Illinois Attorney General Lisa Madigan's petition to the 7th Circuit U.S. Court of Appeals on the concealed carry decision has been denied.
Capitol Fax is reporting that the AG's request for an en banc, or hearing from all of the judges of the court, was not granted (PDF). Four of the panel's ten judges, David F. Hamiliton, Ilana Diamond Rovner, Diane P. Wood, and Ann Claire Williams, dissented.
Judge Hamilton wrote the following in his dissent (PDF):
First, extending the right to bear arms outside the home and into
the public sphere presents issues very different from those involved
in the home itself, which is all that the Supreme Court decided
in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v.
City of Chicago, 130 S. Ct. 3020 (2010). I will not repeat the debate
in the panel opinions reviewing the historical and empirical
evidence, for that debate was, in the majority’s view, essentially
dicta. The core of the panel majority’s reasoning is that because
there is a need for self-defense outside the home as well as in,
Heller and McDonald should extend to public carrying of loaded firearms.
Moore v. Madigan, 702 F.3d 933, 935-38 (7th Cir. 2012). The logic has
some appeal, but its simplicity overlooks qualitative differences between a private home and public streets and buildings that must be
considered as we try to interpret Heller and McDonald. See
Kachalsky v. County of Westchester, 701 F.3d 81, 94 (2d Cir. 2012).
so many public settings, carrying and using firearms present lethal
risks to innocent bystanders. Yet when people go about their daily
lives in public places, they have no choice about whether to consent to
the dangers posed by firearms in public. We can all choose whether to
visit homes where firearms are present.
To illustrate the dangers posed
by lawful use of firearms in public, consider a deadly confrontation
on the streets of New York City in August 2012, when police confronted
an armed man who had just shot and killed another man. The police
officers were well trained in both how to shoot and when to shoot and
not shoot. The officers fatally shot the gunman, but the officers’
many shots also wounded nine bystanders.
The AG made the request after a panel of three judges from the 7th Circuit ruled the state's concealed carry law as unconstitutional, adding that the state must create a law allowing citizens to carry concealed weapons in public by June.
Madiagn's next step, if she so chooses, is to appeal to the U.S. Supreme Court.