Appellate Court Overturns Illinois Gun Law

Tuesday, December 11th, 2012 and is filed under Issues, News

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Washington D.C. isn’t the only jurisdiction that had archaic anti-carry laws.  Illinois statute bans almost everyone from carrying guns outside their homes.  That law has been tossed by the Seventh Circuit Court of Appeals.  Judge Richard Posner, writing for the majority opinion, uses the rationale established by the Supreme Court in Heller and McDonald.

The Second Amendment 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” (emphasis added).  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.And 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. Suppose one lived in what was then the wild west the Ohio Valley for example(for until the Louisiana Purchase the Mississippi River was the western boundary of the United States),where there were hostile Indians. One would need from time to time to leave one’s home to obtain supplies from the nearest trading post, and en route one would be as much (probably more) at risk if unarmed as one would be in one’s home unarmed.