Posted on June 13, 2012
As courts across the country hear Second Amendment challenges against important state gun laws, the Law Center is weighing in, turning our legal expertise into a series of amicus curiae (“friend of the court”) briefs filed in several significant cases.
Three of these cases — Moore v. Madigan and Shepard v. Madigan in the U.S. Court of Appeals for the Seventh Circuit, and People v. Aguilar in the Illinois Supreme Court — involve Second Amendment challenges to Illinois statutes that prohibit the carrying of firearms (either openly or concealed) in public places. Illinois is the only state the continues to prohibit both open and concealed carry. In all three cases, the Law Center briefs argue that: 1) carrying firearms outside the home for self-defense is not within the scope of the Second Amendment; and 2) even if possessing firearms in public is considered within the scope of Second Amendment protection, Illinois’ ban on carrying guns in public is constitutional.
We made similar arguments in the U.S. Court of Appeals for the First Circuit in Hightower v. City of Boston. The Hightower case involves a Second Amendment challenge to Massachusetts’ firearm licensing law, which enables law enforcement to deny an application to carry a concealed weapon if the applicant fails to demonstrate he or she is a person suitable to own or possess such firearms. Our Hightower brief argues that the Second Amendment does not apply, and that even if it did, the “suitable person” standard easily survives scrutiny.