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Wednesday, January 9, 2013

Attorney General Asks for Rehearing in Illinois Gun Case

Last month, we reported on the 7th Circuit's decision striking down the Illinois law preventing the carrying of ready-to-use firearms in public as unconstitutional.  Moore v. Madigan, Nos. 12-1269, 12-1788 (7th Cir. Dec. 11, 2012).  That ruling was issued by a three member panel of the 7th Circuit.  Yesterday, Attorney General Lisa Madigan announced that she has filed a petition for rehearing of the concealed carry case before the full U.S. 7th Circuit Court of Appeals (en banc).  In a press release, Madigan issued the following statement:

“In ruling that Illinois must allow individuals to carry ready-to-use firearms in public, the 7th Circuit Court’s decision goes beyond what the U.S. Supreme Court has held and conflicts with decisions by two other federal appellate courts. Based on those decisions, it is appropriate to ask the full 7th Circuit to review this case and consider adopting an approach that is consistent with the other appellate courts that have addressed these issues after the U.S. Supreme Court’s landmark Heller and McDonald decisions.”

In its December decision, the 7th Circuit Court of Appeals set a 180-day deadline for the Illinois legislature to draft and enact new laws relating to carrying ready-to-use firearms in public.  The Attorney General's petition for rehearing "en banc" will not affect that deadline.

Post Authored by Julie Tappendorf, Ancel Glink


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