Breaking on Bloomberg News tweet: US Supreme Court upholds New York State gun control laws

[Pullo]

2. SCOTUS is waiting for a better case to decide whether the 2nd A applies outside the home

Last edited Mon Apr 15, 2013, 05:08 PM - Edit history (1)

The 7th U.S. Circuit Court of Appeals struck down Illinois' ban on concealed carry on 2nd Amendment grounds.

A federal appeals court on Friday narrowly rejected Illinois' request to reconsider a ruling that found the state's concealed carry weapons ban unconstitutional, leaving lawmakers in the only state that still prohibits concealed carry grappling with how to proceed.

The 5-4 ruling by the 7th U.S. Circuit Court of Appeals gave state Attorney General Lisa Madigan the option of appealing to the U.S. Supreme Court — a move that could affect gun laws in other states. It also came on the same day that state lawmakers held a hearing on the issue in Chicago — a city that's drawn national attention for its soaring gun violence and homicide rate, including the death of a 15-year-old honor student a mile from President Barack Obama's home.

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Richard Pearson, the executive director of the Illinois State Rifle Association, said the ruling makes clear that courts believe the prohibition violates Second Amendment rights. If Madigan opts to appeal and the U.S. Supreme Court agrees to hear the case it's possible the justices could strike down not only Illinois' ban on concealed carry, but also gun restrictions in other states, such as New York and Maryland.

"If she does (appeal) I would be happy," Pearson said. "There's a very good chance they'll rule in our favor."

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About the same time, 10th U.S. Circuit Court of Appeals ruled carrying concealed firearms in public was not protected under the 2nd A.

The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled.

"We conclude that the carrying of concealed firearms is not protected by the Second Amendment . . ." Justice Carlos Lucero wrote on behalf of a three-judge panel of the 10th U.S. Circuit Court of Appeals.

Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun.

"In light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections," he wrote in the ruling issued.

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The 7th Circuit's ruling stands apart from most others on this issue, so the SCOTUS likely waiting for that decision to be appealed before hearing a case on the matter.