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Old December 13, 2012, 11:18 AM   #280
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
There has been some misconceptions voiced in many other gun forums, and somewhat here also. Allow me to clear up those misconceptions on points of the law, as it applies in these cases.

The Federal Rules of Appellate Procedure (FRAP) apply to every circuit court.

In those rules there is a 14 day window, from the day the panel decision is posted (as "published" or "unpublished") to file a motion for en banc consideration and/or a motion for the panel to reconsider (usually both motions are made in the same filing).

In the present case (Moore/Shepard), the State has until Dec. 26th to file for en banc. Christmas being a holiday, is excluded from the count. If Lisa Madigan does not file for en banc consideration, then the 90 day clock for filing a petition for cert continues, as it started at the same time. That clock runs out on March 11th (excluding Xmas and New Years), if I have counted correctly.

Allow me to further clarify a point of law that some are misconstruing. As it stands, the law in IL is not yet unconstitutional. The panel made the following order (emphasis added):

Quote:
The Supreme Court’s interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions.
This means that the cases go back to the District Courts, and the panel orders them to declare the law(s) unconstitutional and enter a permanent injunction. But the panel then added a caveat to those orders:

Quote:
Nevertheless we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.
So, at the end of this 180 day period, the District Courts will take up the cases and issue their individual declarations and permanent injunctions.

Then and only then, will the law become unconstitutional.

The IL Legislature can, in the meantime, repeal and/or amend the existing law to comply with the Circuit Court's mandate. This will have the affect of mooting the cases. Unless...

They do what Chicago did in Ezell. I don't see this happening, but one never knows.
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