Thursday, September 19, 2013

First Impact Of Illinois Supreme Court Ruling On Right To Carry

I want to thank John Richardson of No Lawyers, Only Guns and Money for writing this article.  Please click to his blog, because he deserves the credit.  I only wish to insure that the information is widely spread.  Good job, John.

This past Thursday, the Illinois Supreme Court ruled unanimously in People v. Aguilar that the Illinois law that banned carry outside the home was illegal under the Second Amendment. Yesterday, this ruling caused Cook County Circuit Judge Ellen Mandeltort to reverse herself and drop charges against Deafalla Haddad. Mr. Haddad had been charged with the unlawful use of a weapon after he was found in possession of a handgun during a routine traffic stop.

Cook County Circuit Judge Ellen Mandeltort last week denied Deafalla Haddad's request to drop the charges.

But the Supreme Court ruled Thursday that part of the state's gun law was unconstitutional and advised prosecutors to drop charges in certain cases. That ruling fell in step with a federal court decision earlier this year declaring that the state's gun laws violated the U.S. Constitution.

At Monday's hearing, defense attorney Matt Fakhoury asked Mandeltort to reconsider the request in light of the Supreme Court decision. She agreed and found the case against Haddad violated his Second Amendment rights.

"This court finds that the charges (against Haddad) are unconstitutional," Mandeltort said from the bench.
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