Tuesday, January 8, 2013

Illinois AG Madigan Requests En Banc Hearing In Carry Cases

Illinois Attorney General Lisa Madigan announced today that she will be requesting an en banc review of the 7th Circuit Court of Appeals decision in the joint cases of Moore v. Madigan and Shepard v. Madigan. This decision by the 7th Circuit would have forced the Illinois General Assembly to come up with some form of concealed carry within 180 days. An en banc review means all the judges of the 7th Circuit will review the case and not just the three judge panel assigned to the case. As I understand it, a petition for an en banc review is not automatically granted.

There had been some question on whether or not Madigan would appeal or seek an en banc review given her ambitions to succeed Pat Quinn as Governor of Illinois. Letting the decision stand would have been a bone tossed to downstate Illinois Democrats who tend to look at gun rights more favorably. I take Madigan's petition as an indication that she feels that gun control post-Newtown is a winning proposition.

From Madigan's press release:

Chicago — Attorney General Lisa Madigan today announced 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.”

UPDATE: The petition from the Illinois Attorney General's Office can be found here.

The Brady Center along with Trayvon Martin's parents and others have filed an amicus brief in support of the Madigan's petition. It can be found here. Frankly, I find the thought of including Trayvon Martin's parents in the amicus brief just a trifle tacky. But then again, this is the new and improved Brady Center.

There is also an amicus brief in support of Madigan's petition from the City of Chicago, the Chicago Board of Ed, the Chicago Transit Authority, and the Legal Center to Prevent Gun Violence (the old LCAV) which can be found here.


  1. I think she's hoping the anti-gun rhetoric will sway the judges...

  2. She's never respected the laws or precedent regarding firearms before...why should she start now? She tried to ban mail order ammo sales by fiat, even Daddy felt it necessary to slap her down for rewriting his laws. Hopefully they will refuse to hear it and then she'll have a hard choice to make.

  3. In other news, Gura filed a cert petition for Kachalsky today.


    1. Thanks for the update on that. I'll have to read it.