SAF appeals Illinois gun case dismissal
The Second Amendment Foundation filed an appeal Feb. 6 immediately after a judge dismisses its challenge to Illinois statutes that prohibit the carrying of loaded firearms for personal security outside the home for in the case of Moore v. Madigan.
The ruling by federal Judge Sue Ellen Myerscough, who sits for the Central District of Illinois, defies common sense, said Alan M. Gottlieb, the founder of Bellevue, Wash.-based SAF.
“We look forward to winning this important case on appeal even if it means going back to the United States Supreme Court for a third time,” Gottlieb said.
“The Second Amendment does not say, the right to keep and bear arms shall not be infringed except outside your home or that it only applies inside your house. We don’t check our constitutional rights at the front door,” he said.
The case is named for the lead plaintiff Michael Moore, who is joined by fellow plaintiffs: Charles Hooks, Peggy Fechter and Jon Maier, in addition to SAF and a local gun rights advocacy organization, Illinois Carry. The defendant is Illinois State Atty. Gen. Lisa Madigan.
Myerscough said she denied SAF and its co-plaintiffs a preliminary injunction against two laws in Illinois that make it a crime to carry loaded firearms outside the home for personal protection, and granted the state’s motion to dismiss the case because Illinois’ “Unlawful Use of Weapons” statute does not violate the plaintiffs’’ Second Amendment protections.
The Supreme Court and the Seventh Circuit have recognized only a Second Amendment core individual right to bear arms inside the home, she said.
Even is there was a constitutional right to bear arms outside the home, the Illinois law would still stand constitutional muster, she said.