In a ruling that may push the U.S. Supreme Court to reconsider earlier gun rights decisions, the 7th U.S. Circuit Court of Appeals in Chicago held yesterday that the Second Amendment right “to keep and bear arms” includes a right to carry a fully-loaded and ready-to-use gun in public.
Writing for the 2-1 majority in Moore v. Madigan, Judge Richard Posner acknowledged that the Supreme Court had not yet extended the right to carry beyond the home but said that the Illinois law in question – which strictly limited that right – was inconsistent with the history of the amendment and did not reflect the reality that people were more likely to need a gun for self-defense when in public.
The court gave the Illinois legislature 180 days to come up with a licensing scheme that would impose “reasonable limitations” on publicly carrying a gun consistent with the Second Amendment.
The Seventh Circuit’s decision may conflict with a Second Circuit decision just weeks earlier which recognized a strictly-limited public right to carry. In Kachalsky v. County of Westchester, the court upheld New York’s requirement that anyone seeking a license without restrictions – a full carry permit – must show “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.” Read More