Friday, May 3, 2013

SCOTUS grants a 30-day extension to Illinois AG to file 'conceal and carry' writ

SCOTUS grants a 30-day extension to Illinois AG to file 'conceal and carry' writ, The United States Supreme Court (SCOTUS) today has granted the Attorney General of Illinois a 30-day extension to "file a petition for a writ of certiorari from May 23, 2013 to June 24, 2013." The application for delay to file a petition of certiorari was signed by President Obama's appointment and former advisor, Justice Elena Kagan. The application was filed by Illinois Attorney General Lisa Madigan on April 26, 2013 and was today granted to the Illinois AG.

The conservative United States Court of Appeals for the Seventh Circuit, had ruled that the state of Illinois must enact a "conceal and carry law by June 9, 2013 by the Illinois state legislature. An appeal could further delay this deadline for the state of Illinois.

Illinois Attorney General Lisa Madigan released a statement published by Rich Miller's Capitol Fax. "The extension allows for additional time to prepare a draft petition to allow the Attorney General to make a final decision on whether to seek cert, as the legislature continues to work toward the June 9 deadline set by the 7th Circuit Court of Appeals. The 180-day clock does not stop as a result of this extension. It also doesn’t delay or impact when the case might be considered by the U.S. Supreme Court, if the Attorney General ultimately decides to seek cert."

It is uncertain at this point exactly what this means. This extension granted by Justice Elena Kagan does not stop the June 9 deadline imposed by the United States Court of Appeals for the Seventh Circuit, meaning the legislature still has to come up with a concealed-carry law. However, Illinois Attorney General Lisa Madigan could change this if her office does decide to appeal the 7th Circuit.

The legislation comes down to downstate lawmakers favoring a "shall issue" law that would require the state to issue a concealed-carry permit to anyone who meets prescribed requirements. Chicago-area lawmakers generally favor a "may issue" law that would be more strict, and would give Chicago-area officials the authority to deny permits. State Senator Kwame Raoul has a proposal that would require applicants to be of "good moral character" and have "proper reason" to obtain a permit to carry a concealed weapon.

One thing is certain. This issue is not a done deal for either side and spiking the ball in the end zone would be premature. Illinois State Rifle Association Executive Director Richard Pearson said that "in my opinion it does nothing." Sounds like the ISRA is already spiking the ball.

Send John Presta an email and your story ideas or suggestions to johnpresta@att.net.

John is the author of an award-winning book, the 2010 Winner of the USA National Best Book award for African-American studies, published by The Elevator Group Mr. and Mrs. Grassroots: How Barack Obama, Two Bookstore Owners, and 300 Volunteers did it. Also available an eBook on Amazon. John is also a member of the Society of Midland Authors and is a book reviewer of political books for the New York Journal of Books. John has volunteered for many political campaigns.

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