Friday, February 22, 2013

Another 2nd Amendment Victory - The Right To "Bear" Arms Outside The Home

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

U.S. Constitution, 2nd Amendment

In Heller, the Supreme Court held that individuals had a right under federal law to "keep" modern handguns in their home for protection. In McDonald, the Supreme Court extended held that this right extended to the states. But what about the right to "bear" arms outside the home for self protection?

The test case for that was Illinois, the only state with a blanket ban on concealed carry. In December, Judge Posner, in a case on appeal to the 7th Circuit, wrote that the right to "bear arms" means the right to bear them outside the home. He ordered Illinois to craft a constitutionally acceptable concealed carry law within 180 days.

Illinois asked the entire 7th Circuit to revisit the decision - and today, the 7th Circuit, sitting en banc, denied that request. The Second Amendment Foundation is celebrating. The next stop will likely be the Supreme Court, but unless there is a change to the makeup of the Supreme Court between now and when their decision is issued, if they follow the reasoning of Heller, the Posner decision should be upheld.


Ex-Dissident said...

GW, have you seen this gun? It's called the aa-12 and can fire grenade rounds. Perfect for home defense from whomever.

GW said...

It would be, though I am pretty sure that the aa-12 would fall under the automatic weapons prohibitions. Regardless, if the technology to make a 12 gauge shotgun free of recoil, that will be a big advancement for civilian weapons.