The Firing Line Forums - View Single Post - Illinois Ban on Carry Ruled Unconstitutional (See Page 7)

62coltnavy · March 15, 2013, 01:18 AM

AG Madigan is waiting to see what the Legislature and the Governor do first. If a law is passed, that will moot the case and no appeal will be necessary. She can afford to wait. As I understand it, since the final opinion/ injunction of the circuit Court will not issue until June, her time to petition for cert will not start to run until then. If no law is passed, she will file for cert and request an immediate stay from SCOTUS of an injunction issued by the lower court. I don't know whether that will create a timing problem as somewhere n there is when the SCOTUS ends its session, and that may effect whether she will even be able to get a stay--the justices tend to flee DC to farflung parts about then. It will be interesting to watch developments.

Also remember that the injuction, should it issue, is not the end all be all for concealed carry in Illinois. It will simply preclude the state from enforcing the current absolute ban--the state always has the option of passing a carry law at a later time, but there will just be a period of "anarchy" (what others would call freedom) until it does. The other side of the political equation, however, is that the Legislature has enough votes to pass a shall issue bill, defeat a may issue bill, and maybe, just maybe, have enough votes to overcome a veto by the Governor. They were only two votes shy last year.

Since I have no crystal ball, I will just have to wait out the next few months with everybody else!

March 15, 2013, 01:18 AM	#433
62coltnavy Senior Member Join Date: February 1, 2011 Posts: 356	AG Madigan is waiting to see what the Legislature and the Governor do first. If a law is passed, that will moot the case and no appeal will be necessary. She can afford to wait. As I understand it, since the final opinion/ injunction of the circuit Court will not issue until June, her time to petition for cert will not start to run until then. If no law is passed, she will file for cert and request an immediate stay from SCOTUS of an injunction issued by the lower court. I don't know whether that will create a timing problem as somewhere n there is when the SCOTUS ends its session, and that may effect whether she will even be able to get a stay--the justices tend to flee DC to farflung parts about then. It will be interesting to watch developments. Also remember that the injuction, should it issue, is not the end all be all for concealed carry in Illinois. It will simply preclude the state from enforcing the current absolute ban--the state always has the option of passing a carry law at a later time, but there will just be a period of "anarchy" (what others would call freedom) until it does. The other side of the political equation, however, is that the Legislature has enough votes to pass a shall issue bill, defeat a may issue bill, and maybe, just maybe, have enough votes to overcome a veto by the Governor. They were only two votes shy last year. Since I have no crystal ball, I will just have to wait out the next few months with everybody else!