The ruling, by the U.S. Court of Appeals 7th Circuit, is a complex 47-page decision, but the crux is on Page 4: “(T)he constitutional right of armed self defense is broader than the right to have a gun in one’s home.”
State officials are still deciding whether to appeal the decision to the U.S. Supreme Court. Meanwhile, pro-gun advocates are declaring victory in the last concealed-carry battle in America.
Excerpt from the ruling:
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 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 therefore compels us to reverse the decisions in the two cases before us and remand them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions. Nevertheless we order our mandate stayed for 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.
REVERSED AND REMANDED, WITH DIRECTIONS;
BUT MANDATE STAYED FOR 180 DAYS.