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View Diary: This is why I carry a gun when I can. (219 comments)

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  •  Ummm ... is there any apparent Circuit conflict (1+ / 0-)
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    slothlax

    with Moore -- that holds as a matter of precedent for the constitutional right to carry a firearm in public?  Or is there a striking misinterpretation of Heller and McDonald in the 7th Circuit decision in its holding?

    No ... I thought not.

    You might feel perfectly free to deny the constitutional import of Moore given the present posture of the case ... I do not.  And If you do not agree with me, where do you believe the IL legislature now stands on this particular constitutional question?

    •  Responses (0+ / 0-)

      I don't think there is a misinterpretation of Heller in Moore - quite the contrary, I think it the logical next step in the process.

      One of two things is going to happen.  Either Illinois will amend their law to allow CCW permits and the District Court will find that the amended law complies with the Heller holding, or they will stand pat and appeal to the Supreme Court

      The Supreme Court will either deny cert, thus making Moore the law of the land in the 7th Circuit but nowhere else (unlikely), or grant cert and render a decision whether Heller should be extended to include carrying a weapon in public, which is what I think they will do.

      Either way, given the language of Heller on the validity of federal, state, and local laws governing various aspects of firearms, I think they will ratify those restrictions, and Illinois will wind up with a very stringent CCW process.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Wed Jan 30, 2013 at 03:55:20 AM PST

      [ Parent ]

      •  I do not believe the USSC will (0+ / 0-)

        grant cert on the issue until there is a conflict among the circuits. Until that time, Moore is without any evident, let alone compelling, counter-argument.  The decision therefore provides clear and substantial precedential authority in every other circuit beyond the 7th though not fully binding.

        It is premature to conclude whether the SC will ratify all the various laws now or to be on the books regulating firearms -- since we only know the much less determinate outer constitutional limits established under Heller and McDonald.

        The more reasonable position would be that some will be upheld and some won't.  And with respect to IL, the legislature and executive may prefer to keep pushing the boundaries of strict regulation.  If so, we shall see whether it will be upheld even by the 7th Circuit, which seemed to demonstrate little patience for continued tilting at settled law and principles.

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