2nd Amendment Violation Privileges and Immunities Clause.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Kevin W. Culp, et al. v. Kwame Raoul, et al.

Case No.: 17-2998

Officials: MANION, HAMILTON, and SCUDDER, Circuit Judges.

Focus: 2nd Amendment Violation Privileges and Immunities Clause

Before us is a challenge to the scheme Illinois has enacted to license the concealed carry of firearms. The plaintiffs are out-of-state residents who contend that Illinois law discriminates against them in a way that forecloses their receiving a license in violation of the Second Amendment and the Privileges and Immunities Clause of the U.S. Constitution. Two years ago we considered and rejected the same challenge from the same parties in an appeal from the denial of their request for a preliminary injunction. The case returns on the same evidentiary record following entry of summary judgment for the State.

The State has sought to overcome this information deficit not by holding out-of-state residents to different standards than residents for obtaining a concealed-carry license, but by issuing licenses only to...