Just heard that the Shepard v Madigan case has been dismissed in a 19 page opinion by district judge William D. Stiehl which seems (at least to me) to be antithetical to the ruling in Batemen v Perdue :
...
Accordingly, the Court FINDS that the plaintiffs’ claim that the provisions of the State of
Illinois’ Unlawful Use of a Handgun and Aggravated Unlawful Use of a Handgun statutes do not
violate the Second Amendment to the United States Constitution because the bearing of a
firearm outside the home is not a core right protected by the Second Amendment.
Therefore, the Court GRANTS defendants’ motions to dismiss pursuant to Fed. R. Civ.
P. 12(b)(6) for failure to state a claim, and plaintiffs’ complaint is DISMISSED
This is the case on the issue of whether the State of Illinois’ Unlawful Use of a Handgun and Aggravated Unlawful Use of a Handgun statutes violate the Second Amendment to the United States Constitution. Under current Illinois law citizens are prohibited from carrying loaded, operable firearms in public.
An appeal will follow:
NRA Will Appeal Decision Denying Right to Carry Outside the Home. Late today, a federal district court in Illinois wrongly ruled that the Second Amendment does not protect a right to protect firearms for self-protection outside the home. The NRA funded this challenge to Illinois’ ban on citizens’ ability to carry firearms legally outside their homes and businesses for self-defense, and will also be supporting an immediate appeal to the Seventh Circuit U.S. Court of Appeals—and to the Supreme Court if necessary.The decision in the case of Shepard v. Madigan misreads the Supreme Court’s Second Amendment decisions and will continue to deprive law-abiding Illinoisans of the right to protect themselves effectively against crime on the streets. It also conflicts with a growing body of case law elsewhere in the country, where courts have increasingly recognized that the right to bear arms for self-defense doesn’t end at Americans’ front doors.“The NRA’s legal efforts will not end until the right to carry firearms for self-defense is fully recognized throughout our land,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.For more information on this and other critical Second Amendment cases, please sign up for our free Legal Update newsletter at www.nraila.org/legalupdate.
...
Accordingly, the Court FINDS that the plaintiffs’ claim that the provisions of the State of
Illinois’ Unlawful Use of a Handgun and Aggravated Unlawful Use of a Handgun statutes do not
violate the Second Amendment to the United States Constitution because the bearing of a
firearm outside the home is not a core right protected by the Second Amendment.
Therefore, the Court GRANTS defendants’ motions to dismiss pursuant to Fed. R. Civ.
P. 12(b)(6) for failure to state a claim, and plaintiffs’ complaint is DISMISSED
This is the case on the issue of whether the State of Illinois’ Unlawful Use of a Handgun and Aggravated Unlawful Use of a Handgun statutes violate the Second Amendment to the United States Constitution. Under current Illinois law citizens are prohibited from carrying loaded, operable firearms in public.
An appeal will follow:
NRA Will Appeal Decision Denying Right to Carry Outside the Home. Late today, a federal district court in Illinois wrongly ruled that the Second Amendment does not protect a right to protect firearms for self-protection outside the home. The NRA funded this challenge to Illinois’ ban on citizens’ ability to carry firearms legally outside their homes and businesses for self-defense, and will also be supporting an immediate appeal to the Seventh Circuit U.S. Court of Appeals—and to the Supreme Court if necessary.The decision in the case of Shepard v. Madigan misreads the Supreme Court’s Second Amendment decisions and will continue to deprive law-abiding Illinoisans of the right to protect themselves effectively against crime on the streets. It also conflicts with a growing body of case law elsewhere in the country, where courts have increasingly recognized that the right to bear arms for self-defense doesn’t end at Americans’ front doors.“The NRA’s legal efforts will not end until the right to carry firearms for self-defense is fully recognized throughout our land,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.For more information on this and other critical Second Amendment cases, please sign up for our free Legal Update newsletter at www.nraila.org/legalupdate.
Last edited:
