topics. The motivation is rumored to cut down on "unnecessary jail population" because Harris Cty was always overcrowded (and get in trouble during annual jail inspections). This was instead of working the actual problem (housing inmates from other locations). The DA finally got in trouble for it, and was not reelected. The new DA started taking charges again...interestingly.
 
#3 ·
As we all know, the Democrats in the People's Republic of Illinois will do everything in their power to deprive the citizens of their 2nd Amendment rights.
 
#5 ·
Cooke County has held back that whole state from being in line with everyone else. Cooke County (Chicago) is Obama country and is so corrupt it’s amazing they get anything done... look at Jesse Jr.... busted with election fraud (750,000 dollars)
 
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