Michael Moore v. Lisa Madigan
2012 U.S. App. LEXIS 25264
| 7th Cir. | 2012Background
- Illinois bans carrying a ready-to-use gun outside the home with limited exceptions for police, hunters, target shooters, and property owners.
- Certain public-carriage provisions prohibit loaded, uncased, immediately accessible guns in public; exceptions apply for on-property, in-home, or in fixed business locations.
- Two nearly identical suits challenged the law as violating the Second Amendment under Heller and McDonald, after district courts dismissed for lack of public-carry right.
- The Seventh Circuit held the Second Amendment covers self-defense outside the home, rejected the district court reasoning, and reversed.
- The court ordered declarations of unconstitutionality and permanent injunctions, but stayed the mandate for 180 days to allow Illinois to craft a new law with reasonable limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Illinois public-carry ban violate the Second Amendment as applied to self-defense outside the home? | Illinois (plaintiffs) | Illinois | Yes; unconstitutional, remanded |
| Should historical analysis extend Heller/McDonald to public-carry outside the home? | Plaintiffs rely on history to support public-carry | Illinois relies on historical limits | Public-carry outside home not clearly protected; ban struck down |
| What remedy is appropriate given the constitutional ruling? | Declarations of unconstitutionality and injunctive relief | Maintain statutory framework or permit partial regulation | Remanded for declarations and injunctions; mandate stayed 180 days |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes an individual right to keep and bear arms for self-defense)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (incorporates Heller to apply to the states)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (empirical and historical considerations in Second Amendment challenges)
- Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. 2012) (proper cause licensing framework outside the home; public-carry historical inquiry)
- United States v. Skoien, 614 F.3d 638 (7th Cir. 2010) (strong showing required for gun bans; evidentiary standard)
- United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011) (places where bans may apply and deference to legislative judgments)
- United States v. Chester, 628 F.3d 673 (4th Cir. 2010) (context for public carry restrictions and Second Amendment scope)
- District of Columbia v. Heller, 554 U.S. 570, 556 U.S. 1 (not applicable) (not used)