In an example of how the law should not have the design, or the effect, or turning law-abiding persons into criminals, the Illinois Supreme Court struck down a portion of the state’s Firearms Concealed Carry Act that banned licensees from carrying concealed within 1,000 feet of a public park. The court stated that:
Innocent behavior could swiftly be transformed into culpable conduct if an
individual unknowingly crosses into a firearm restriction zone. The result could
create a chilling effect on the second amendment when an otherwise law-abiding
individual may inadvertently violate the 1000-foot firearm-restricted zones by just
turning a street corner. Likewise, in response to a question at oral argument, the
State conceded that an individual who lives within 1000 feet of a public park would
violate section 24-1(a)(4), (c)(1.5) every time that individual possessed a firearm
for self-defense and walked to his or her vehicle parked on a public street.
Additionally, the Court found that the State’s claimed purpose of public safety, without any evidence of how this law was actually supposed to achieve that purpose, was legally insufficient.
The Opinion can be found here: Chairez Opinion
Eugene Volokh’s analysis: Here
