Monday, April 8, 2013

Will Lisa Madigan appeal?

On December 11 the U.S. 7th Circuit Court of Appeals struck down the Illinois statute prohibiting concealed carry. The Court gave Illinois 180 days to enact a concealed carry law; if it doesn't, Illinois will join the four-five other States and become a Constitutional Carry state.

Then, on June 9, if you have a FOID card, you can start carrying a loaded, concealed weapon. Or carry it openly. (Call your lawyer first). That ruling could be become known as the Illinois Lawyers' Relief Act. Their phones should be ringing off the hooks on June 10. Let's hope they have done their homework and give correct legal advice to their clients.

Attorney General Lisa Madigan was making noises about appealing the Court's decision to the United States Supreme Court. Or some silly nonsense about appealing the U.S. Circuit Court's decision to the Illinois Supreme Court.

The legislators, if they are really interested in the safety and security of their constituents, could just stop fooling around and pass HB0997. And refuse to vote on the amendments to shell bills HB1155, - 56 and -57.

Just pass a reasonable, equitable concealed carry law (like those in most of the other States) and be done with it.

5 comments:

bill Matteson said...

Lets say Lisa appeals on June 1st would that delay the start of constitutional carry?

I think they(democrats) will use any and every stalling tactic known to man.
and even some we never thought about

Mike said...

I predicted this to my friends who thought the war was over and we won. I told them that the state would wait until the last minute and file an appeal. During the appeal there will no doubt be a stay of the order and we continue on as usual.

Big Daddy said...

Gus, either an ASA or a Corp Council from Crook County, I forget which, has already said that the only court Illinois has to abide by is the USSC, not some appellate court.I wouldn't expect CCW to be the law in Illinois anytime soon. Maybe not even in my lifetime.

Clem Kadiddlehopper said...

I am not a lawyer, but I'm pretty sure that June 1 would be far too late for Madigan to appeal.

"28 USCS § 2101 provides that an appeal must be taken within 30 days after entry of the interlocutory or final order, judgment, or decree, when an appeal is taken from a decision of a three-judge district court holding unconstitutional in whole or in part any act of Congress."

http://appeals.uslegal.com/appellate-process/time-to-appeal/

See also: http://apps.americanbar.org/litigation/committees/appellate/articles/111810-notice-appeal-mandatory.html

bill Matteson said...

Just wanted to give you a compliment on your count down clock to CCW..The ISRA has just started with their count down clock..

you were way ahead of them good job