ABA Journal is reporting the Illinois Supreme Court has kept its senses and ruled in favor of The Bill of Rights, and specifically the all important great equalizer, The Second Amendment. ABA reports the IL Supremes citing Columbia v. Heller and McDonald v. Chicago, that precedent existed supporting defendant Alberto Aguilar's defense.
Aguilar was arrested for possessing (holding) a handgun that had three live rounds in the magazine, and had its serial number filed off, which has other penalties to our knowledge, but just holding a loaded firearm outside of one's home, or one's friends/family's home cannot be against the law, as The Second Amendment protects our right to KEEP AND BEAR ARMS. Aguliar's conviction of possession of a handgun by a minor was upheld by the IL Supremes, but there is no public report of whether he will be imprisoned, or have a lesser penalty for being such a moron.
In their decision, the IL Supremes also cited Moore v. Madigan and this ruling is in keeping with that decision, one which the State did not appeal. There is belief this case will not be appealed either. This in no way allows people to freely carry either exposed or concealed weapons, without the current regulation on the books, which requires training and application for a concealed carry license, and denies the right to open carry in Illinois. I would expect NRA and others to next demand open carry be legalized here, as this law clearly opens that door for argument, and has set precedent.
This case will most certainly be cited by SCOTUS when they take up the same issue, of whether the Second Amendment allows the possession/carry of a firearm outside the home. Given the country's concealed carry laws, and the fact that all this has been adjudicated around the country in the highest courts of nearly every state, the SCOTUS case would seem a slam dunk. However, this writer would put nothing past the Obama gun grabbing regime in the White House, and now on the SCOTUS bench. Stay tuned, we'll cover this closely.