Illinois Attorneys Argue Requiring Permits to Carry Gun Unconstitutional
Two Illinois attorneys are arguing that laws requiring permits to carry a gun are unconstitutional. In several cases, the attorneys, who contract with the Peoria County Public Defender’s Office, have filed motions to have several cases thrown out.
Several clients of Chandra Justice and Mark Rose face felony weapons charges regarding carrying without a permit. So, to get them off, the pair has put their sights on Illinois gun law. They claim the law is unconstitutional because it prevents average citizens from carrying a concealed handgun.
“Stricter gun laws, or laws that don’t apply equally to every citizen, do not necessarily decrease crime or shootings. People will get their hands on guns, legally or not. It makes more sense to address gun violence as a social and economic issue, rather than tighter control,” Justice said to the Journal Star.
The Illinois attorneys believe the law violates their clients’ 2nd Amendment rights. They also say that it adversely affects those who live or work in unsafe areas.
“The rights to bear arms, free speech, voting and trial by jury, each are fundamental to our American identity, and the courts are required to articulate the meaning and extent of such rights, and how, under the equal protection and due process clauses, such rights should be available for exercise,” Rose said. “It is in this context that we have felt it appropriate to ask the court for guidance on these issues as they relate to the Illinois statutes.”
Peoria prosecutors contend that the U.S. Appeals Court found the concealed carry statute to be constitutional.
Interesting Arguments by Illinois Attorneys
It seems interesting that this constitutional argument came up in Illinois. The Prairie State has a long history of anti-gun laws, primarily because of Chicago. However, it also makes sense. For years, it was difficult for residents to obtain a concealed-carry permit in Illinois. Now, the state is a “shall issue” state. More so, numerous states recognize Illinois permits, despite the state not recognizing other states’ permits. However, Illinois does issue non-resident permits to residents in certain state.
Regarding gun laws, Illinois has come a long way in the eyes of the pro-gun crowd. Still, few residents have taken advantage of the system, according to the Chicago Tribune. If, however, this argument works, especially in Illinois, it could start momentum toward constitutional carry.
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