Illinois Judge Deems Public Transit Gun Ban Unconstitutional
A federal judge in Illinois has ruled that banning concealed firearms on public transportation violates the Second Amendment. The decision, based on a 2022 Supreme Court case, may face an appeal.
In a recent ruling, a federal judge in Illinois has determined that the state's prohibition on concealed firearms in public transportation is unconstitutional. This decision, made by U.S. District Judge Iain D. Johnston in Rockford, stems from a lawsuit filed by four gun owners in 2022.
The ruling relies heavily on a significant 2022 U.S. Supreme Court case, likely New York State Rifle & Pistol Association, Inc. v. Bruen, which established that contemporary gun laws must align with conditions prevalent during the late 18th century when the Bill of Rights was drafted. Notably, no regulations existed at that time regarding where weapons could be carried.
Illinois, which became the final state to sanction concealed carry in 2013, had established various locations where firearms were prohibited, including public transit systems. This ban was part of the Illinois Concealed Carry Act, which outlined 23 categories of gun-free zones and mandated 16 hours of training for license holders - the most stringent requirement nationwide.
Attorney General Kwame Raoul, who has held office since 2019, is contemplating an appeal. Through a spokesperson, Raoul advised gun owners to continue adhering to current concealed-carry provisions, as Judge Johnston's ruling presently applies only to the four plaintiffs involved in the lawsuit.
"Until there's a final judgment in the matter, gun owners should continue to abide by concealed-carry provisions."
This case highlights the ongoing national debate surrounding gun rights and public safety. As of 2023, approximately 4% of Illinois' adult population possessed an active concealed carry license. The state's public transportation system, including the Chicago Transit Authority - the second-largest in the nation - could be significantly impacted by this ruling.
It's worth noting that Illinois does not currently allow "constitutional carry," which permits carrying a handgun without a permit. The state's journey to legalizing concealed carry has been complex, with the 2013 law passed after a federal appeals court struck down the previous ban on carrying concealed weapons.
As this legal battle unfolds, it remains to be seen how it will affect the balance between Second Amendment rights and public safety concerns on Illinois' public transportation systems.
