Moore v. Madigan

Federal 7th Circuit Court
Civil Court
Second Amendment
Case Number: 
Nos. 12-1269 & 12-1788 Cons.
Decision Date: 
December 11, 2012
Federal District: 
C.D. Ill. and S.D. Ill.
Reversed and remanded
District Courts erred in dismissing for failure to state cause of action plaintiffs’ lawsuits seeking declaration that Ill. statute (720 ILCS 5/24-1(a)(4)(iii), (10)(iii),-1.6(a)(3)(iii)) that prohibits, except for police and other excepted persons, individuals from carrying ready to use/concealed guns is unconstitutional under Second Amendment. Ct. found that Second Amendment’s right of citizens to use arms in defense of home, as recognized in Heller, 554 U.S. 570 (2008), extended to right of self-defense outside of home, and that current Illinois law that allows individuals to be armed in their homes for purposes of self-defense and not allows them to carry guns in public for self-defense purposes is arbitrary since interest in self-defense is as great outside of home as it is inside of home. Ct., though, stayed its mandate for 180 days to allow Ill. Legislature to generate new gun law that contains reasonable limitations on carrying guns in public. (Dissent filed.)