Gun Group Appeals Judge’s Decision to Uphold Illinois Ban on Public Carry

Last Friday, a federal judge dismissed a lawsuit challenging Illinois’ ban on carrying a loaded firearm in public. 

And on Monday, the Second Amendment Foundation announced that it would appeal the decision rendered by federal district Judge Sue Myerscough. 

The SAF filed the lawsuit back in May of 2011, in which they argued that the complete prohibition on the carrying of firearms in public (concealed or otherwise) for the purpose of self-defense is “inconsistent with the Second Amendment.” 

“Illinois is currently the only state in the country that imposes a complete prohibition on the carrying of firearms for personal protection by its citizens,” said SAF Executive Vice President Alan Gottlieb. 

However, Myerscough saw no discrepancy between the U.S. Constitution and the Illinois ban on guns used for personal protection outside the home. 

“The United States Supreme Court and the Seventh Circuit (Appellate Court) have recognized only a Second Amendment core individual right to bear arms inside the home,” Myerscough said in her ruling.

“Further, even if this court recognized a Second Amendment right to bear arms outside of the home and an interference with that right, the statutes nonetheless survive constitutional scrutiny.”

The Brady Center to Prevent Gun Violence filed an amicus brief supporting the gun ban and cited studies that suggest carrying a loaded gun in public is a danger to society. 

“We are pleased that yet another court has rejected the gun lobby’s claim that the Second Amendment bars communities from keeping loaded guns off their streets,” said Jonathan Lowy, director of the Brady Center’s Legal Action Project.  “More than a dozen courts around the nation have agreed that there is no right to carry loaded guns in public.”

The SAF, along with the other plaintiffs in the case, have filed notice that they will appeal Myerscough’s opinion to the U.S. 7th Circuit Appellate Court. 

Citizens “don’t check our constitutional rights at the front door,” Gottlieb said in response to the unfavorable ruling.

While this case heads to the 7th Circuit Appellate Court, there are other lawsuits on the horizon that seek to overturn Illinois gun ban on public carry for self-defense.  In other words, gun organizations (like the NRA, NSSF, SAF) are going to keep fighting until the citizens of Illinois have their Second Amendment right(s) restored.   

Meanwhile, in mounting anticipation for the day when all Illinoisans will be able to exercise their fundamental right of self-defense, gun ownership is soaring in the Land of Lincoln.