In a 2-1 decision, gun rights advocates scored a huge victory today in Illinois. A federal appeals court on Tuesday struck down the only total concealed-carry ban in the country, according to AP news.
The court instructed state legislators to come up with their own law that would legalize concealed carry. According to a Fox News Report:
Judge Richard Posner wrote in the court’s majority opinion that the state “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.”
He continued: “The theoretical and empirical evidence (which overall is inconclusive) is consistent with concluding that a right to carry firearms in public may promote self-defense.”
Rep. Brandon Phelps proposed legislation in 2011, but it failed to pass by 3 votes.
“I said on the floor, `A lot of people who voted against this, one of these days, you’re going to wish you did, because of all the limitations and the safety precautions we put in this bill, because one of these days, the court’s going to rule and you’re not going to like the ruling.’ Today’s the day. The court’s pretty much said there are no restrictions,” Phelps said.
The ruling reversed previous lower court opinions. The judge has given legislators six months to come up with their own version of a legalized concealed carry law.
“We’re extremely pleased with the ruling,” Illinois State Rifle Association leader Richard Pearson said in the report. “A new law could be in place as early as January.”