Concealed Carry Permit Denial

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7^th Circuit Court of Appeals

Case Name: John Berron v. Illinois Concealed Carry Licensing Review Board, et al; Ronald DeServi v. Jeremy Margolis; Seth Ghantous v. Illinois concealed Carry Licensing Review Board; Fotios Moustakas v. Edward A. Bobrick, et al;

Case No.: 15-2404; 15-2405; 15-2931; 16-1170;

Officials: EASTERBROOK and WILLIAMS, Circuit Judges, and YANDLE, District Judge

Focus: Concealed Carry Permit Denial

Plaintiffs properly denied concealed carry rights.

“Plaintiffs next maintain that, even if licenses may be required, they must be issued unless the state proves a disqualifying condition by clear and convincing evidence. Neither Heller nor McDonald is concerned with licensing, so this contention lacks support in the Supreme Court’s most applicable decisions. As a matter of administrative law, the proponent of a position bears the burden of showing entitlement by a preponderance of the evidence. See Director, OWCP v. Greenwich Collieries, 512 U.S. 267 (1994). Plaintiffs are the applicants for licenses, so they bear the burden of showing entitlement. To be more precise, a state may assign applicants that burden without transgressing the Constitution. Illinois is a little more generous, placing the burden on the state to show why an application should be denied. 430 ILCS 66/20(g). Section 66/20(g) uses a preponderance standard, which is the norm in civil litigation. See, e.g., Herman & MacLean v. Huddleston, 459 U.S. 375, 387–90 (1983); Grogan v. Garner, 498 U.S. 279, 286 (1991); Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 1758 (2014); Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14–1513 (U.S. June 13, 2016), slip op. 12. We do not see why the Second Amendment would alter that standard, which applies to disputes about other kinds of property such as zoning and home ownership, occupational licenses such as law licenses, and other valuable licenses of all kinds, such as driver’s licenses.”

Affirmed

Judgment vacated as to Appeal No. 15-2931

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.