You can listen to the oral arguments here. At first I was a little worried, because the questioning of the panel seemed to be all over the place, and asking difficult questions of Mr. Gura and Mr. Cooper which to me seemed to be outside the scope of what the courts can do, but I guess reflected some concern from the panel about carrying in bars, etc.
But then the grilling of the Illinois Attorney started, and things started, to put it mildly, looking up. Go have a listen. Keep in mind, the courts can only really say Illinois’ statute is constitutional or not. It would be up to the legislature to craft a bill that would pass constitutional muster, and it should be noted a bill is already introduced that would accomplish that, and has very near the votes needed for passage.
Now if the Illinois law is tossed on Constitutional grounds, I don’t believe Illinois would be permitted to enforce it. The question is, will the legislature want to “settle out of court,” so to speak, and pass a right-to-carry bill now, rather than risk the state, essentially, going constitutional carry. Would our side be willing to take the deal? Risk is inherent for both sides. What if the courts opinion hints at may-issue being constitutional? What if we lose outright? For them, what if it invalidates the law, and essentially anyone who can legally possess a gun in Illinois can carry?
Also interesting is whether the disposition of Judge Posner to the Right to Keep and Bear Arms has changed. It seems from this case he may have warmed up to the idea.