Illinois Attorney General Requesting Rehearing in Public Carry Case

By: Meghan Dwyer Email
By: Meghan Dwyer Email

ILLINOIS (WIFR) -- Our state lawmakers have a little bit longer to come up with a concealed carry law, but Attorney General Lisa Madigan is trying her best to stop that from happening.

Madigan wants all ten judges on the 7th circuit to hear the concealed carry lawsuit. You may recall, three of the judges have already ruled that concealed carry should be legal in Illinois.

The court gave lawmakers 180 days to draft a new law making concealed carry legal. Madigan thinks that decision conflicts with precedent already set by the U.S. Supreme Court.

Madigan has filed a petition for something called an en banc hearing, or a hearing in front of the entire court. Normally, the 7th Circuit only hears cases in front of 3-judge panels and getting all of the judges to hear a case is a longshot.

If the 7th Circuit does decide to hear the case again, in front of all ten judges and Madigan wins, the case could be appealed to the U.S. Supreme Court. If this happens, it would just drag out the process, which means there won't be a concealed carry law on the books for quite a while.

The Illinois State Rifle Association told the Associated Press today that they don't mind Madigan’s petition. If Madigan gets her way and the ban on carrying guns in public is upheld, they will take it to the U.S. Supreme Court. The problem with that, though, is that if the U.S. Supreme Court takes up the issue, that decision could affect gun laws in all 50 states.


CHICAGO (WIFR) -- Attorney General Lisa Madigan announced today that she has filed a petition for rehearing before the full U.S. 7th Circuit Court of Appeals in lawsuits challenging the Illinois laws that prevent the carrying of ready-to-use firearms in public.

The Attorney General’s petition for a rehearing “en banc” is a request for all of the judges on the 7th Circuit Court of Appeals to review the case after a December decision by a three-judge panel of the court held that the state laws barring carrying ready-to-use firearms in public are unconstitutional.

Madigan’s petition was filed in lawsuits brought against the State of Illinois by Michael Moore, Mary E. Shepard and the Illinois State Rifle Association, which allege that Illinois’ restrictions on the carrying of ready-to-use weapons in public violates their Second Amendment rights. The laws had previously been upheld by two separate federal district courts in Illinois.

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. Today’s petition for rehearing by the Attorney General does not affect that deadline.

Madigan issued the following statement regarding her decision to seek a rehearing:

“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.”


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