Sunday, September 15, 2013

Illinois Firearms Ban Ruled Unconstitutional

Legal restrictions on gun ownership in Illinois have been ruled unconstitutional.
In an unusually forceful and straightforward opinion in the case of People v. Aguilar, the Supreme Court of Illinois unanimously held that the state’s “comprehensive ban” on the “use of an operable firearm for self-defense outside the home” is invalid on its face under the Second Amendment. The NRA had participated in the case with an amicus brief.

The court surveyed the Supreme Court’s recent Second Amendment decisions, as well as state and federal precedents from courts in Illinois. Regarding the significance of the Supreme Court’s opinions, it declared: “neitherHeller nor McDonald expressly limits the second amendment’s protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the Second Amendment right to keep and bear arms extends beyond the home.” It also characterized the Illinois law as “a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution….”

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