Eugene Volokh has a nice blog entry at the Washington Post where he identifies ten gun control laws, or schemes, he feels are most vulnerable to getting struck down by federal courts.
It’s a great piece. We’ve posted the ten and some comments on them. Feel free to add your own in comments.
1. Restrictions on gun carrying in public places in CA, DC, DE, HI, MA, MD, NJ, NY, RI, which affect outside-the-home self-defense by over 50 million people. (I include CA, DC, and HI here, so long as the decisions striking down the gun carrying restrictions in those jurisdictions are still on appeal.)
In other words, “may issue” concealed carry laws are an endangered species.
2. Restrictions on handgun ownership by 18-to-20-year-olds in many states, which affect self-defense by likely about 5 million or more people. (I don’t count the federal law here, since it can be avoided legally, and with relative ease, by buying from someone who isn’t a professional gun dealer — such a sale is legal even if that person knows the buyer is 18 to 20; compare subsections (b) and (d) of 18 U.S.C. § 922.)
3. Restrictions on handgun carrying by 18-to-20-year-olds in many states, which even more seriously affect outside-the-home self-defense (since long guns aren’t easily available substitutes for carry purposes).
This is similar to a modest change in Illinois to eliminate the parental signature requirement for 18-20-year-olds seeking a FOID card. Guns Save Life, the NRA and the ISRA lobbied for change last session in the Illinois General Assembly. The proposal died.
4. The federal restriction on gun possession by legal nonresident aliens, which affects likely about 1 million people, including many who are here for years to study or to work. (Many legal nonresident aliens are here on work visas that let them work in a particular job.)
5. Restrictions on handgun carrying or (in a few states) possession by legal aliens, resident or otherwise, in those states that impose such limits and in which the limits haven’t yet been struck down (whether on Second Amendment grounds or Equal Protection Clause grounds).
6. Restrictions on gun possession in people’s apartments within some government-owned housing, whether public university dorms or public housing.
This one is on particularly thin ice, in our opinion.
7. Restrictions on gun possession by felons whose convictions are minor enough, or long enough ago, but which are in jurisdictions where restoration of civil rights is hard or impossible (since some courts have expressed a willingness to reconsider that, see e.g., United States v. Moore, 666 F.3d 313, 320 (4th Cir. 2012); United States v. Williams, 616 F.3d 685, 693 (7th Cir. 2010); United States v. Duckett, 406 Fed. Appx. 185, 187 (9th Cir. 2010) (Ikuta, J., concurring); United States v. McCane, 573 F.3d 1037, 1049-50 (10th Cir. 2009) (Tymkovich, J., concurring); cf. Britt v. State, 681 S.E.2d 320 (N.C. 2009) (holding that a nonviolent felon whose crime was long in the past regained his state constitutional right to keep and bear arms); Baysden v. State, 718 S.E.2d 699 (N.C. Ct. App. 2011) (same).)
Illinois already, surprisingly, has a fairly liberal program to restore reformed felons’ Second Amendment rights. It’s not nearly as easy as it should be, but it’s Illinois – and it’s a lot easier than most states. Guns Save Life has been a strong proponent of this restoration process. See our story “REFORMED FELONS: Get your firearm rights restored“.
8. Restrictions on gun possession by those with old records of mental illness, but who have been credibly pronounced to no longer be mentally ill, but who live in jurisdictions where restoration of gun rights in such situations is hard or impossible.
9. License fees for gun possession or handgun possession in those jurisdictions that impose hefty fees — the jurisdictions I’ve heard mentioned in this list are New York City, Massachusetts, and New Jersey — at least as to those people for whom those fees are big money.)
10. Similar license fees for concealed carry licenses, again as to those people for whom those fees are big money.
That would be Illinois – with one of the highest fees for a concealed carry license.