 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.
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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] |
