Skip to main content

Illinois Concealed Carry Law Struck Down

Illinois Concealed Carry Law Struck Down

I was one of those who thought it would be years, if ever, before Illinois citizens would be able to carry concealed weapons. The current equilibrium in the state legislature, where Downstaters deny Chicago an assault weapons ban while those from the state's largest city return the favor on concealed carry, was just too convenient for both sides.

The 7th U.S. Circuit Court of Appeals has tossed a big surprise into that punchbowl, ruling that Illinois' standing as the only state to forbid any form of concealed carry violates the Second Amendment. "Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden," the court said.

At times the court seemed to be holding its nose a bit, but clearly cited the Heller and McDonald decisions by the U.S. Supreme Court.

"We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside."


The court gave the state 180 days to craft a concealed carry system passing constitutional muster. What that crafting might yield can be inferred from the confusing remarks of House Majority Leader Barbara Flynn Currie:


"If we need to change the law, let us at least craft a law that is very severely constrained and narrowly tailored so that we don't invite guns out of control on each of our city's streets," Currie said. "I don't want people out of control wandering the streets with guns that are out of control."

Cynics will notice the three uses of the phrase "out of control" in 56 words and wonder just what level of control is operational in Chicago, which is having a record run of shootings.

Downstate concealed carry advocates were jubilant and uncompromising in their reaction to the unexpected breadth of the ruling. They have had agonizing negotiations with upstate politicos over very piecemeal improvements in Illinois carry regulations, and now plan to take a firm line with chastened Chicago legislators, who have had first to swallow the McDonald decision and now this one. Rules that would have happily been accepted a month ago are likely to be spurned this time.

Not everyone in Chicago was disappointed. Ald. Howard Brookins, chairman of the City Council black caucus, told the Tribune "I think (law-abiding citizens) have a gun now, they've just been made criminals because they can't legally have it." And I think the gangbangers and thugs are going to have a gun regardless."


In light of the Donne Trotter arrest (see below), he might have added that Chicago politicians are also going to have a gun regardless. All that's changing now is that their constituents will have a chance to be protected in the same fashion.

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

See More Recommendations

Popular Videos

SCCY CPX-4 in .380 ACP

SCCY CPX-4 in .380 ACP

New for 2019 is the SCCY CPX-4, a .380 ACP semi-automatic pistol that extends beyond the existing SCCY CPX-3 line of pistols.

Pioneer Arms PPS-43C Pistol

Pioneer Arms PPS-43C Pistol

The PPS-43 served Poland and the Russians during WWII. It is now available as a pistol for the US market.

3 Ring Silencers

3 Ring Silencers

Patrick Sweeney heads to the range to look at suppressors from 3 Ring Silencer Corporation.

See More Popular Videos

Trending Articles

This article will walk you through the process of building a Glock pistol from an 80 percent frame.How To Build a Glock From an 80 Percent Frame Gunsmithing

How To Build a Glock From an 80 Percent Frame

Gus Norcross - August 13, 2020

This article will walk you through the process of building a Glock pistol from an 80 percent...

Developed to replace the venerable AK-74, the Blow-Back Shifted Pulse AN-94 Nikonov is a fascinating hyper-burst design which faded away after the death of its designer.Russian 5.45x39mm AN-94 Nikonov Review Rifles

Russian 5.45x39mm AN-94 Nikonov Review

David M. Fortier - August 14, 2020

Developed to replace the venerable AK-74, the Blow-Back Shifted Pulse AN-94 Nikonov is a...

The Wilson Combat-SIG Sauer WCP320 pistol is now legal for IDPA Stock Service Pistol Class Competition and USPSA Production/Carry Optics Classifications.WCP320 Pistol Now Legal for IDPA and USPSA Handguns

WCP320 Pistol Now Legal for IDPA and USPSA

Firearms News Staff - August 14, 2020

The Wilson Combat-SIG Sauer WCP320 pistol is now legal for IDPA Stock Service Pistol Class...

Anarchy Outdoors has introduced a series of upgrades for the T/C Compass and Venture rifles.Anarchy Outdoors Introduces Upgrades For T/C Compass and Venture Rifles Rifles

Anarchy Outdoors Introduces Upgrades For T/C Compass and Venture Rifles

Firearms News Staff - August 22, 2020

Anarchy Outdoors has introduced a series of upgrades for the T/C Compass and Venture rifles.

See More Trending Articles

More 2nd Amendment

The Second Amendment Foundation and several partners today filed a federal lawsuit challenging California's one-gun-per-month limit, declaring the limitation a violation of the Second Amendment.SAF Lawsuit Challenges California's One-Gun-Per-Month Restriction 2nd Amendment

SAF Lawsuit Challenges California's One-Gun-Per-Month Restriction

Firearms News Staff - December 21, 2020

The Second Amendment Foundation and several partners today filed a federal lawsuit challenging...

Skyrocketing murder rates in several major American cities with strict gun laws offer hard evidence that gun control isn't just a failed policy, it's a disaster.Skyrocketing Murders in Major Cities Underscore Gun Control Disaster 2nd Amendment

Skyrocketing Murders in Major Cities Underscore Gun Control Disaster

Firearms News Staff - December 03, 2020

Skyrocketing murder rates in several major American cities with strict gun laws offer hard...

Months after the incident where the McCloskeys protected their property from a large mob loudly marching down the private sidewalk of their home, a judge has kicked St. Louis Circuit Prosecutor Kim Gardner and her staff off Mark McCloskey's case.Prosecutor Gardner Kicked Off Mark McCloskey Case 2nd Amendment

Prosecutor Gardner Kicked Off Mark McCloskey Case

Mark Chesnut - December 15, 2020

Months after the incident where the McCloskeys protected their property from a large mob...

China is using their totalitarianism to infiltrate, weaken and sabotage U.S. and allied interests at home and abroad.China Ramps Up Tyranny as U.S. Follows Suit 2nd Amendment

China Ramps Up Tyranny as U.S. Follows Suit

David Codrea - December 23, 2020

China is using their totalitarianism to infiltrate, weaken and sabotage U.S. and allied...

See More 2nd Amendment

Magazine Cover

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW OUR CURRENT ISSUE Arrow

Buy Digital Single Issues

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Buy Single Digital Issue on the Firearms News App

Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Phone Icon

Get Digital Access.

All Firearms News subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now