Wednesday, December 12, 2012

History In The Making...

By now pretty much everyone has heard the big news.

Federal court strikes down Illinois ban on carrying concealed weapons
In a victory for gun rights advocates, a federal appeals court on Tuesday struck down Illinois' ban on carrying concealed weapons -- the only total concealed-carry ban in the country.
The 7th Circuit Court of Appeals gave state lawmakers six months to come up with their own version of the law that legalizes concealed carry.
Read the actual ruling here. The new law legalizing some form of concealed carry in the state of Illinois could be in place by January. Let's take a look at that again: By the time Barack Obama is sworn in for his second term, all fifty states could have some provision for concealed carry in one form or another...
  • States that allow Constitutional Carry: Currently 4 (AK, AZ, VT, WY)
  • States with "May Issue" permits: 10 (AL, CA, DE, HI, NY, CT, MD, MA, NJ, and now IL)
  • States with "Shall Issue" permits: 36 (all the rest, go look 'em up yourself...)
10 out of 50 states do not issue concealed carry permits to all qualified applicants, but base the granting of permits (for a constitutionally enumerated right, mind you) on a panopoly of statutes, regulations, and licensing schemes as fragmented and different as the nation's gun laws. In states like AL, the permit is all but "Shall Issue". In MA, CA, DE, CT, and NY, it all depends on the area where you live. NJ, MD, HI, and (I would assume, soon to be) IL, it is all but impossible for anyone not rich, famous, and/or connected to the power movers to get a permit.

Let that sink in. In 80% of states, anyone wanting a permit to carry a firearm concealed can get it as long as they follow the requirements. Only 20% may deny their citizens the right for no good reason. Who's on the right side, here? Those 40 states, do they have crime rates far in excess of the 10? Nope. CT is the 37th most violent state, but CA is the 14th. Maryland is the 8th most dangerous. It's like there's no correlation between how liberal (ha!) a state's gun laws are and the violent crime rate.

Kevin puts up the map showing how far we've come.

In 1986, there were 16 no-issue states. Today there are 0.

In 1986, there were 25 may-issue states. Today there are 10.

In 1986, 41 states either did not permit concealed carry at all or put laws in place whereby a citizen could be denied their enumerated right for no reason whatsoever. Today, some 26 years later, there are only 10 left. In that same time frame, the number of states requiring no permit whatsoever has quadrupled, and several other states have filed legislation to do the same.

The momentum for personal protection continues to swing our way.

That is all.

14 comments:

Angus McThag said...

Saying Illinois is may issue is not correct.

That's predicting how they will go.

If they do nothing in the next 180 days, they're Vermont carry.

C'mon gridlock!

Lupis42 said...

Shall issue with a bunch of restrictions on where carrying was legal almost passed there this past year, but it was a few votes shy of the 60% needed to override Chicago...

That means that the almost 60% of their legislature that wanted shall-issue will get it, whether they compromise or not. My count is 9 may-issue states...

TerriLiGunn said...

So odd, when I left the military I left my stations state because there was no carry. Now the last hold out is falling.

Old NFO said...

Bout damn time... :-)

Bubblehead Les. said...

If the Antis had Brains, they'd take advantage of the fact that they have 180 days to bring forth the Law. I suspect that they'll be "slow walking" this one. They'll wait until day 175, then file an Appeal with the whole 7th. Circuit to overrule Posner. Then that could take months. But if the Antis succeed, then the SAF gets to take it to the Supremes. And I can see Alan Gura standing there saying, "Your Honors, I don't know why we are even here. Judge Posner quoted YOU when he made his Ruling, and now the State of Illinois says you are Stupid, and they don't have to Obey You."

Or words to that effect.

But I think they'll come up with some "May Issue" Sullivan Law. The question then is will Posner rule THAT Law Unconstitutional, or does he let it stand.

If he lets it Stand, then I believe that SAF will go for the repeal of "May Issue." And that will have to head to the Supremes, because their isn't too much 'wiggle room" above Judge Posner.

And wouldn't it be great if the Supremes say that "May Issue" is Unconstitutional on the basis that it is NOT "Fair and Balanced?"

But anyway, I hope this gets settled before the Mid-Term Election. Any bets that Nancy Pelosi WON'T bring up Gun Control if she gets the House back?

Mopar said...

I agree they are going to run out the clock on this, and then submit some draconian, impossible to follow procedure like DC did. Rumor has it they are even going to try tacking an AWB onto it. They just got shot down trying to tack one onto another bill, but it's a pretty safe bet they'll try it again.

Geodkyt said...

SAF is hammering May Issue in NY & MD.

Given Posner's ruling, I suspect anything short of Shall Issue will get impaled on review (although Shall Issue with all sorts of "no restaurants, no churches, etc." caveats might survive review until SCOTUS). In which case, IL will go Constuitutional Carry at the end of the 180 days, until the legislature gets an accepatble law passed.

acairfearann said...

CT tends to behave more like 'Shall' issue than 'May'; at least outside of the Hartford/Gold Coast areas. I don't have any experience in those areas. You do have to take the course, but it is hardly the most rigorous of courses and readily available.

Mopar said...

acairfearann: CT is all over the map from easy to impossible. Glad you live in a town that was easy. Hopefully if you are in CT you are a member of CCDL, our state gun rights org? (if not, join now at www.CCDL.us it's free!) We've been documenting the various town issues and using them to press for shall issue in CT.

acairfearann said...

Mopar,
I didn't realize that! I am fairly new to the whole thing, never gave it much thought as I simply sailed through and about 80% of my acquaintences in this area (Litchfield County) own guns. My impression of ease is probably colored by the fact that I lived for a decade in the UK and Canada first...

lee n. field said...

Happy dance, happy happy happy dance.

You're a little premature, calling Illinois a "may issue" state.

TOTWTYTR said...

From what I've seen of AL, there is some variation by county. CCW permits are issued by the county sheriff.

Mobile County reportedly takes in the application, runs a background check, and prints the permit while you wait.

zeeke42 said...

Les, they only have 14 days to request an En Banc review in CA7, and 90 days to file a petition with SCOTUS.

Daniel in Brookline said...

I'm with Mopar. I'm expecting something like "yes, you may carry a concealed firearm outside your home, provided the magazine / cylinder can hold no more than 2 rounds of .22 caliber or less". Or maybe "firearms must be carried concealed, and may not be less than 39 inches in length". Or maybe "each application for a license to carry must submit fingerprints, for all ten fingers, each fingerprint on a separate $100 bill". (The money would be used to fund public defenders for career criminals, of course.)

Nonetheless, this is progress. Illinois, welcome aboard!