CHICAGO - Attorney General Lisa Madigan announced Tuesday she is not willing to concede the US 7th Circuit Court of Appeals' decision that Illinois' current law preventing citizens from carrying firearms in public is unconstitutional.
The Attorney General petitioned for a rehearing “en banc,” asking all judges on the 7th Circuit Court of Appeals to review the case after a December decision by a three-judge panel of the court ruled against Illinois' concealed carry ban.
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.”
