Two very interesting rulings from the Illinois Supreme Court on the Second Amendment
. . . The justices’ rulings came in the civil case of Jerry W. Coram v. State of Illinois and the criminal case of People v. Alberto Aguilar.
Though the cases presented the court with different issues, both of the rulings could be seen as a shot to those seeking further restrictions on the right to own and possess guns.
The civil case focused on the denial of a man’s Firearm Owners Identification (FOID) card application while the criminal case dealt with a constitutional challenge to two sections of the state’s Aggravated Unlawful Use of Weapons (AUUW ) statute. . . .
In his 2009 application for a FOID card, Coram included information that he had been convicted in 1992 of domestic battery. He pled guilty and was sentenced to 12 months’ conditional discharge.
The state police denied his application based on an amendment to the federal Gun Control Act that imposed a firearm disability on individuals convicted of a domestic violence misdemeanor.
In 2010, Coram petitioned the Adams County Circuit Court for a hearing on the denial of his FOID card application. The court then ordered the issuance of a FOID card, finding that he was not likely “to act in a manner dangerous to public safety.” . . .
In its 53-page opinion that included separate opinions for a special concurrence and a dissent, the majority of the court upheld the lower court’s order directing the state police to issue Coram a FOID card. . . .
The federal appeals panel in Moore held that Section 24-1.6(a)(1), (a)(3)(A) of the AUUW statue is “a flat ban on carrying ready-to-use guns outside the home” and as such, violates the Second Amendment right to keep and bear arms, as construed in Heller and McDonald.
Thomas wrote for the court that “As the Seventh Circuit correctly noted, neither Heller norMcDonald expressly limits the second amendment’s protections to the home.” . . .While it is not yet released, Nelson Lund has an interesting discussion on the Aguilar decision available from 9/18.