Judge Declares Illinois Public Transit Firearms Carry Ban Unconstitutional

A federal judge recently declared that the ban in Illinois on carrying firearms in public transportation and in transportation facilities is unconstitutional. This ruling was based on the Supreme Court's landmark decision in 2022.

Details of the Ruling

After a thorough review of the parties' filings and the historical record, as required by Supreme Court precedent, U.S. District Judge Iain D. Johnston found that the defendants failed to show an American tradition of firearm regulation at the time of the Founding that would allow Illinois to prohibit plaintiffs—who hold concealed-carry permits—from carrying concealed handguns for self-defense onto the CTA and Metra. These are two Chicago-area transportation systems. Johnston cited the Supreme Court’s decision, N.Y. State Rifle & Pistol Association v. Bruen, which declared a New York law unconstitutional. The decision stated that the ability to carry a pistol in public was a right guaranteed under the Second Amendment. It also suggested that the judiciary should evaluate future firearms regulations in light of the “historical tradition of firearm regulation.”

Applying the Supreme Court's Standard

According to the Supreme Court’s 2022 standard for determining whether firearms regulations fall under the Constitution, the government must demonstrate that the measure is within U.S. historical traditions. Johnston wrote that treating “any place where the government would want to protect public order and safety as a sensitive place casts too wide a net ... [and] would seem to justify almost any gun restriction.” He also rejected arguments by Illinois state attorneys that the Bruen test did not apply in this case because the state, which owns the property, can regulate what individuals bring onto its property. Johnston stated that “[I]ndividual rights isn’t nullified on public property.” He also noted that the Second Amendment only “protects against governmental—not private—intrusion on rights and liberties.”

Scope of the Ruling

The ruling applies only to the four named plaintiffs in the case, meaning that it did not strike down the gun ban in public transit in the state. The lawsuit was brought by three Chicago-area residents and one individual from DeKalb County who hold concealed carry licenses. The defendants in the case are Illinois Attorney General Kwame Raoul, DeKalb County State’s Attorney Rick Amato, DuPage County State’s Attorney Robert Berlin, Cook County State’s Attorney Kimberly Foxx, and Lake County State’s Attorney Eric Rinehart. In their 2022 filing, the plaintiffs argued that “because the public transportation carry ban prohibits persons from carrying a firearm while accessing public transportation, the ban severely restricts plaintiffs from exercising their right to self-defense outside of the home.”

Response from the Defendants

Raoul responded earlier this year in court papers saying that the plaintiffs did not sufficiently establish that restrictions on their ability to carry firearms on public transportation infringed on their Second Amendment rights. He also argued that the law is needed to protect public safety. His office wrote, “All this suit would achieve is shifting the nature of the criminal charge from one statute to another; the desired conduct would still be unlawful.”

Possible Appeal and Previous Legal Challenges

It’s not clear whether Raoul, Foxx, or the other defendants are planning an appeal of Johnston’s decision. Over the past few years, several legal challenges have been filed against Illinois’ gun laws. These include a law that was signed by Gov. JB Pritzker in January 2023 that banned what he describes as “assault weapons” such as AR-15-style rifles and a number of other semiautomatic firearms. In July, the Supreme Court decided not to take up a challenge to the law.

Bottom Line

This ruling is yet another development in the ongoing debate over gun control and Second Amendment rights. It underscores the complexity of the issue, as well as the varying interpretations of the Constitution and historical precedent. What are your thoughts on this ruling? Do you think it will have a significant impact on the ongoing debate over gun control? Share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.