Extension
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May 6th, 2013 at 8:13 pm
Please read the 10:29AM line:
The 180-day clock does not stop as a result of this extension.
May 6th, 2013 at 8:16 pm
Not quite an extension regarding enacting legal carry, but rather an extension to the time allowed to lodge an appeal.
According to AG Madigan: The 180-day clock does not stop as a result of this extension.
May 7th, 2013 at 7:48 am
This was a smart and nuanced decision by SCOTUS (and I never thought I’d be writing THAT sentence). The AG got a few weeks to decide whether to file an appeal, but unless the legislature passes something by June 9th all the residents of Madiganistan who have a FOID will be allowed to carry concealed that day.
In order to override Illinois’ “home rule” and provide statewide preemption, legislation needs to pass with a 3/5’s majority. We came within a few votes. The lousy “won’t issue” law did much worse.
If you live in Madiganistan, keep the pressure up and contact your legislators frequently. Be polite but clear that you won’t vote for anyone who won’t protect your civil rights. My shrub-cuddling Democratic state rep who was gerrymandered into a district has changed her tune based, I believe, on all of the feedback she’s received from her constituents.
May 7th, 2013 at 9:20 am
It isn’t a ruling by SCOTUS, per se. Kagan is the SCOTUS justice responsible for that circuit — she issued the extension on her lonesome.
Of course, this isn’t a “win” for Illinois residents — had she not issued the extension, Chicago’s appeal (let’s not kid ourselves about anything — AG Madigan is dancing to the tune of Chicago, not the state as a whole) would have been stillborn when they failed to act in time.
Now they have an additional six months for Bloomberg and Soros to buy them the best arguments to sway Kennedy (we know they can get four votes just by showing up with a blank piece of paper), and I’d be willing to bet the US Gov, courtesy of AG Holder and your tax dollars, will provide more cover fire for denying Illinois the right not to be victimized by Chicago’s lawless thug “government”.
May 7th, 2013 at 9:48 am
As a Southern Illinois and potential future Kentuckian, I am not optimistic about CCW. The game is rigged in this state and I just don’t see it happening. Whatever Madigan wants, Madigan gets. And all of these morons down here in Southern Illinois who voted for “Pro-gun” Democrats are fooling themselves. As long as the democRats keep electing Madigan Speaker of the House, they know they can say whatever they want in support of gun-rights, and they will be saved from having to vote on it by Madigan. There will be a May-Issue law passed that will be more stringent than New York or California’s.
May 7th, 2013 at 11:53 am
If the legislature does not come up with a solution before 9 June, then AG Madigan will appeal the decision and simultaneously request a “stay of mandate” – essentially setting aside the order until SCOTUS rules. The court will give it to her; this is not unusual when the federal court overturns a state law and the Supreme Court is considering a petition for cert. If the court were to turn down cert, the stay of mandate would be lifted and the ruling would take effect. If the court agrees to hear the appeal, then the stay will remain in place until the case is decided – likely June 2014.
IL will not turn into a free-carry state because of this order from the 7th Circuit. Far from it. It will not even close to resemble a “Constitutional Carry” state – because there are hundreds of municipalities who will be free to enact any damn rule they want. Chicago will make it a crime to think about carrying a gun without a permit that they alone can decide you will get. Break their laws, go to their jails. More courts. More mess.
The best solution IL has is a strong shall-issue bill, or a trip to the Supreme Court. In the latter case, that ruling goes away the moment the court takes the case.