Some legal thoughts on the 7th Circuit ruling

[Jack Burton]

Volokh Conspiracy has some of the sharpest legal minds around posting from a libertaraian perspective.

Here are some of their thoughts...

The Volokh Conspiracy » Moore v. Madigan, key points

The Volokh Conspiracy » The Seventh Circuit Keeps “Bear” in 2nd Amendment

 

[Mark 1911]

Sounds like there is increasing precedent in the courts to support carry laws. Will be great to see IL finally have to recognize 2A for what it is. Maybe bans in malls will eventually get more scrutiny as well.

 

[Hammerhead]

I didn't want to muddy up the other thread with speculation.

My first reaction was "Woohoo!"

My second reaction was, "Wonder if there's anything in the court decision that can be taken to the IN legislature to strike down the current carry laws and bring about Constitutional carry right here at home?"

I need to read the court decision, but I'd be happy to hear thoughts on that.

 

[Raskolnikov]

It's a step in the right direction.

 

[downzero]

Had some minor email exchange with Professor Volokh earlier today. He's a good guy.

 

[Jack Burton]

I don't always agree with the good professor on everything but you are right... he certainly is a good guy and I am glad he is mostly on our side in the important things.

 

[Stschil]

Since this decision seems to acknowledge the right to carry outside the home, even chiding the 2nd Circuits' recent upholding of NY's BS law, I wonder what effect this will have on the 'may issue' States, like CA, NY, etc.?

 

[RolanNRA]

Id like to say that there maybe any number of things that we dont agree with other members in lock-step............but who would want to agree with eveyone here about everything. It make Ingunowners a place where we can exchange ideas

 

[downzero]

I don't always agree with the good professor on everything but you are right... he certainly is a good guy and I am glad he is mostly on our side in the important things.

Him and I have a perpetual disagreement about the utility of high capacity magazines for self defense. I have assured him that I will show him personally if I can get him on the range sometime, and as far as I know, he intends to take me up on my offer. It almost happened this spring; but he's too tied up.

We also disagreed on a prominent 1st amendment case (can't remember which one) which was ultimately decided by the Supreme Court in my favor.

I guess that makes me 1 for 1 (not counting the first issue, since it can't be an "at bat" until he actually sees the evidence for himself).

 

[T.Lex]

My second reaction was, "Wonder if there's anything in the court decision that can be taken to the IN legislature to strike down the current carry laws and bring about Constitutional carry right here at home?"

My first reaction was "little to no possible effect on IN."

But, I'm wondering if there might be language that would serve to politically provide a basis for tweaking the prohibition about carrying at school. There may be some comments that support that, if a licensing scheme is in effect, it should be broad.

Nothing legally binding (its called "dicta" in lawyer-speak), but might be worth exploring.

 

[opus1776]

T. Lex this decision could be a very important stepping stone for the folks in MD. I believe there is at least one case challenging MD's CC law. It would be interesting to see if the court in the MD case uses the 7th's decision in their decision......

======================================
"Nothing tastes as good as skinny feels" K. Moss
You can NEVER be too rich or too thin.
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Perfection: is not a goal---it's a demanded expectation.

 

[Jack Burton]

Id like to say that there maybe any number of things that we dont agree with other members in lock-step............but who would want to agree with eveyone here about everything. It make Ingunowners a place where we can exchange ideas

I've been married for 38 years and I certainly don't agree with my wife on everything. Of course, sometimes I don't get around to actually telling her that.

 

[daddymikey1975]

I need to read the court decision, but I'd be happy to hear thoughts on that.

Ask and you will receive: http://www.ca7.uscourts.gov/tmp/NZ149CFZ.pdf