 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. The
attorney general's petition for rehearing does not affect that
deadline.
[to top of second column] |
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."
[Text from file received from the office
of
Illinois Attorney General Lisa
Madigan] |
