Tuesday, April 24, 2012

Federal lawsuit seeks concealed-carry for Illinois

SPRINGFIELD - Hoping to bring Illinois in line with 49 other states, gun rights activists asked a federal judge Thursday to lift the state's one-of-a-kind ban on carrying concealed weapons in public.
In testimony before U.S. District Judge Sue Myerscough, attorneys with the Bellevue, Wash.-based Second Amendment Foundation said recent court cases that have tossed out gun restrictions in other jurisdictions provide the legal grounds for changing Illinois gun laws.
Attorney David Jensen said the restrictions deprive Illinoisans of the right of armed self-defense.
The lawsuit, filed by Michael Moore of Champaign, is among at least two cases winding their way through the federal legal system seeking to alter Illinois' status as the lone holdout in the nation when it comes to allowing citizens to carry concealed weapons.
The court battle comes as state lawmakers have been unable to agree on a law legalizing the practice. Earlier this year, a concealed-carry proposal fell six votes short of moving out of the Illinois House.
In arguing Thursday against lifting the ban, Illinois Assistant Attorney General Terrence Corrigan said the gun rights supporters have no standing to move forward with the case.
"There has been no claim of individual harm," Corrigan said.
In addition, Corrigan said if the Second Amendment Foundation is successful, people would be able to carry firearms with little, if any, regulations on where they could take them.
Myerscough told the attorneys that it could be a few days before she makes a decision in the case.
"I will not promise it will be tomorrow," the judge said


The state of Illinois has a unlawful use of a weapon law currently on the books. After review by the Illinois Appellate Court has ruled that this law is unconstitutional in regards to civilians possessing, carrying, and owning a firearm under the 2nd Amendment of the U.S. Constitution. To quote the Appellate Court “ Under the Illinois State Constitution 22nd Amendment the state can change the laws to protect state security and public safety. However federal supersedes state law and under the United States Constitution a Federal document by the United States Government finds the State of Illinois is in violation of the 2nd Amendment of the federal laws of the land. However this court recommends that the action be taken to a federal level and until then the state must caution all law enforcement that any arrest of a law abiding citizen can result in the department, the officer, the city, village, the county and the state financially responsible of any firearm taken and destruction of firearm that is ordered to be returned to the owner. The state, county, city, village, and officer can also be held accountable for unlawful arrest, detainment, and violation of civil rights under federal laws and this is to stand until the United States Supreme Court has ruled that the State of Illinois must pass some type of concealed carry law in accordance with the law of the land.”      

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