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· Ancient Gaseous Emanation
57,891 Posts
Discussion Starter · #1 ·
February 9, 2020

An Illinois law is discriminating illegally against the residents of 45 other states, contends a brief filed with the U.S. Supreme Court by 18 state attorneys general.

The AGs are backing the Second Amendment Foundation's lawsuit against Illinois' refusal to allow residents of states deemed to be weak on gun control to obtain conceal-carry permits.

The case, Culp v. Raoul, addressed the question of whether or not the Second Amendment right to keep and bear arms "requires that the state of Illinois allow qualified non-residents to apply for an Illinois concealed carry license."

The case was brought by SAF, the Illinois State Rifle Association, Illinois Carry and several private citizens. They are represented by attorney David G. Sigale of Wheaton, Illinois.

The friend-of-the-court brief, submitted by Missouri Attorney General Eric S. Schmitt, is joined by attorneys general from Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.

The brief argues Illinois law allows for people from "any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license" in Illinois.

But the petition argues "that right to concealed carry is denied, in a discriminatory and arbitrary manner, to the law-abiding and qualified persons in 45 states, who are prohibited from even applying for an Illinois concealed carry license regardless of their qualifications. Therefore, Illinois's prohibition on virtually all non-residents obtaining a concealed carry license for self-defense violates the petitioners' rights under the Second Amendment."

Alan Gottlieb, the chairman of SAF, said: "We're grateful to the 18 attorneys general for joining the amicus, on behalf of the residents of their respective states. The right to bear arms does not end at the Illinois state line, and untold numbers of citizens from other states have occasion to travel to or through Illinois and they should not be expected to leave their right of self- defense at the border."

The 7th U.S. Circuit most recently affirmed the state's restrictions.

But, according to SAF, the state essentially bans nonresidents from its program. And without a review by the Supreme Court, "virtually all Americans will be deprived of their full Second Amendment rights while in the state of Illinois, based on nothing more than their state of residence."

The 7th Circuit's ruling in favor of the law said "monitoring compliance of out-of-state residents is limited in material ways by Illinois's inability to obtain complete and timely information about nonresidents – for example, about a recent arrest for domestic violence or a voluntary commitment for inpatient mental health treatment."

The circuit court previously invalidated a general statewide ban on carrying weapons. It invited the state to "craft a new gun law that will impose reasonable limitations" on the activity, as long as it was consistent with the Second Amendment.

The new law was the result of the state's subsequent work.

The state says it requires applicants to show they are not a clear and present danger. Within the past five years, they must not have not been a patient in a mental hospital, been convicted of a misdemeanor or two or more violations of driving under the influence, or participated in a residential or court-ordered drug or alcohol treatment program.

Requirements are the same for residents and nonresidents, but all nonresidents whose state verification programs don't meet Illinois' demands are disqualified at the outset.

· Registered
22,059 Posts
Most all detectable and felt trespasses, intrusions and outright oppression's of our rights and privileges occur at states levels by state legislators. A lot of damage and backsliding is accomplished at states levels before the Federal laws are brought to bear and demand corrections.

This is why it is so important to "fund and participate" at your state levels and functions.
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