San Diego, CA --(Ammoland.com)- Last week, the United States Court of Appeals for the Seventh Circuit declined the State of Illinois’ petition to rehear en banc the Court’s December 11, 2012 decision striking down as unconstitutional Illinois’ total ban on carrying firearms for self-defense outside one’s home or business.
Stay tuned to www.calgunlaws.com for further analysis on analysis of the order’s potential ramifications, but you can read the order yourself here.
The case is Shepard v. Madigan, and involves lead plaintiff Mary Shepard, an Illinois resident and a trained gun owner, who is licensed to carry a concealed handgun in both Utah and Florida, but prohibited from doing so under Illinois law. After Ms. Shepard and an 83-year-old co-worker were viciously attacked in the church where they worked, and beaten by a six-foot-three-inch, 245 pound man with a violent past and a criminal record, she brought suit challenging the Illinois law that prevented her from having a firearm on her that day. The National Rifle Association is funding this case, with the Illinois State Rifle and Pistol Association as a co-plaintiff. The National Rifle Association is funding Shepard, with the Illinois State Rifle and Pistol Association as a co-plaintiff. A sister case, sponsored by the Second Amendment Foundation, Moore v. Madigan, was also decided in the same opinion.
Today’s ruling means that the original decision – in which the author Judge Posner stated “One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self- defense in the eighteenth century could not rationally have been limited to the home. . .. Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk than in his apartment on the 35th floor . . ..” – will stand, at least for now.
Illinois still has the option of seeking review by the U.S. Supreme Court, but will have to first deal with the impending deadline set by the Seventh Circuit to amend its current law, which will occur before the Supreme Court will decide to hear the case. Whether Illinois will be able to obtain an extension on their deadline to amend their laws by the Seventh Circuit, or the Supreme Court remains to be seen, and may raise interesting procedural issues.
While the significance of the original decision was overshadowed by the horrific events in Newtown, Connecticut, its affirmation by the Seventh Circuit today resurrects the case as the topic de jure in firearm circles. This decision provides a little relief from the constant barrage firearms owners have been subjected to in the last couple months, and hopefully is an indication of things to come from the courts.
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