Prominent Second Amendment attorney foresees ‘shall issue’ carry in Illinois

by DAVID CODREA, The Examiner  |  published on December 14, 2012

Illinois concealed carry

A law being crafted by the Illinois state legislature in Springfield to comply with Tuesday’s order from the Seventh Circuit Court of Appeals will result in a “shall issue” gun carrying permit, one of the foremost scholars, law professors, authors and attorneys on Second Amendment issues believes. David B. Kopel, who was cited in both the majority and dissenting opinions in Moore vs. Madigan, shared that opinion with Gun Rights Examiner this morning in response to an inquiry about the type of permitting gun owners can expect.

Illinois is the only state that currently provides no options for bearing arms outside the home, which the court declared unconstitutional, giving the state “180 days … to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.”

“It was a win for both the Bellevue-based Second Amendment Foundation and the National Rifle Association, which brought separate cases in Illinois seeking to require the state to adopt some form of carry legislation,” Seattle Gun Rights Examiner Dave Workman informed his readers Tuesday. “SAF’s case, known as Moore v. Madigan, was filed first. The NRA’s case, Shepard v. Madigan, came later. Oral arguments for both cases were consolidated, but the cases remained otherwise separate.”

Yesterday, Gun Rights Examiner expressed concerns about the law now being drafted to comply with the court order, specifically over whether or not it ends up being “may issue,” meaning permits can be denied unless a special need can be proven, instead of “shall issue,” meaning permits must be issued to non-prohibited persons meeting standards applicable to all.

Believing that to be the burning question until gun owners find out for sure, and wanting to get an informed legal opinion, Gun Rights Examiner asked Kopel if he had anything he’d be willing to say about that for public consumption.

“Given that the majority of the Illinois legislature is already in favor of Shall Issue, I think the risks of May Issue are fairly low,” he replied.

“I talked about this on NRA News [last night in] the third hour,” he added.

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