Moore v. Madigan, No. 12-1269 (7th Cir. 2012)Annotate this Case
Plaintiffs challenged an Illinois law that forbid carrying a gun ready to use (loaded, immediately accessible, uncased), with exceptions for police, security personnel, hunters, members of target shooting clubs, a person on his own property, in his home, in his fixed place of business, or on the property of someone who has permitted him to be there with a ready-to-use gun,720 ILCS 5/24-2. Carrying an unloaded gun in public, uncased and immediately accessible, is prohibited, other than excepted persons, unless carried openly outside a vehicle in an unincorporated area and ammunition is not immediately accessible. The district court dismissed, holding that the Second Amendment does not create a right of self-defense outside the home. The Seventh Circuit reversed, but stayed its mandate for 180 days to allow the legislature to draft new restrictions. The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. Evidence, although inconclusive, is consistent with concluding that a right to carry firearms in public may promote self-defense. Illinois failed to provide more than merely a rational basis for believing that its sweeping ban was justified by increased public safety.
The court issued a Revised version of this opinion on February 22, 2013.