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Gun ban near parks unconstitutional

Concealed Carry, Gun Laws, Politics & 2nd Amendment


The state’s highest court on Thursday invalidated the Illinois prohibition on possession of a firearm within 1,000 feet of a park.

In a unanimous decision handed down in favor of Julio Chairez, who was convicted in 2013 of carrying a gun near a park in Aurora, Illinois, the state Supreme Court said the law itself was unconstitutional.

The court held that the 1,000-foot rule, especially since the resulting gun free zones surrounding parks are hard to define, that a gun owner could inadvertently violate the law just by just turning a street corner, or simply living near to a park. Further, the panel said the state did a poor job of making their case.

“In sum, based on the record, the State provides no evidentiary support for its claims that prohibiting firearms within 1,000 feet of a public park would reduce the risks it identifies,” wrote Chief Justice Lloyd Karmeier for the majority. “Without specific data or other meaningful evidence, we see no direct correlation between the information the State provides and its assertion that a 1,000-foot firearm ban around a public park protects children, as well as other vulnerable persons, from firearm violence.”

Chairez originally accepted a plea agreement in 2013 to carrying a gun near the Virgil L. Gilman Nature Trail but subsequently filed a petition to vacate the conviction arguing the law was unconstitutional under the Second Amendment. In court proceedings, his attorneys made the case that when a person is barred from carrying a firearm within the wide 1,000-foot area outlined, that they are effectively barred from carrying a gun in public.

The state held the law under scrutiny was not a blanket prohibition on the right to keep and bear arms, just a restriction on carrying one in some places.

The court did not address other places affected by the 1,000-foot rule besides public parks to include schools, courthouses, public transportation facility, or public housing.



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14 Comments

  1. So, let us pull out an extra-long measuring tape and measure the distance from the Park to 1000 feet away and mark it with a piece of chalk, so that we don’t violate the thousand-yard rule, huh? Very stupid.

  2. I WILL NOT COMPLY I WILL CARRY WHEREVER I WANT BECAUSE THE MUGGER IS NOT GOING TO OBEY THAT STUPID SIGN AND SO I’M NOT GOING TO BE LEFT DEFENSELESS BECAUSE SOME RETARDED LIBTARD IDIOT SCUM MADE UP A STUPID LAW AND PUT UP A SIGN

  3. Unless you know the are well. IE live there, you would break the law getting close enough to the sign to read it. typical stupid lib gun laws… all in violation of the 2nd Amed

  4. There are a lot of placed that we are violating the
    Example they closed the main street and the detour takes you by the grade school on two sides. If your carrying you break the law or drive blocks out of the way. I actually had not thought about being illegal until I read this article

  5. Real, true judges DO understand the difference between the constitution and being politically asinine. I’d love to see their reasons for telling someone they couldn’t have a gun in their house because they live near a park. Stupid frigging politicians are stupid frigging politicians.

  6. What is remarkable is that most of the Illinois Supreme Court Justices are either ex-Chicago Mayors or from the Chicago area! Thanks for being impartial! I used to live in Illinois(49 years). Despite having to get a FOID Card, there really were not very many restrictions on gun ownership outside of Chicago, and even Chicago residents could circumvent the Chicago ban by buying guns outside of Chicago and bringing them back to Chicago. There was nothing Chicago could do about this. Guns were relatively inexpensive, Call- ins to NICS were only two dollars and waiting periods were fairly reasonable. Nevada has no waiting period, FOID Cards, but Call-Ins are $25.00!

  7. ANY politician serving more than one term needs BE VOTED OUT-regardless of record or what lies they tell us—–and we need to start forcing out these lifetime judges that are nothing more than retired politicians and lawyers.

  8. Judges that uphold the Constitution ,,,Amen they are part of who I took my oath for to defend our precious free country for as a veteran besides My Mom, apple pie the American flag the National Anthem and the Bald Eagle. I salute all the Judges involved Hooah !

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