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Illinois Judge Deems Concealed Carry Ban On Transit Unconstitutional

 September 4, 2024

In a landmark ruling, U.S. District Judge Ian D. Johnston declared Illinois' prohibition of concealed firearms on public transportation a violation of Second Amendment rights. This decision marks a critical point in the ongoing national debate over gun control and individual rights.

The case, Schoenthal v. Raoul, ended with a decision that challenges a significant section of Illinois’ firearm regulations, Breitbart reported.

Plaintiffs Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston filed the lawsuit, arguing that the state’s ban infringed upon their constitutional rights to self-defense. They received support from powerful legal groups, including the Second Amendment Foundation and the Firearms Policy Coalition, known for their advocacy in gun rights cases.

Illinois' Concealed Carry Laws Under Scrutiny

Under the Illinois Firearm Concealed Carry Act, the law prohibits carrying firearms openly statewide. The act allows the concealed carrying of handguns in most public spaces but explicitly excludes public transportation. This exclusion has stirred controversy, affecting many daily commuters in Illinois, especially in densely populated areas like Chicago.

Judge Johnston based his decision on the 2022 Bruen decision, a recent precedent that refined the judicial standards for evaluating gun control measures. He identified inconsistencies in applying these standards to the Illinois ban on concealed carry on public transit, which he found constitutionally unjustifiable.

Legal Perspectives on Public Safety and Rights

During the proceedings, State’s Attorney of Cook County, Kimberly Foxx, defended the ban as a necessary measure for public safety. However, Judge Johnston found Foxx’s framework for the ban to contradict the Bruen decision’s guidelines.

Judge Johnston remarked, "Finally, and decisively, whatever is true elsewhere in the law, Ms. Foxx’s proposed framework contradicts Bruen, which rejects the relevance of place to the threshold question of whether certain conduct is covered by the Second Amendment." This statement underscored the ruling’s grounding in recent judicial precedent regarding Second Amendment rights.

Reacting to the decision, Alan Gottlieb of the Second Amendment Foundation highlighted the extremity of the opposing argument, saying, “The court recognized Cook County Attorney Foxx’s argument that the ban was legal because Illinois is acting as a property owner was ‘breathtaking, jaw-dropping and eye-popping,’ and that wasn’t a compliment.” His response emphasizes the significant implications of the ruling for gun legislation and constitutional rights advocacy.

Implications for Illinois and Beyond

The ruling has broader implications beyond just the plaintiffs involved, potentially affecting the rights of millions of public transport users in Illinois who wish to carry firearms for self-defense. It also sets a precedent that could influence other states with similar bans or proposed legislation regarding weapons on public transportation.

This legal victory for gun rights advocates may inspire further challenges to gun control laws across the United States, especially in urban settings where reliance on public transportation is high.

As this decision unfolds, legal experts and policymakers will need to navigate the complex interaction between ensuring public safety and protecting constitutional rights, a balance central to the American legal and political landscape.

Looking ahead, this case may prompt legislative revisions at both the state and possibly federal levels as lawmakers respond to the evolving judicial landscape surrounding gun control and Second Amendment rights.