Jump to content

Solomon v Cook Co Forest Preserves - ban on concealed carry


Molly B.
 Share

Recommended Posts

Court Ruling on the Solomon Vs. Cook County Forest Preserves case banning carrying in the forest preserves...

 

Court finds the firearms regulations at issue to be unconstitutionally overbroad. Nevertheless, the Court temporarily stays enforcement of its ruling for six months i.e., until March 15, 2022 to provide the General Assembly an opportunity to act definitively on this matter if it chooses to do so. Emailed notice(cdh,)

 

https://www.courtlistener.com/docket/7430047/solomon-v-madigan/

gov.uscourts.ilnd.343440.123.0.pdf

Link to comment
Share on other sites

Interesting statements by the court:

 

Quote

Defendants rely heavily on crime statistics
from Cook County and the City of Chicago, but amidst all the violent crimes that the record lists
and that Defendants argue show a threat to public safety, no one identifies any violent crimes
committed by CCL holders. Turning to the FPDCC in particular, of all the crimes committed in
the Forest Preserve between 2014 and 2019, only 4 were committed by CCL holders, [94 at ¶ 63],
and those were all violations of Section 65(a)(14)—the crimes committed by CCL holders were
only unlawful concealed carry, not murder, assault, armed robbery, or other violent crimes.

 

 

Quote

Defendants here offered no evidence connecting concealed carry by CCL
holders to any threat to public safety, much less a threat within the regulated area, the FPDCC.
Though their burden is lower than that of the defendant in Kole, and expert testimony is not a
requirement for upholding the constitutionality of a firearm regulation, they face the same kind of
problem: Defendants had to provide some link between the regulated activity and their interest in
public safety, but that link is not in the record.

 

 

Quote

As a consequence of its ruling in Plaintiff’s favor on Count I, the Court finds the firearms
regulations at issue to be unconstitutionally overbroad. Nevertheless, the Court temporarily stays
enforcement of its ruling for six months—i.e., until March 15, 2022—to provide the General
Assembly an opportunity to act definitively on this matter if it chooses to do so.

 

Link to comment
Share on other sites

On 9/14/2021 at 12:28 PM, Molly B. said:
Quote

Defendants here offered no evidence connecting concealed carry by CCL holders to any threat to public safety, much less a threat within the regulated area, the FPDCC. Though their burden is lower than that of the defendant in Kole, and expert testimony is not a requirement for upholding the constitutionality of a firearm regulation, they face the same kind of problem: Defendants had to provide some link between the regulated activity and their interest in public safety, but that link is not in the record.

 

 

Intermediate scrutiny: The government has to show that a law actually accomplishes its intended purpose.

 

The Federal District Court is saying that the law prohibiting otherwise legal carry does not pass intermediate scrutiny. The logical conundrum is that the government could argue that the law prohibiting otherwise legal carry is exactly why otherwise legal carriers aren't committing violent crimes in the forest preserve. Because we're obeying the law, we aren't committing violent crimes. Thus the law works as intended.

 

A stronger argument would be to ask how many legal carriers commit violent crimes outside the forest preserves, where the prohibition does not exist. A similar case in Delaware a few years ago asked an even better question: Could the state show how many illegal carriers decided not to commit violent crimes upon seeing the sign prohibiting firearms in the park? (Hint: It couldn't.)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...