Commentary on Moore/Shepard v. Madigan/Illinois

A few months ago the US Court of Appeals for the 7^th Circuit reviewed two cases that were similar in their merits.  One was a case by a party named Moore and the other by a party named Shepard.  In essence the argument was concerning the complete ban by the State of Illinois with regard to the carrying of ready-to-use firearms for self defense by the average citizen.  Frequently people have thought it was about concealed carry however the issues were far deeper than manner or method of carry.

This decision really has nothing to do with concealed carry.  It has everything to do with removing a complete ban of the right to “bear” arms "ready-to-use" in the public way by the private citizen for defensive or other lawful purposes.  Presently in Illinois there is a complete ban on a fundamental right to bear arms that are loaded and ready-to-use in the public way.  The complete ban has been struck down and left to the legislature to decide in what “reasonable” manner they will “allow” the “bearing” or carrying of firearms ready-to-use.  There may also be some restriction allowed for so called “sensitive” places such as schools.  I repeat the decision made NO DISTINCTION as to whether the form of carry was open or concealed that I could see.

In my opinion the phraseology of the second amendment is clear, “the right of the people to keep and bear arms shall not be infringed.”  It says, “shall not be infringed.”  The phrase "shall not be infringed" was not dealt with in any meaningful way once again in this decision.  It never ceases to amaze me how you can educate the common sense right out of man and they can come up with such a load of hogwash from something as simple as, “shall not be infringed!”  It can be contorted in so many ways once you have enough liberal education and big fancy words to git’er done. 

As to the order of the court it says nothing about review of by the court of any legislation in 180 days.  It would appear to me that the order will take affect regardless of anything the legislature passes or fails to pass.  If the new law is onerous and oppressive and unconstitutional the whole thing starts again… from scratch…!  Never underestimate the Chicago Machine when it gets into full press mode.  I like the comment the justices made in Ezzel v. City of Chicago:  "...Chicago is thumbing its municipal nose at the Supreme Court." If there is no law passed then we are a defacto constitutional carry state, just like before the 1970 Illinois Constitution. 

Can you imagine charging someone with a violation of a law that has clearly been struck down as unconstitutional law for the next 6 months?  I realize that this decision is subject to appeal.  However it is not likely that the complete ban on a fundamental right by the state of Illinois will be upheld at the Supreme Court with our current justices.  I suppose in Chicago they will definitely ‘crucify’ folks but I can’t imagine the smaller counties’ Citizens putting up with that non-sense.

How can you charge anyone with an infraction of an unconstitutional law and make it stick?

There are so many great quotes in this rather short decision that I had trouble deciding on one to post.  So I finally just ‘grabbed’ one.  The court said, "Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden."  It is interesting that Wisconsin has passed its one year mark since concealed carry was passed.  The usual predictions of “blood in the streets” have once again not materialized.  The so called public safety concerns are just not an issue except in the minds and imaginations of the nervous Nellie’s of the world.

I can’t help but get the idea that Rahm Emanuel and Gov. Quinn will say how much more horrible the People of Illinois are and that they cannot be trusted to keep and bear arms in the public way.  After all the People of Illinois are just not trustworthy like they are in Wisconsin, Indiana, Wyoming, Arizona; well you get the picture…

Nevertheless we will celebrate this day and a battle won but will not forget that the war for Liberty continues unabated.  It must be won one battle at a time.  All comments are welcome, keep them coming.  If you would like to correspond with me on this contact me at: editorial@pike912.org or leave a message at 217-285-2134, or follow my blog at: pike912.blogspot.com.

You can download and read the decision/opinion yourself at:  http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=12-1269_002.pdf