Court Victory For Carry
Illinois judge declares right to self defense extends beyond home
The Second Amendment Foundation has won a huge victory for the right to bear arms outside the home, with a ruling in the Seventh Circuit Court of Appeals that declares the right to self-defense is "broader than the right to have a gun in one's home."
The case of Moore v. Madigan, with Judge Richards Posner writing for the majority, gives the Illinois legislature 180 days to "craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment … on the carrying of guns in public."
"We are very happy with Judge Posner's majority opinion," said SAF founder and Executive Vice President Alan M. Gottlieb. "This is a victory for Illinois citizens who have been long denied a right recognized in the other 49 states; to have the means necessary for self-defense outside the home.
"In the broader sense," he added, "this ruling affirms that the right to keep and bear arms, itself, extends beyond the boundary of one's front door. This is a huge victory for the Second Amendment."
"The Second Amendment," Judge Posner writes, "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.' 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."
Later, Judge Posner adds, "To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald."
"That the court will give Illinois lawmakers six months to craft a law allowing carry outside the home recognizes that the right to bear arms means what it says," Gottlieb concluded. "The ball is now in the Legislature's court, and we eagerly wait to see how well they can live up to their responsibility."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.