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View Full Version : Moore/Shepard v. Madigan, 702 F.3d 933 (7th Cir. 2012) (Illinois CCW)


fizux
08-22-2013, 8:04 PM
Moore v. Madigan; Shepard v. Madigan
Issue: 2A Right to Bear Arms in Public

As of 3/21/2014, there were 13,500 CCW (http://chicago.cbslocal.com/2014/03/21/number-of-concealed-carry-permits-grows-to-13500/) permits issued in IL.

Moore v. Madigan

Trial Court: C.D. Ill.
Case No.: 3:11-cv-03134
Docket: http://ia600603.us.archive.org/14/items/gov.uscourts.ilcd.52015/gov.uscourts.ilcd.52015.docket.html

Appellate Court: 7CA
Case No.: 12-1269
Docket: http://ia601700.us.archive.org/8/items/gov.uscourts.ca7.12-1269/gov.uscourts.ca7.12-1269.docket.html
Decision: Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012). (http://scholar.google.com/scholar_case?case=10665754353092136977)

Current Status as of 3/24/2014: Attorney Fee Motion and related discovery are pending; Defendants' opposition is due 5/5//2014.


1/7/2014 - Plaintiffs' motion for reconsideration is denied; Defendants have until 5/5/2014 to conduct discovery and oppose Plaintiffs' attorney fee motion.
1/2/2014 - Plaintiffs' file motion for reconsideration of additional time.
1/2/2014 - Court grants Defendants' motion for additional time.
12/30/2013 - Defendants request additional time to conduct discovery related to Plaintiffs' attorney fees.
11/07/2013 - Text order - motion for atty fees due 12/16/2013, Opposition due 12/30/2013.
10/21/2013 - Status Conf.
10/9/2013 - Defendants' MTD as moot is denied (order (http://www.archive.org/download/gov.uscourts.ilcd.52015/gov.uscourts.ilcd.52015.57.0.pdf)).
7/9/2013 - Defendants' MTD (http://www.archive.org/download/gov.uscourts.ilcd.52015/gov.uscourts.ilcd.52015.51.0.pdf) as moot.
7/9/2013 - Legislature overrides veto of SHALL ISSUE CARRY BILL (Chicago Tribune Article (http://articles.chicagotribune.com/2013-07-09/news/chi-illinois-concealed-carry_1_harrisburg-democrat-gun-bill-quinn)).
7/9/2013 - 7CA Mandate Issued.
12/11/2012 - 7th Circuit Opinion (http://scholar.google.com/scholar_case?case=10665754353092136977) Published.


Shepard v. Madigan

Trial Court: S.D. Ill.
Case No.: 3:11-cv-00405
Docket: http://ia700609.us.archive.org/34/items/gov.uscourts.ilsd.52207/gov.uscourts.ilsd.52207.docket.html

Appellate Court: 7CA
Case No.: 12-1788
Docket: http://ia801704.us.archive.org/5/items/gov.uscourts.ca7.12-1788/gov.uscourts.ca7.12-1788.docket.html
Decision: Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012). (http://scholar.google.com/scholar_case?case=10665754353092136977)

2nd Appeal re: FOID carry until CCW implemented
Case No.: 13-2661
Docket: http://ia800901.us.archive.org/26/items/gov.uscourts.ca7.13-2661/gov.uscourts.ca7.13-2661.docket.html
Decision: Shepard v. Madigan II (http://scholar.google.com/scholar_case?case=8943659391570389612), ___ F.3d ___ (7th Cir., Nov. 5, 2013).

Current Status:
As of 12/12/2013 - Cases complete. No FOID carry under these case numbers.

11/27/2013 - 7CA mandate issued.
11/5/2013 - 7CA opinion (http://scholar.google.com/scholar_case?case=8943659391570389612) affirming ILSD's denial of FOID carry pending CCW implementation.
8/14/2013 - Appellant's Reply Brief (http://www.archive.org/download/gov.uscourts.ca7.13-2661/gov.uscourts.ca7.13-2661.27.0.pdf).
8/9/2013 - Appellee's Opening Brief (http://www.archive.org/download/gov.uscourts.ca7.13-2661/gov.uscourts.ca7.13-2661.20.0.pdf).
8/7/2013 - Oral Argument Scheduled for 10/3/2013 at 9:30am.
7/30/2013 - Apellant's Emergency Motion / Opening Brief (http://www.archive.org/download/gov.uscourts.ca7.13-2661/gov.uscourts.ca7.13-2661.5.0.pdf).
7/9/2013 - Legislature overrides veto of SHALL ISSUE CARRY BILL (Chicago Tribune Article (http://articles.chicagotribune.com/2013-07-09/news/chi-illinois-concealed-carry_1_harrisburg-democrat-gun-bill-quinn)).
7/9/2013 - 7CA Mandate Issued.
12/11/2012 - 7th Circuit Opinion (http://scholar.google.com/scholar_case?case=10665754353092136977) Published.


Links:
CGF Wiki for Moore links to wildhawker's thread: http://www.calguns.net/calgunforum/showthread.php?t=452974
CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Litigation_Past_and_Present
ISP online CCW app: https://ccl4illinois.com/ccw/public/home.aspx
ISP CCW FAQ: http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm
Firearm Concealed Carry Act (FCCA): http://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf

fizux
11-06-2013, 2:07 PM
Bump for release of opinion by 7CA.

Librarian
11-06-2013, 2:14 PM
We do not mean to belittle the plaintiffs’ complaint about
delays built into the new law. But if they don’t like the new law,
and wish to invalidate it, they must bring a new suit. Their only
basis for complaining about the district court’s refusal to enjoin
the old law immediately—and thus allow them (if they have a
FOID card) to start carrying guns in public without complying
with the new law—is that we ordered it and therefore the district
court has violated our order. That is incorrect. We made no
order regarding relief except to specify a deadline for the state
to enact a new law. It met the deadline. Thus the district court
did not violate our mandate and so there is no basis for the relief
that the plaintiffs sought. The denial of that relief is therefore
AFFIRMED.That seems pretty clear.

Paladin
11-06-2013, 11:41 PM
The only good thing is that the state, apparently, still expects 300,000 applicants in the first year.

http://www.wifr.com/home/headlines/Ill-Lawmakers-OK-33M-to-set-up-Concealed-Carry-Regulation-System--230694551.html

When, oh, when will the last 8 "hold out" states join the rest of the nation???

http://gun-nuttery.com/maps/2013.gif

Baja Daze
11-07-2013, 1:18 AM
The only good thing is that the state, apparently, still expects 300,000 applicants in the first year.

http://www.wifr.com/home/headlines/Ill-Lawmakers-OK-33M-to-set-up-Concealed-Carry-Regulation-System--230694551.html

When, oh, when will the last 8 "hold out" states join the rest of the nation???

http://gun-nuttery.com/maps/2013.gif

That map has some errors and clarification is badly needed!! :confused:

First, Arkansas is NOT "Constitutional Carry" (CC) and their AG has even provided this opinion. Wyoming is ONLY CC for residents and being the least populated state, most everybody needs a permit in WY. Arizona is NOT CC like AK or VT as a permit in AZ provides more carry rights than CC does.

Statutorily Connecticut is a may-issue state, however current policy is to a large extent shall-issue, but this could change on a mere whim or shift in the political winds.

fizux
11-07-2013, 3:51 AM
That map has some errors and clarification is badly needed!! :confused:

First, Arkansas is NOT "Constitutional Carry" (CC) and their AG has even provided this opinion. Wyoming is ONLY CC for residents and being the least populated state, most everybody needs a permit in WY. Arizona is NOT CC like AK or VT as a permit in AZ provides more carry rights than CC does.

Statutorily Connecticut is a may-issue state, however current policy is to a large extent shall-issue, but this could change on a mere whim or shift in the political winds.
http://www.calguns.net/calgunforum/showthread.php?p=11779784#post11779784

fizux
12-12-2013, 2:15 PM
ISP has a website for applications:
https://ccl4illinois.com/ccw/public/home.aspx

Note for Californians in no-issue counties, the IL non-resident application requires a copy of a CCW from the applicant's home state.

Paladin
12-19-2013, 6:44 AM
ISP has a website for applications:
https://ccl4illinois.com/ccw/public/home.aspx
That's great the ISP made applications available before the 2014 Jan 05 deadline, but does anyone know when the ISP started/starts accepting applications?

From: https://ccl4illinois.com/ccw/Public/ISPFaq.aspx
How long will it take a citizen to obtain an Illinois Concealed Carry License?

Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format. (underlining added)

Paladin
01-25-2014, 2:11 PM
That's great the ISP made applications available before the 2014 Jan 05 deadline, but does anyone know when the ISP started/starts accepting applications?

From: https://ccl4illinois.com/ccw/Public/ISPFaq.aspx
How long will it take a citizen to obtain an Illinois Concealed Carry License?

Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format. (underlining added)Just a quick fyi update. Last week I saw an article that said ~13,000 CCW apps were cleared by ISP in the 1st week of Jan and that they were being sent to the local LEAs for up to 30 days of additional background cks. Since I assume most will be cleared at the local level too, there should be ~15,000 CCWers in IL by Valentine's Day (Feb 14th).

http://articles.chicagotribune.com/2014-01-08/news/chi-concealed-carry-illinois-20140107_1_applications-law-enforcement-local-police

fizux
01-27-2014, 2:15 AM
Just a quick fyi update. Last week I saw an article that said ~13,000 CCW apps were cleared by ISP in the 1st week of Jan and that they were being sent to the local LEAs for up to 30 days of additional background cks. Since I assume most will be cleared at the local level too, there should be ~15,000 CCWers in IL by Valentine's Day (Feb 14th).

http://articles.chicagotribune.com/2014-01-08/news/chi-concealed-carry-illinois-20140107_1_applications-law-enforcement-local-police
Let me know when you come across the imminent flood of news articles about the tens of thousands of people that will be killed during fender bender traffic arguments, the blood running in the streets, and all that doomsday stuff.

Paladin
02-01-2014, 5:36 AM
Let me know when you come across the imminent flood of news articles about the tens of thousands of people that will be killed during fender bender traffic arguments, the blood running in the streets, and all that doomsday stuff.While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?

fizux
02-01-2014, 12:58 PM
While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?
I heard a rumor about 5th hand that one had to go to pick up IRL, just to screw the out-of-staters a little harder; don't know if that is real though.

I know the CCW instructor at Front Sight (with UT, FL, etc.) had that as a hiccup in getting his IL instructor cert (when I went to renew my NV last fall).

Knomad
02-03-2014, 11:34 PM
While I think we'll have to wait a loooong time for news articles like that, I'm guessing the first IL's CCWs (for the early applicants (e.g., CCW instructors)), should be getting issued the coming week.

Anyone know if they are mailed to the applicant or do they go to the local LEA where they applied and pick them up?

Latest word is around mid-March for the first permits. Haven't seen anything about pickup, but who knows.

I was on the ISP site earlier this evening, and there is now one approved California instructor (in Solano County). Not that it does any good until/unless they allow us to apply. There's also an unresolved question about whether approved instructors need to obtain their own permit (which is currently not possible for out of state) by April 16 to stay on the list.

So maybe this means they'll eventually get around to adding California to the "substantially similar" list and allow non-resident applications. Only time will tell.

fizux
03-24-2014, 7:33 PM
OP updated with attorney fee motion machinations, new deadline is 5/5/2014 (non-merits / attorney fees).

Permits are being issued in IL!