Daily Archives: Wednesday 12 December 2012

Legal News of the Day: Seventh Circuit Finds Ban on Concealed Weapons Unconstitutional

On Tuesday, in a 2-1 decision, the Seventh Circuit Court of Appeals found Illinois’s ban on carrying concealed firearms unconstitutional based on a 2008 Supreme Court decision, District of Columbia v. Heller, which overturned a D.C. handgun ban.  In his decision for Moore v. Madigan, Judge Richard Posner wrote that the Second Amendment “confers a right to bear arms for self-defense, which is as important outside the home as inside,” and that Illinois failed to show “more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety.”  The court will give the Illinois legislature 180 days to craft a new law regulating how weapons are carried.

See SCOTUSBlog’s analysis of the case.  There is some speculation that the case could be headed to the Supreme Court, particularly since the ruling appears to conflict with a recent decision by the Second Circuit.