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Will Seventh Circuit Reverse Illinois Ban on Guns in Public?

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By Robyn Hagan Cain on February 08, 2012 3:06 PM

Last week, a federal judge dismissed a challenge to the Illinois ban on carrying guns in public, finding that the Second Amendment only provides a narrow right to the right to bear arms.

Plaintiffs in the case, Moore v. Madigan, have filed a notice of appeal with the Seventh Circuit Court of Appeals, indicating that they plan to challenge the ruling.

Illinois has some of the toughest gun laws in the U.S. The state prohibits concealed carry, as well as open carry in public areas, according to USACarry.com. A person with a valid Illinois Firearm Owner's Identification Card (FOID) may carry a firearm in a vehicle if the firearm is unloaded and enclosed in a case.

Last year, four citizens, along with two pro-gun groups -- the Second Amendment Foundation Inc. and Illinois Carry -- sued to challenge the Illinois Unlawful Use of Weapons (UUW) and the Aggravated Unlawful Use of a Weapon (AUUW) statutes, claiming that laws that prohibit people from carrying guns in public, whether concealed or in open view, violate the Second Amendment of the U.S. Constitution, reports The State Journal-Register.

On Friday, U.S. Judge Sue Myerscough dismissed the lawsuit because the plaintiffs could not demonstrate that they were likely to prevail. In her opinion, Judge Myerscough wrote "The United States Supreme Court and the Seventh Circuit [Court of Appeals] have recognized only a Second Amendment core individual right to bear arms inside the home. Further, even if this court recognized a Second Amendment right to bear arms outside of the home and an interference with that right, the statutes nonetheless survive constitutional scrutiny."

What do you think? Will the Seventh Circuit Court of Appeals side with the state, or will it find the Illinois ban on carrying guns in public places unconstitutional?

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