UPDATE: COURTS RULES WOMEN NEED CONCEAL AND CARRY AS PART OF PROTECTIVE ORDERS

NewImageIt was argued in the “Field Note: Courts Should Issue Conceal and Carry Permit With Every Restraining Order” that conceal and carry permits should be issued to people who have been granted restraining orders against violent offenders. As it turns out, Judge Posner, 7th Circuit Court of Illinois agrees with this position as well.

Judge Posner’s wrote the 2-1 opinion (Moore v. Madigan) for the 7th Circuit of Illinois throwing out the draconian laws forbidding Illinois citizens from carrying and concealing guns. The judge noted that there is no provision for the issuance of licenses for concealed carry, or for open carry. Both are banned. There are some exceptions for particular activities (e.g., while hunting), and for persons with a special occupational status (e.g., licensed security guard, some government officials). Most of us know of this already.

What was interesting was buried a bit deeper in the opinion. The judge noted that twenty-first century Illinois has “no hostile Indians.” But a Chicagoan is a “good deal more likely to be attacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower.” Interesting. But even more interesting was his opinion that a woman who is being “stalked or has obtained a protective order against a violent ex-husband is more vulnerable to being attacked while walking to or from her home than when inside.” She has “a stronger self-defense claim to be allowed to carry a gun in public” than the resident of a fancy apartment building (complete with doorman) has a claim to sleep with a loaded gun under her mattress.

People should actively seek conceal and carry permits, as a self defense strategy, used in conjunction with restraining orders issued against people with a propensity toward violence. Judge Posner’s make the case why, now it is up to us to seek it out now.

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Categories: Law

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