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Jumping Frog wrote:Not necessarily, the IL case banned all forms of bearing arms. IL could conceivably meet court requirement by allowing open carry of long arms, for example.

Yes...Exactly.
..... and the Colorado Circuit allowing the banning of CC says nothing about what the States must affirmatively allow.
SCOTUS will almost certainly be faced with clearing up the myriad of lower court rulings by giving some sort of affirmative guidance... Something along the lines of "the States may regulate the "Bearing" of arms, but not to the point of prohibiting them".

In this instance, both Circuit courts were correct. CC is not a protected right (Denver) but totally banning "Bearing" arms is a violation of 2A (IL). These rulings are not mutually exclusive.

MeMelYup wrote:It would be nice if the court would say: The state may regulate how you can carry, it shall not regulate that you cannot.

In my (completely unqualified ) opinion, this would be consistent with McDonald.

In McDonald the Court held that 2A applied equally to the States under the 14th (Due Process). I would then argue that States certainly can regulate the carrying of a gun by a citizen, but not prohibit it explicitly (like IL currently does) or effectively (via "may issue", or by putting in place some other insurmountable burden). With a bit of luck, and some good lawyering, this case could turn out to mandate "shall issue".