This case was a challenge to the constitutionality of Illinois’ complete ban on carrying firearms outside the home. Illinois is the last state to have such a ban, and the 7th Circuit has found it unconstitutional.
Judge Posner’s opinion is here [pdf]. There are three relevant points:
- To deny the right to keep and bear arms outside the confines of the home is to divorce it from its purpose of self-defense, and that’s inconsistent with the Supreme Court’s findings in Heller and McDonald.
- Rational basis doesn’t fly when it comes to the 2nd Amendment. Illinois needed to make a “strong showing” to justify a ban on carry, and they failed to do so.
- Claims that public safety may be adversely affected (the “blood in the streets” argument) are unclear, inconclusive, and have little bearing.
This is a big win, and not just for Illinois. Congratulations are due to the 2nd Amendment Foundation and the Illinois State Rifle Association (ISRA). Continued...