In 2011, the State of Illinois’ laws prohibited private citizens from carrying loaded, operable firearms for the purposes of self-defense. The Second Amendment Foundation, joined by individual plaintiffs, and Illinois Carry, filed suit, seeking injunctive relief barring the Defendants from enforcing the laws at issue and a declaration from the court that the laws were unconstitutional.
The District Court dismissed the complaint, finding that there was “individuals do not have a Second Amendment right to bear arms outside of the home” and therefore the challenged laws “which only regulate firearm possession outside of the home—do not infringe on Plaintiffs’ Second Amendment rights.”
On appeal, a three judge panel of the 7th Circuit reversed the District Court, holding that the Supreme Court’s decisions in Heller and McDonald compelled them to find that the Second Amendment does protect a right to carry outside of the home and declined to engage in “another round of historical analysis to determine whether eighteenth-century America understood the Second Amendment to include a right to bear guns outside the home.” This important win was the primary driver behind Illinois subsequently passing new legislation enacting a shall-issue carry permit regime in 2013 and the elimination of a flat ban on armed self-defense outside the home.
Case Team: David Sigale, David Jensen
Recent Docket Activity
July 9th, 2013
Mandate issued with bill of costs in the amount of $834.30 & $931.90. No record to be returned. [78] [6498755] [12-1269, 12-1788]--[Edited 07/09/2013 by RS]--[Edited 07/09/2013 by RS] [Entered: 07/09/2013 09:20 AM]
July 9th, 2013
FOR COURT USE ONLY: Certified copy of 12/11/2012 Opinion with Mandate and Bill of Costs sent to the District Court Clerk. [6498839-2] [6498839] [12-1269, 12-1788] [Entered: 07/09/2013 10:31 AM]
June 28th, 2013
Notice from the Supreme Court that a motion for extension of time to file a Petition for Writ of Certiorari has been GRANTED, extending such time to 07/22/2013. [77] [6497263] [12-1269, 12-1788] [Entered: 07/01/2013 12:24 PM]
June 4th, 2013
Filed Response in Opposition by Appellants Peggy Fechter, Charles Hooks, Jon Maier, Michael Moore and Second Amendment Foundation, Incorporated in 12-1269 Attorney David G. Sigale to Motion for 30 Day Extension of Stay of Mandate. [74][6490718] [12-1269, 12-1788] [Entered: 06/04/2013 09:37 AM]
June 4th, 2013
Filed Response in Opposition by Appellants Illinois State Rifle Association and Mary E. Shepard in 12-1788 Attorney Charles J. Cooper to Motion To Stay Mandate for Additional 30 Days. [75][6490876] [12-1788, 12-1269] [Entered: 06/04/2013 01:47 PM]
June 4th, 2013
Order re: 1. Motion to stay mandate for 30 additional days. 2. Opposition to motion to stay mandate for additional 30 days. 3. Plaintiffs-Appellants Mary Shepard and Illinois State Rifle Association's opposition to motion to stay mandate for additional 30 days. The motion to stay mandate for additional 30 days is GRANTED. This court's mandate is STAYED until July 9, 2013. No further extensions to stay the court's mandate will be granted. [73] JKL [76] [6490976] [12-1269, 12-1788] [Entered: 06/04/2013 03:46 PM]
June 3rd, 2013
Motion filed by Appellees Hiram Grau and Lisa Madigan in 12-1269, Appellee Lisa Madigan in 12-1788 for stay Mandate For Additional 30 Days. [73] [6490659] [12-1269, 12-1788] [Entered: 06/03/2013 05:46 PM]
