Tuesday, December 11, 2012

Seventh Circuit -- Michael Moore v. Lisa Madigan

Second Amendment arms-bearing is protected outside the home as well as inside the home.  Reason: at the time of the founding it was more perhaps dangerous outside than it was inside.  And there's no policy justification for the statute at issue.

State would have had to prove 'more than a rational basis' for the law to stand against 2A.

Dissent - Off the McDonald/Heller continuum - carrying outside is intrinsically more dangerous and susceptible to regulation, as evinced by the frequent regulation of it.

[Again, folks, these are quick summaries.  Especially today.  Entertainment value only.]

Michael Moore v. Lisa Madigan
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.