District Court Upholds Illinois Total Ban on Carrying Guns

Published on April 6, 2012
Duration: 11:54

This video discusses the District Court's ruling in Shepard v. Madigan, which upheld Illinois' total ban on carrying guns outside the home, limiting the Second Amendment right to the home. Attorney Bill Howard argues this interpretation contradicts Heller and McDonald, which he believes establish a right to carry for self-defense beyond the home. The case is being appealed to the Seventh Circuit, with hopes for a decision by fall. The discussion also touches on the Willard v. Brown case in Maryland and the AELE v. City of Chicago case regarding standards of review for gun control laws.

Quick Summary

A District Court ruling in Shepard v. Madigan upheld Illinois' total ban on carrying guns outside the home, limiting the Second Amendment right to the home. This decision is being appealed to the Seventh Circuit, with attorney Bill Howard arguing that Supreme Court precedents like Heller and McDonald support the right to carry for self-defense beyond the home.

Chapters

  1. 00:00Introduction and Illinois Legal Landscape
  2. 00:18Shepard v. Madigan Ruling Explained
  3. 00:36Appeal to the Seventh Circuit
  4. 01:01Heller and McDonald Interpretations
  5. 01:30Willard v. Brown Case in Maryland
  6. 02:37Illinois' Unique Ban on Carry
  7. 03:16Commentary on Standards of Review (Eugene Volik)
  8. 04:03AELE v. City of Chicago Analysis
  9. 04:45Broad Prohibitory Laws Unconstitutional
  10. 05:54Illinois Statute vs. AELE Precedent
  11. 06:21Court's Hesitation vs. Ducking the Issue
  12. 07:01Interpreting Heller and McDonald
  13. 08:13Right to Keep and Carry Beyond the Home
  14. 09:05Appeal Timeline and Filings
  15. 09:44Illinois as a Second Amendment Battleground
  16. 10:22Wilson v. Cook County Remand
  17. 10:47Empirical Issues and Crime Reduction
  18. 11:06Heller, McDonald, and Interest Balancing
  19. 11:45Conclusion and Thanks

Frequently Asked Questions

What was the ruling in Shepard v. Madigan regarding Illinois gun laws?

In Shepard v. Madigan, a District Court upheld Illinois' total ban on carrying guns outside the home, ruling that the Second Amendment right to keep and bear arms is limited to the home. This decision is now under appeal.

What is the significance of Illinois having no mechanism for gun carry?

Illinois is unique as the only state with no form of legal gun carry. This makes its firearms laws exceptionally restrictive and a focal point for Second Amendment litigation, as seen in cases like Shepard v. Madigan.

How do Heller and McDonald relate to the right to carry firearms outside the home?

Attorney Bill Howard argues that Heller and McDonald establish an individual right to keep and bear arms for self-defense, with the home being a primary location but not the sole extent of this right. He believes these rulings support the right to carry beyond the home.

What is the potential timeline for the appeal of the Shepard v. Madigan decision?

The appellant's brief is expected to be filed within the month. The hope is to have the case ready for argument before the Seventh Circuit by the fall, though this depends on timely filings from all parties.

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