Moore v. Madigan concerns Illinois' longstanding prohibition of concealed carry. In December, shortly before the 12/14 attacks, Seventh Circult Court of Appeals ruled the ban unconstitutional. Attorney General Lisa Madigan filed for an en banc review of the decision. Chicago Tribute reports that request has been denied:
SPRINGFIELD — A divided federal appeals court today rejected Illinois Attorney General Lisa Madigan’s request for a rehearing on the case where the state has been ordered to allow citizens to carry guns in public.
Madigan made the request following the U.S. Seventh Circuit Court of Appeals decision in December that gave Illinois 180 days to put together a law that would allow concealed weapons in Illinois.
Madigan has not made a decision on whether to appeal to the U.S. Supreme Court, said Maura Possley, Madigan spokeswoman.
In a statement, the attorney general encouraged state lawmakers to write a new law that fits within the parameters of the initial decision calling for concealed carry in Illinois. And she sought to explain why she went forward with the request to have a hearing by all judges in the 7th Circuit, a move known as “en banc.”
“Although the 7th Circuit rarely grants rehearing en banc, it was important to ask the full court to reconsider its opinion,” the Madigan statement said. “Significantly, in today’s decision, four of the 7th Circuit judges have 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.”
She has 90 days to appeal the original decision.
Illinois is the only state in the union without a concealed carry permit regime. For gun rights supporters, this a clear victory. The path forward leads to the Supreme Court. For gun control activists, the outcome may not be all that dire. Seven Circuit stayed its original decision for 180 days in order to give the legislature time to craft an alternative. Patrick Charles at HuffPo predicts Illinois can pursue several tough options.