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Author Topic: SAF victory in Moore v Madigan  (Read 4743 times)

Offline jonbouy00

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SAF victory in Moore v Madigan
« on: December 11, 2012, 01:00:45 PM »
VICTORY in the SAF case Moore v Madigan

Link to opinion Court of Appeals 7th Circuit: http://www.ca7.uscourts.gov/tmp/NY0OCIY4.pdf
Jon
The phrase,"common sense" no longer means, common sense.

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SAF victory in Moore v Madigan
« on: December 11, 2012, 01:00:45 PM »

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Offline GunLink

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Re: SAF victory in Moore v Madigan
« Reply #1 on: December 11, 2012, 03:30:57 PM »
Link is broken.  The opinion can be found here.




Below is a SAF press release:

SAF WINS HUGE VICTORY FOR CARRY IN ILLINOIS

BELLEVUE, WA – The Second Amendment Foundation has won a huge victory for the right to bear arms outside the home, with a ruling in the Seventh Circuit Court of Appeals that declares the right to self-defense is "broader than the right to have a gun in one's home."

The case of Moore v. Madigan, with Judge Richard Posner writing for the majority, gives the Illinois legislature 180 days to "craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public."

"We are very happy with Judge Posner's majority opinion," said SAF founder and Executive Vice President Alan M. Gottlieb. "This is a victory for Illinois citizens who have been long denied a right recognized in the other 49 states; to have the means necessary for self-defense outside the home.

"In the broader sense," he added, "this ruling affirms that the right to keep and bear arms, itself, extends beyond the boundary of one's front door. This is a huge victory for the Second Amendment."

"The Second Amendment," Judge Posner writes, "states in its entirety that '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.' The right to 'bear' as distinct from the right to 'keep' arms is unlikely to refer to the home. To speak of 'bearing' arms within one's home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home."

Later, Judge Posner adds, "To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald."

"That the court will give Illinois lawmakers six months to craft a law allowing carry outside the home recognizes that the right to bear arms means what it says," Gottlieb concluded. "The ball is now in the Legislature's court, and we eagerly wait to see how well they can live up to their responsibility."

About SAF
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.
« Last Edit: December 11, 2012, 05:12:15 PM by GunLink »

Offline GunLink

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Re: SAF victory in Moore v Madigan
« Reply #2 on: December 11, 2012, 05:08:19 PM »
And the NRA-ILA press release:

Victory for Self-Defense and the Second Amendment

The United States Court of Appeals for the Seventh Circuit ruled today that Illinois' total ban on carrying firearms for self-defense outside the home or business is unconstitutional. The case involves lead plaintiff Mary Shepard, an Illinois resident and a trained gun owner, who is licensed to carry a concealed handgun in both Utah and Florida. The National Rifle Association is funding this case. The Illinois State Rifle Association is a co-plaintiff in this case.

"Today's ruling is a victory for all law abiding citizens in Illinois and gun owners throughout the country," said Wayne LaPierre, Executive Vice President of NRA. "The court recognized that the text and history of the Second Amendment guarantee individuals the right to carry firearms outside the home for self-defense and other lawful purposes. In light of this ruling, Mary Shepard and the people of Illinois will finally be able to exercise their Second Amendment rights."

On September 28, 2009, while working as the treasurer of her church, Ms. Shepard and an 83-year-old co-worker were viciously attacked and beaten by a six-foot-three-inch, 245 pound man with a violent past and a criminal record. Ms. Shepard and her co-worker were lucky to survive, as each of them suffered major injuries to the head, neck and upper body. Ms. Shepard's injuries required extensive surgeries and she continues physical therapy to this day attempting to recover from her injuries.

In today's decision, Judge Richard Posner ruled that Illinois' ban on carriage is unconstitutional. The Judge went on to say, "One doesn't have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. . . .  Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk than in his apartment on the 35th floor."

"Today's ruling is a major victory for law-abiding Illinoisans—and for everyone who understands that the Second Amendment protects the right both to keep arms, and to bear arms," added Chris W. Cox, executive director of NRA's Institute for Legislative Action. "This ruling makes clear that Illinois cannot deny law-abiding residents the right to carry a firearm for self-defense outside the home. This is a step in the right direction for all gun owners. We know it probably won't be the end of this case, and we're ready to keep fighting until the courts fully protect the entire Second Amendment."

Offline jonbouy00

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Re: SAF victory in Moore v Madigan
« Reply #3 on: December 12, 2012, 09:10:13 AM »
In the post above, the link probably is not broken. The site was taking more hits yesterday than it could handle.

IllinoisCarry memo:
 
Major Victory In Illinois!
Court Rules Ban on Right to Carry
UNCONSTITUTIONAL!!
 
 
The U. S. 7th Circuit Court of Appeals handed pro-carry advocates a huge victory in a 2-1 ruling today. The court declared the state's ban on the Right to Carry unconstitutional. The court remanded Shepard vs Madigan and Moore vs Madigan back to their respective U.S. District Courts with a directive mandating the courts deem the ban unconstitutional and ordered them to grant a permanent injunction against the ban in both cases.  The 7th Circuit justices also granted a 180 day stay on that decision to allow the state legislature time to pass a reasonable Right to Carry law.
 
The Illinois Attorney General's office can request an en banc ruling from the entire panel of 7th Circuit judges or appeal the ruling to the U.S. Supreme Court.
 
The challenge IllinoisCarry members now face is fending off a bad Chicago-style Right to Carry bill  and to get a good bill passed.
 
IllinoisCarry extends its appreciation and gratitude to the Second Amendment Foundation and attorneys Alan Gura and David Sigale for representing IllinoisCarry and other plaintiffs in the Moore vs Madigan lawsuit.  IllinoisCarry would also like to thank the Illinois State Rifle Association, the NRA, and their attorneys for representing Mary Shepard in Shepard vs Madigan.
 
Thank you to Dick Heller, Otis McDonald, and Rhonda Ezell for their landmark rulings which laid the foundation for the ruling delivered today.  Thank you to these great patriots whose trailblazing Second Amendment victories made today possible.

To follow the discussion of this landmark ruling please visit IllinoisCarry.com. 
 
PERSONAL COMMENT: If you are from IL or have friends from IL, encourage them to stay on top of this. IGOLD this year may be more important than ever until there is actually a concealed carry bill in place.
 
Jon
The phrase,"common sense" no longer means, common sense.

Offline GunLink

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Re: SAF victory in Moore v Madigan
« Reply #4 on: December 12, 2012, 02:00:43 PM »
Original link still says "page cannot be found."




GunLink Blog:  Illinois Second Amendment Victory is a Good Start

Offline jonbouy00

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Re: SAF victory in Moore v Madigan
« Reply #5 on: December 12, 2012, 03:33:36 PM »
regarding the Twitter posting. I think it is loooong overdue. Excuses and deviousness is what has been spouted by the anti's. I am 61 and my wife is similar. I want to be able to protect her and myself. I want her to be able to protect herself and me. Neither of us has any kind of serious infringements with the law, speeding etc is it.

Chicago has NO RIGHT, or reason, to take away the ability for us to defend ourselves against someone with nefarious and felanous intent. It does boil down to Chicago too. Why in the world you can't see what years of gun control has brought them, I will never know.

Unless it really isn't about public safety?

Just for the record, I have not spent a dime in Chicago for many many years. IF you can, stay away from that place.
Jon
The phrase,"common sense" no longer means, common sense.

Offline masfonos

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Re: SAF victory in Moore v Madigan
« Reply #6 on: December 13, 2012, 11:20:20 AM »
Long overdue is an understatement; it should have never been allowed to get to that point to begin with.  It's baffling how the powers that be could have thought it was OK in the first place, let alone pass muster for any sort of reasonable system of checks and balances. 

I think it's a sad situation when something in direct contravention of the Constitution has to go this far through the legal system before someone says that it's a no-no.

I hope they don't find a way to get around it, overturn it or, even worse, use it as a way to impose more restrictions.  Hopefully this is another piece towards restoring 2A rights like the Heller and McDonald cases.

Offline jonbouy00

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Re: SAF victory in Moore v Madigan
« Reply #7 on: December 13, 2012, 08:35:46 PM »
Two things:
1. Link to SAF's amended complaint for Moore v Madigan listing plaintiff's
http://saf.org/viewpr-new.asp?id=359

2. If you know anyone in Illinois who will want concealed carry license, make sure they have their FOID card or are applying for it NOW. In theory 30 days to get, historical is longer and the FOID will most likely be a prerequisite.
Jon
The phrase,"common sense" no longer means, common sense.

Offline GunLink

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Re: SAF victory in Moore v Madigan
« Reply #8 on: December 13, 2012, 09:15:52 PM »
Quinn, Emanuel assail court's concealed carry decision
via Chicago Tribune

Gov. Pat Quinn on Wednesday indicated he would like to see assault weapons banned in Illinois as lawmakers this spring revise state law to allow some form of concealed carry to comply with a court ruling that tossed aside a long-standing ban on allowing people to carry weapons.

Meanwhile, at City Hall, Mayor Rahm Emanuel blasted Tuesday's federal appellate court decision as "wrongheaded" as he offered legal help to Illinois Attorney General Lisa Madigan as she weighs an appeal.
(continue reading...)
« Last Edit: December 13, 2012, 10:09:49 PM by GunLink »

Offline 1slickAR15

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Re: SAF victory in Moore v Madigan
« Reply #9 on: December 13, 2012, 09:20:17 PM »
Awesome news.  Gun rights get taken little by little and thats how we have to get them back too