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Moore v. Madigan
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Moore v. Madigan : ウィキペディア英語版
Moore v. Madigan

''A primary plaintiff in this case, Michael Moore, is not to be confused with the filmmaker and social critic of the same name.''
''Moore v Madigan'' (USDC 11-CV-405-WDS, 11-CV-03134; 7th Cir. 12-1269, 12-1788) is the common name for a pair of cases decided in 2013 by the U.S. Court of Appeals, 7th Circuit, regarding the constitutionality of the State of Illinois' no-issue legislation and policy regarding the carry of concealed weapons. The plaintiffs, Michael Moore, Mary Shepard and the Second Amendment Foundation, sought an injunction against Illinois attorney general Lisa Madigan, Illinois Governor Patrick Quinn, and other named defendants, barring them from enforcing two key provisions of the Illinois Statutes prohibiting public possession of a firearm or other weapon.
The case was initially dismissed by the Illinois Federal District Court, but a 3-judge panel of the 7th Circuit reversed, and an en banc rehearing was declined by the full Circuit. Madigan and other named Defendants were considering an appeal to the United States Supreme Court prior to July 2013, but the legal case became mooted once the Illinois legislature passed a ''shall issue'' concealed carry law that month.
==Background==
Illinois State Statutes §720 ILCS 5/24-1 and §720 ILCS 5/24-1.6 define the crimes of "Unlawful Use of Weapons" and "Aggravated Unlawful Use of Weapons". In part, they state that a person commits a gross misdemeanor when he knowingly "Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm . . . or . . . Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm...". The offense is a Class 4 felony for a first offense and a Class 2 felony thereafter under the "Aggravated" variation if, at any time, the weapon possessed by the person was uncased and either loaded or with the ammunition "immediately accessible". Coupled with lack of exemption based on a carry permit, the like of which does not exist in Illinois, the Statutes effectively prohibit all forms of defensive weapons carry by private citizens.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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