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Shepard v. Madigan

United States District Court, S.D. Illinois

July 26, 2013

MARY E. SHEPARD and the ILLINOIS STATE RIFLE ASSOCIATION, Plaintiffs,
v.
LISA M. MADIGAN, solely in her official capacity as ATTORNEY GENERAL OF ILLINOIS, GOVERNOR PATRICK L. QUINN, solely in his official capacity as Governor of the State of Illinois, TYLER R. EDMONDS, solely in his official capacity as the State's Attorney of Union County, Illinois, and SHERIFF DAVID LIVESAY, solely in his official capacity as Sheriff of Union County, Defendants

For Mary Shepard, Illinois State Rifle Association, Plaintiffs: William N Howard, LEAD ATTORNEY, Locke Lord LLP, Chicago, IL; Charles J Cooper, David H. Thompson, Cooper & Kirk PLLC, Washington, DC.

For Lisa M Madigan, solely in her official capacity as Attorney General of Illinois, Governor Patrick J Quinn, solely in his official capacity as Governor of the State of Illinois, Tyler R Edmonds, solely in his official capacity as the State's Attorney of Union County, Illinois, Defendants: Terence Corrigan, LEAD ATTORNEY, Karen L. McNaught, Illinois Attorney General's Office - Springfield, Generally Admitted, Springfield, IL; David A. Simpson, Karl Triebel, Illinois Attorney General's Office - Chicago 2, Chicago, IL.

For Sheriff David Livesay, solely in his official capacity as Sheriff of Union County, Defendant: Joseph A. Bleyer, LEAD ATTORNEY, K. Rockne Bleyer, Bleyer & Bleyer, Generally Admitted, Marion, IL.

For Brady Center to Prevent Gun Violence, Amicus: Jonathan Lee Diesenhaus, Hogan Lovells LLP, Washington, DC.

For National Rifle Association of America, Inc., Amicus: Charles J Cooper, LEAD ATTORNEY, Cooper & Kirk PLLC, Washington, DC.

MEMORANDUM & OPINION

WILLIAM D. STIEHL, DISTRICT JUDGE.

This matter is before the Court after the issuance of a mandate of the United States Court of Appeals for the Seventh Circuit in Moore v. Madigan , 702 F.3d 933 (7th Cir. 2012) (Mandate issued July 9, 2013) (Doc. 72). In response to the filing of the mandate (which had been stayed by the Court of Appeals for 210 days) the parties have filed several motions which are now fully briefed and before the Court for ruling:

1. Defendants Madigan, Quinn and Edmonds (" State defendants" ) filed a motion to dismiss for lack of jurisdiction (Doc. 73), to which plaintiffs have filed a response (Doc. 74). Defendant Livesay filed a nearly identical motion (Doc. 78) to which plaintiffs have filed a response (Doc. 79). Defendant Livesay has filed a memorandum in support of his motion to dismiss (Doc. 88). The State defendants have filed a supplement to the motion to dismiss (Doc. 86).

Page 997

2. Plaintiffs have filed a motion for declaration of unconstitutionality and for a preliminary and/or perma nent injunction (Doc. 75). State defendants filed a response to this motion as part of their supplement to the motion to dismiss (Doc. 86)
3. Plaintiffs filed a motion to expedite briefing on the motion to declare the new Illinois statute unconstitutional (Doc. 76) to which the defendants filed a response (Doc. 77).

I. BACKGROUND

The posture of this case is unique. The Seventh Circuit determined in Moore v. Madigan , (the lead case from the Central District of Illinois which was heard with this case) that the then-controlling Illinois laws, 720 ILCS 5/24-2; 720 ILCS 5/24-1(a)(4), (10) and 720 ILCS 5/24-1.6 (prohibiting carrying a loaded, immediately accessible, uncased gun), were unconstitutional. The court issued its opinion in December of 2012, but stayed issuance of the mandate for a period of 180 days to allow the Illinois legislature time to pass legislation allowing for the concealed carrying of firearms within the state.

The Seventh Circuit determined in Moore that the " Supreme Court's interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand them to their respective districts for the entry of declarations of unconstitutionality and permanent injunctions." Id. The mandate was stayed " to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with public safety, and the Second Amendment as interpreted in this opinion, on the carrying of guns in public." Id. That 180 day period was extended for an additional 30 days, and on the thirtieth day of the additional period, July 9, 2013, when no law had yet been passed, the Seventh Circuit issued its mandate.

Later, on the day that the mandate was issued (July 9, 2013), the State of Illinois passed comprehensive amendments to the prior laws establishing the " Firearm Concealed Carry Act," (" Act" ) -- Public Act 098-0063, available at: ...


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