Fri February 22, 2013
Full Federal Court Will Not Hear Ill. Concealed Carry Case
The full U.S. appeals court for the 7th Circuit will not reconsider its ruling that Illinois' ban on the concealed carry of weapons is unconstitutional.
Illinois Attorney General Lisa Madigan had asked all 11 judges to hear the case. Today's decision by six of those judges allows the earlier 2-1 ruling to stand. One judge, Michael Kanne, did not participate in the petition for a full court hearing.
The four other judges, in an opinion written by David F. Hamilton, an appointee of President Obama, dissented from the decision. Hamilton argued that the Supreme Court of the United States had not yet ruled whether the right to keep arms in the home outlined in District of Columbia vs. Heller extended beyond the home.
Today's ruling came the same day that Illinois lawmakers heard another round of testimony on the subject of guns. They have until early June to come up with a law authorizing concealed-carry in Illinois.
In a statement, Madigan said that while en banc hearings are rarely granted, it was an important request to make, adding:
"Significantly, in today's decision, four of the 7th Circuit judges had provided a clear framework to guide the legislature in drafting a new law. With the 180-day deadline still in place, it is critical that the legislature continue to work to enact a law that will protect public safety."
Madigan has 90 days to decide whether to appeal to the U.S. Supreme Court.
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