Shepard v. Madigan, No. 13-2661 (7th Cir. 2013)Annotate this Case
In 2012 the Seventh Circuit invalidated provisions of the Illinois gun law, 720 ILCS 5/24‐1,‐1.6, which, with limited exceptions, prohibited a person from carrying a ready-to-use gun outside his property or the property of someone who has granted permission. The court ordered its mandate stayed for 180 days to allow the state to craft a new gun law and extended the stay for an additional 30 days. In July 2013, the Illinois legislature, overriding a veto, enacted, the Firearms Concealed Carry Act, 430 ILCS 66/1, authorizing issuance of licenses for carrying guns outside the home. The Act requires an applicant to be at least 21 years old; have 16 hours of approved firearms training; have a currently valid Firearm Owner’s Identification Card; not have been convicted of assault, drunk driving, or certain other offenses or be in pending proceedings; and not have been treated recently for alcoholism or drug addiction. The state moved to dismiss the underlying cases as moot. Plaintiffs, upset by the new law’s delay of 270 days between its enactment and issuance of the first permits, requested that the state be ordered, until the Act is fully implemented, to allow any resident to carry a gun outside the home with only a FOID card. The Seventh Circuit affirmed denial of relief, stating that if plaintiffs “don’t like the new law, and wish to invalidate it, they must bring a new suit.” There was no prior order except a deadline for the state to enact a new law. It met the deadline.