Court ends Illinois ban on concealed weapons
Daily News Article — Posted on December 13, 2012
(by Don Babwin, Associated Press, Washington Times) CHICAGO – In a big victory for gun rights advocates, a federal appeals court Tuesday struck down a ban on carrying concealed weapons in Illinois – the only state where it had remained entirely illegal.
The 7th U.S. Circuit Court of Appeals said state lawmakers have 180 days to write a new law that legalizes concealed carry.
Gun rights advocates long have argued that the prohibition of concealed weapons violates the U.S. Constitution’s Second Amendment and what they [say] is Americans’ right to carry guns for self-defense [a right given to us through the 2nd Amendment]. The court majority agreed, reversing lower court rulings against a lawsuit that had challenged the state law.
“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,” Judge Richard Posner wrote in the court’s majority opinion. “The Supreme Court has decided that the amendment confers [gives] a right to bear arms for self-defense, which is as important outside the home as inside,” wrote Posner. “The theoretical and empirical [actual] evidence is consistent with concluding that a right to carry firearms in public may promote self-defense.”
He continued: “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.”
The court ordered its ruling stayed “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,” Judge Posner said.
Attorney General Lisa Madigan’s office, which is responsible for defending the state’s laws, said it was reviewing the ruling before deciding whether to appeal or take other action.
Also studying the opinion were aides to Gov. Pat Quinn, who favors strict gun control laws and proposed an assault weapons ban earlier this year that lawmakers defeated. Mr. Quinn has vowed to again bring legislation that would prohibit the sale or possession of semiautomatic rifles and other guns.
The leader of the Illinois State Rifle Association, Richard Pearson, praised the federal court’s decision and said the state could have a new concealed-carry law by early next month. A bill has already been written by Rep. Brandon Phelps of Harrisburg that includes provisions for background checks, field provisions and other issues, Mr. Pearson said.
“We are extremely pleased with the ruling,” Mr. Pearson said. “Now that the court has ruled we will work as soon as possible with legislators to craft a concealed-carry bill for the state of Illinois.”
He said lawmakers could consider it and pass it during a weeklong legislative session in January if they wanted to.
“Christmas came early for law-abiding gun owners,” said Mr. Phelps, whose proposed legislation came within three votes of passing in 2011. …
Copyright 2012 The Washington Times, LLC. From the Associated Press. Reprinted from the Washington Times for educational purposes only. Visit the website at washingtontimes.com.
Questions
1. a) What is the role of the U.S. Court of Appeals?
b) How has the 7th U.S. Circuit Court of Appeals ruled on the challenge to the Illinois law banning citizens from carrying concealed weapons?
2. What has the Court subsequently ordered state lawmakers to do regarding the Court's decision?
3. a) There are gun rights advocates, and gun control advocates. What is an advocate?
b) What argument have gun rights advocates used to promote the right of citizens to carry concealed weapons?
4. How did Judge Posner explain the majority opinion of the court?
5. a) Define stayed as used in paragraph 6.
b) Why did the court order its ruling stayed for 3 months?
6. Consider the following: At issue is the 2nd Amendment to the U.S. Constitution, which states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Gun control advocates (who are generally liberal) say that the Amendment only protects the right to keep and bear arms in connection with organized state militia units. Gun rights advocates (who are generally conservative) say that the Amendment protects individuals' rights to firearm ownership, possession, and transportation.
The U.S. Supreme Court ruled in its 2008 decision in District of Columbia v. Heller that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.
Until the ruling, Illinois was the only state where it had remained entirely illegal for a citizen to carry a gun. Gun control advocates are urging Illinois Attorney General Lisa Madigan to appeal Tuesday's ruling by the 7th U.S. Circuit Court of Appeals.
Do you think the Illinois Attorney General should appeal to the U.S. Supreme Court, or do you believe the 7th Court of Appeals ruled correctly? Explain your answer.
Background
STATE ATTORNEYS GENERAL:
State attorneys general possess many of the same powers and responsibilities as their counterpart in the federal government. A state attorney general’s office is typically a part of the executive branch of the state government. He or she is generally entrusted with the duties of prosecuting suits and proceedings involving state government and advising the governor and other administrative officers of the state government. Many state statutes also establish the state attorney general as the official legal advisor or representative of various departments and agencies. (from the Legal Dictionary)
THE U.S. COURT SYSTEM: There are two separate court systems in America. The federal court system deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution, while the state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government or explicitly deny to the states. (from uscourts.gov)
from BensGuide.gpo.gov:
- Most cases do not start in the Supreme Court. Usually cases are first brought in front of lower (state or federal) courts. Each disputing party is made up of a petitioner and a respondent.
- Once the lower court makes a decisions, if the losing party does not think that justice was served, s/he may appeal the case, or bring it to a higher court. In the state court system, these higher courts are called appellate courts. In the federal court system, the lower courts are called United States District Courts and the higher courts are called United States Courts of Appeals.
- If the higher court’s ruling disagrees with the lower court’s ruling, the original decision is overturned. If the higher court’s ruling agrees with the lower court’s decision, then the losing party may ask that the case be taken to the Supreme Court. But … only cases involving federal or Constitutional law are brought to the highest court in the land [the Supreme Court].
THE FEDERAL COURT SYSTEM:
(from usgovinfo.about.com/od/uscourtsystem/a/fedcourts.htm)
The Supreme Court
Created in Article III of the Constitution, the Chief Justice and eight associate justices of the Supreme Court hear and decide cases involving important questions about the interpretation and fair application of the Constitution and federal law. Cases typically come to the Supreme Court as appeals to decisions of lower federal and state courts.
The Courts of Appeals
Each of the 12 regional circuits has one U.S. court of Appeals that hears appeals to decisions of the district courts located within its circuit and appeals to decisions of federal regulatory agencies. The Court of Appeals for the Federal Circuit has nationwide jurisdiction and hears specialized cases like patent and international trade cases.
For a Circuit Court of Appeals map, go to uscourts.gov/court_locator.aspx.
The District Courts
Considered the trial courts of the federal judicial system, the 94 district courts, located within the 12 regional circuits, hear practically all cases involving federal civil and criminal laws. Decisions of the district courts are typically appealed to the district’s court of appeals.
The Bankruptcy Courts
The federal courts have jurisdiction over all bankruptcy cases. Bankruptcy cannot be filed in state courts. The primary purposes of the law of bankruptcy are: (1) to give an honest debtor a “fresh start” in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment.
Special Courts
Two special courts have nationwide jurisdiction over special types of cases:
- U.S. Court of International Trade – hears cases involving U.S. trade with foreign countries and customs issues
- U.S. Court of Federal Claims – considers claims for monetary damages made against the U.S. government, federal contract disputes and disputed “takings” or claiming of land by the federal government
Other special courts include:
- Court of Appeals for Veterans’ Claims
- U.S. Court of Appeals for the Armed Forces