Wavering Optimism

Today, the Supreme Court declined to hear Kachalsky v. Cacase, a challenge to New York’s arbitrary restrictions on issuing carry permits. I had high hopes for this one, but there are other potential candidates.

First is the Woollard case. We had a favorable ruling in the District Court, but it was overruled by the 4th Circuit last month. A rehearing is still a possibility.

The 7th Circuit’s decision in our favor in Moore v. Madigan still stands. That creates a split among the Circuits, which begs hearing by the Supreme Court, but they may be biding their time. Illinois still has to hash out a workable law, and while Attorney General Madigan seems reluctant to appeal, Governor Emmanuel most likely will. Still, we may not get a case heard this session.

On the legislative front, S. 649 appears to be gaining traction and support in the Senate, thanks to the odious Manchin/Toomey “compromise.” Had it not been for that measure, this bill would have been a cut-and-dry party-line vote, and it wouldn’t have a chance at passage. Let’s take a moment to remember that Republicans are fairweather friends at best on gun issues, and we need to keep the pressure on them.

For those who think the bill isn’t that bad, Dave Kopel has an article over at Volokh pointing out a few troublesome aspects. While it may prevent the Attorney General from establishing a registry, it doesn’t stop anyone else from doing so. There’s also a little provision that could gut the “peaceable journey” provision from the FOPA.

Make sure your legislators know this. The other side is doing a shameless full-court press to guilt them into submission, and we have only the facts on our side.