Posted on May 16, 2012
Case Information: Moore v. Madigan, No. 12-1269, & Shepard v. Madigan, No. 12-1788 (7th Cir., filed May 16, 2012).
At Issue: Challenging Illinois’ laws prohibiting the possession of a firearm outside the home on the person or in a vehicle. Moore and Shepard involve Second Amendment challenges to Illinois statutes that prohibit the carrying of firearms in most places outside a person’s home, and that prohibit the carrying of a gun in a vehicle or on the person while uncased, loaded and immediately accessible.
LCPGV’s Brief: Our brief argues that: 1) carrying firearms outside the home for self-defense is not within the scope of the Second Amendment; and 2) even if possessing firearms in public is considered within the scope of Second Amendment protection, Illinois’ bans on carrying guns in public and within vehicles are constitutional under the Amendment. The brief was joined by the City of Chicago, Major Cities Chiefs Association, Board of Education of the City of Chicago, and the Chicago Transportation Authority.