Federal Judge Rules Against Illinois Law Barring Firearm Carry on Public Transit

Last updated on September 7th, 2024 at 08:41 am

A federal judge, on Aug. 30, ruled that an Illinois law barring people from carrying firearms on public transit violates the Second Amendment of the U.S. Constitution.

The ruling focused on Illinois’ Firearm Concealed Carry Act. The 2013 legislation allowed public carry of firearms, but with several limitations for carrying in public areas, including on public transit systems. Gun rights advocates challenged the law in a September 2022 complaint, citing the June 2022 U.S. Supreme Court case of New York State Rifle Pistol Association v. Bruen.

In Bruen, the Supreme Court’s majority held that, “When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” Since Bruen, many courts evaluating gun control measures have looked for historical analogues to determine if said regulations pass constitutional muster.”

Judge Iain Johnston, of the U.S. District Court for the Northern District of Illinois, concluded carrying firearms on public transit systems for the intent of self defense “falls within the presumptive ambit of the Second Amendment.” Johnston, an appointee of President Donald Trump, further ruled that the state had failed to identify sufficient historical analogs to support their limitations on public firearm carry.

At one point, Johnston admonished Cook County State’s Attorney Kimberly Foxx’s arguments that state and local governments have a proprietary right to bar public firearm carry like private property owners do. He called Foxx’s assessment “breathtaking, jawdropping, and eyepopping” and “untenable” with prior Supreme Court precedents.

Johnston granted a declaratory judgement that the Illinois law, as it relates to carrying concealed firearms on public transportation, violates the Second Amendment of individual plaintiffs Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston.

Still, Johnston passed on plaintiff requests for injunctive relief to broadly bar the state from enforcing this section of law. The judge concluded his declaratory judgement would sufficiently address the plaintiff’s complaints.

“Plaintiffs’ injuries trace back to the threat of enforcement from some of the defendants, so either an injunction or a declaration would redress that injury, regardless of potential injuries inflicted by nonparties. So, Plaintiffs have satisfied the redressability requirement of standing,” Johnston wrote.

The Firearms Policy Coalition (FPC), a gun rights advocacy group that supported the challenge to the Illinois law, said the plaintiffs are evaluating options going forward. The gun rights group said the state is also expected to appeal the decision.

“This is a significant victory for legally armed Illinois residents who rely on public transit,” Second Amendment Foundation (SAF) founder and Executive Vice President Alan M. Gottlieb said in a Sept. 3 press release.

SAF had partnered with FPC to challenge the Illinois concealed carry law.

“This is one more step in SAF’s mission to win firearms freedom, one lawsuit at a time,” SAF Executive Director Adam Kraut added. “Illinois was attempting to perpetuate an indefensible policy of public disarmament, and Judge Johnston’s ruling brings that to a halt.”