Moore v. Madigan
2012 U.S. Dist. LEXIS 12967
C.D. Ill.2012Background
- Plaintiffs challenge Illinois UUW (720 ILCS 5/24-1) and AUUW (720 ILCS 5/24-1.6) as applied to carrying firearms in public as violating the Second Amendment.
- Plaintiffs seek a preliminary and/or permanent injunction; Defendants Madigan and Grau move to dismiss.
- Court recognizes Heller and McDonald; identifies core Second Amendment right as possession in the home for self‑defense and cautions against extending beyond the home.
- Reports on firearms control were admitted as evidence and considered relevant to the constitutional scrutiny of the statutes.
- Injunction motion and implied constitutional challenge are adjudicated first; court denies injunction and grants motion to dismiss.
- Court concludes UUW/AUUW do not infringe the Second Amendment and pass intermediate scrutiny, or at minimum survive constitutional scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do UUW/AUUW violate the Second Amendment as applied to carrying outside the home? | Moore argues right to carry publicly exists under Heller/McDonald. | Madigan/Grau contend only home-right recognized; public-carry not protected. | No violation; statutes survive scrutiny; injunction denied. |
| Is there a general Second Amendment right to bear arms outside the home? | Plaintiffs claim broad carry right beyond home. | Defendants argue the right is limited to home-bearing per Heller/McDonald. | Court endorses home-based core right; outside-home right not secured by controlling precedent. |
| If such a right exists, do UUW/AUUW survive intermediate scrutiny? | Challenge would fail under any scrutiny due to rights violation. | Statutes serve public safety and pass intermediate scrutiny. | Yes; statutes survive intermediate scrutiny; likelihood of success on merits lacking. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (limits Second Amendment right to home; acknowledges regulation outside home)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (incorporates Second Amendment right to states)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (heightened scrutiny where core right corollary is burdened; firing-range ban analyzed)
- U.S. v. Skoien, 614 F.3d 638 (7th Cir. 2010) (intermediate scrutiny upheld firearm-prohibition statute)
- Kachalsky v. Cacace, 817 F. Supp. 2d 235 (S.D.N.Y. 2011) (NY handgun licensing not invalidated by Heller; proper cause standard)
- Piszczatoski v. Filko, 840 F. Supp. 2d 824 (D.N.J. 2012) (state handgun permit law upheld; no general right to carry publicly)