Shepard v. Madigan
734 F.3d 748
7th Cir.2013Background
- This is a sequel to Moore v. Madigan, which invalidated parts of Illinois gun law 720 ILCS 5/24-1 and 5/24-1.6 as to carrying a gun ready to use in public outside the home.
- The majority held the ban unconstitutional under the Second Amendment as interpreted in Heller and McDonald, with a stay to allow a new, reasonable regime.
- Illinois enacted the Firearms Concealed Carry Act (430 ILCS 66/1 et seq.) authorizing concealed carry licenses with several eligibility and training requirements.
- The new law requires 16 hours of training, age 21, FOID card, and other disqualifications; it is a concealed-carry regime (not open carry).
- The State Police were given 180 days to process license applications and 90 days to issue licenses; the mandate issued when the stay expired.
- The district court found mootness since the old law was repealed by the new law, but the court noted the old law remained enforceable until the new law’s implementation and license issuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness after replacement statute | Moore plaintiffs contend mootness is improper because old law remains enforceable during interim | State argues mandate permitted replacement law; interim regime not a violation | Affirmed |
| Interim relief against old law without new suit | Plaintiffs seek immediate relief for FOID holders to carry publicly before new law fully operates | No directive in mandate for such interim relief; need new suit | Affirmed |
| Scope of mandate and interim regime | Mandate required immediate relief during interim period | Mandate did not set interim-regime timelines beyond replacement law | Affirmed |
| Constitutionality of FOID-based interim carry requirement | FOID limitation accompanies interim carry; no challenge to FOID in home or outside | FOID framework remains permissible interim condition | Affirmed |
Key Cases Cited
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (invalidated Illinois gun-law provisions and prompted stay for new law; Second Amendment interpretation)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment protects an individual right to possess and carry weapons for self-defense)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (applied Heller to state and local governments)
- Log Cabin Republicans v. United States, 658 F.3d 1162 (9th Cir. 2011) (case on mootness when statute repealed or invalidated)