Florida School Shooting Prompts a Review of Gun Laws for Illinois Lawmakers

 Posted on February 22, 2018 in Criminal Law

Within the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.

The Second Amendment

United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.

The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).

Creating laws to overrule the Bill of Rights creates a slippery slope as the doctrine also protects many of our other freedoms, such as freedom of speech and religion, and provides protection against searches and seizures.

The Balance of Power

Although our rights remain firmly protected, the balance of power does exist. The right to keep and bear arms does not mean without restrictions. Many fail to recognize that not everyone maintains the right to keep their weapons and not all are permissible. Limits are in place to protect individuals as well as the community.

Illinois gun laws include the following:

• A gun buyer or owner must have a Firearms Owners Identification Card (FOID) when purchasing either firearms or ammunition;
• Illinois State Police only issue a FOID after an extensive background check;
• A concealed carry license (CCL) enables owners to carry a loaded or unloaded weapon wholly or partially hidden on their person or in their vehicle;
• Restricted armaments include machine guns, short-barreled rifles, and bombs; and
• Various ammunitions are forbidden, including armor-piercing rounds.

Legal Protection

Just as you have the right to defend yourself within your own home, you also have the right to defend yourself in court. You want to ensure your rights are thoroughly protected, especially in cases involving the Second Amendment.

If you face weapons charges in Illinois, a DuPage County, IL criminal defense lawyer can help. The experienced attorneys at Davi Law Group, LLC support your legal rights, can answer your questions, and will explore your legal options. Call us today at 630-580-6373 to schedule a consultation.

Sources:

http://abc7chicago.com/community-events/protesters-march-to-trump-tower-call-for-reformed-gun-laws/3105171/

https://www.npr.org/2017/10/05/555580598/fact-check-is-chicago-proof-that-gun-laws-don-t-work

https://www.cnn.com/2018/02/19/us/florida-parkland-shooting-marches/index.html

https://www.supremecourt.gov/opinions/07pdf/07-290.pdf

https://www.ispfsb.com/public/foid.aspx

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

https://www.ispfsb.com/Public/AboutTheAct.aspx

https://www.ispfsb.com/public/Firearms/FirearmProjectilesProhibited.pdf