Discord over appealing Moore v. Madigan
Story here. The case struck down the Illinois system of no carry without a permit, and permits on a "may issue" basis. The governor says he wants to appeal, the AG doesn't want to.
Wow, maybe "constitutional carry" will come to IL. I'm sure the liberal nannys will love that!
Posted by: Jim at March 14, 2013 11:06 AM
As I understand IL politics, a state law does not apply to "home rule" cities unless it passes by 60%. So unless a statewide carry bill passes by that margin, Chicago and other home rules are on their own. If that happens, I would expect Chitown to adopt something like New York City's licensing procedure essentially verbatim (you can only have a permit if we think you need one, and we don't think you need one.) Other home rules might do something similar, but IIRC they had to pay attorney fees not too long ago when their complete gun ban was thrown out. So unless they have access to Chicago's mob financing, other home rules might not be so inclined to go down that no way/no how road again.
I haven't seen a report on any legislative language floating around the IL capital, but I ASSUME that there will be no reciprocity for residents of any other state if Chicago has any influence. No other Constitutional right is limited to exercise in the state of your residence (that I'm aware of, although it's been 45 years since I took Con Law). Any idea how this restriction is likely to get before the courts? Is it just a function of having a nonresident apply for a license and be denied, and then including him among the plaintiffs who challenge a particular scheme? That strikes me as one of the next principles that the litigation strategists ought to go after, as it would be a big club to use against the hard holdout states (NY, NJ, IL and CA coming most readily to mind). Unless it's already in issue in a case working its way through the system.
Posted by: wrangler5 at March 15, 2013 09:11 AM
There was just recently such a case, in Nebraska. It lost, because there is no bar to the alternative of open carry in the state. However, the court did opine that the opinion would have been different had the case been brought in Omaha, which forbids open carry.
Posted by: other Jeff at March 18, 2013 09:42 AM