RedState.com hosts an analysis of the 7th District Circuit Court of Appeals' recent ruling considering Illinois' concealed carry ban. The state has three options - change the law, appeal to the full 7th Court or go directly to the US Supreme Court:
The state of Illinois has three options as concerns this ruling. The Circuit Court of Appeals for the 7th Circuit placed the legislature under a 180-day mandate to change the law. That is the first option for the state- simply change their law to comply with the ruling. This would entail lifting the absolute ban on concealed carry in public laws and allow permits. If they go this route, then they can conceivably pass new legislation along the lines of that in any other liberal state.
The second choice would be to appeal for an en banc review of the full 7th Circuit. There is currently one vacancy on that court. Of the ten judges, seven are Republican appointees dating back to the days of Reagan. Should Illinois go this route, it is very likely that they would simply affirm the 2-1 decision, although that is not always a given. Just based upon an understanding of the existing judges, however, leads one to believe that they would affirm the decision.
The third choice is a direct appeal to the United States Supreme Court. If they fail to change the law, then this would be the more likely appeal than going for en banc review. The main reason is that it would create a split among circuits at the least and present a unique constitutional question at the most. In both the Heller and McDonald decisions- the two most recent 2nd Amendment cases- the Court left open the option for gun control laws. Hence, like all rights, they come with some limits. The question would be how far those limits can extend and if they can extend to the outright ban of firearm possession in public. At the least, Posner’s decision goes further than any court has ever gone on the issue. Although the Illinois law is the outlier as concerns gun control legislation, the Posner decision stands as the outlier in gun control jurisprudence. A good way to get a case before the Supreme Court is to have disagreement among lower circuits.
The rest of the analysis and legal speculation is HERE.