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Friday, February 22, 2013

Ind. Decisions - 7th Circuit denies rehearing en banc petition in gun case

Updating this ILB entry from Dec. 16, 2012, re Michael Moore v. Lisa Madigan, AG, its opinion striking down a statewide ban on carrying concealed weapons, the Circuit Court today, by a 5-4 vote, denies a petition to grant rehearing en banc. Here is the denial, including Judge David F. Hamilton’s dissent from the denial of rehearing en banc, joined by Judges Rovner, Wood and Williams. The dissent begins:

I respectfully dissent from the denial of rehearing en banc in these cases. The Supreme Court has not yet decided whether the post- Heller individual right to keep and bear arms at home under the Second Amendment extends beyond the home. The panel’s split decision in these cases goes farther than the Supreme Court has gone and is the first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public. Until the Supreme Court faces the issue, the state of the law affecting people in Illinois, Wisconsin, and Indiana is an important question worthy of en banc consideration to decide whether to affirm, reverse, or remand for further factual development. Without undue repetition of Judge Williams’ persuasive panel dissent, three points deserve emphasis at this en banc stage of the proceedings.

First, extending the right to bear arms outside the home and into the public sphere presents issues very different from those involved in the home itself, which is all that the Supreme Court decided in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010).

Posted by Marcia Oddi on February 22, 2013 11:51 AM
Posted to Ind. (7th Cir.) Decisions