The Illinois Supreme Court has ruled [pdf] that the state cannot ban the carry of firearms. If this sounds familiar, it’s because the 7th Circuit issued a similar opinion in December. This one supplements the Moore decision.
After reviewing these two lines of authority–the Illinois cases holding that section 24-1.6(a)(1) is constitutional, and the Seventh Circuit’s decision holding that it is not–we are convinced that the Seventh Circuit’s analysis is the correct one. As the Seventh Circuit correctly noted, neither Heller nor McDonald expressly limits the second amendment’s protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home. Moreover, if Heller means what it says, and “individual self-defense” is indeed “the central component” of the second amendment right to keep and bear arms, then it would make little sense to restrict that right to the home, as “[c]onfrontations are not limited to the home.”
Continued...