A federal judge has ruled that a section of Illinois' concealed carry law, which prohibits permit holders from carrying guns on public transportation, is unconstitutional.
According to the Chicago Tribune, the decision was made by U.S. District Judge Iain Johnston in Rockford, Illinois. The ruling comes as a result of a 2022 lawsuit filed by four individuals who argued that the law violated their Second Amendment right to self-defense.
The lawsuit cited the landmark 2022 case, New York State Rifle & Pistol Association v. Bruen, which established a new constitutional standard requiring gun laws to be consistent with historical precedents.
Judge Johnston noted that the defendants, including Illinois Attorney General Kwame Raoul and Cook County State's Attorney Kim Foxx, failed to provide evidence of an American tradition of firearm regulation that would justify the ban on public transportation. The judge ruled that historical laws cited by the defendants were not applicable to the plaintiffs' argument about self-defense rights.
The defendants ... failed to meet their burden 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.
The plaintiffs' attorney, David Sigale, welcomed the ruling but advised permit holders to continue following the law until the broader applicability of the ruling is clarified. Attorney General Raoul's office indicated that they are reviewing the decision and will likely appeal.
Governor JB Pritzker criticized the ruling, stating that many conservative judges have misunderstood what it means to uphold public safety while respecting the Second Amendment.
Well, unfortunately many of the conservative judges who’ve been appointed have misunderstood what it means to uphold public safety and we still believe in the Second Amendment. It’s part of the Constitution. You have rights as a result of the Second Amendment. But there are limitations to that.
The ruling comes at a time when Chicago's crime rates have been a concern, particularly on public transportation. According to city officials, there have been 626 instances of violent crime reported on the CTA this year, up from 547 in the same period last year.
The defendants attempted to cite historical laws, including a nearly 700-year-old law, to justify the prohibition. However, the judge ruled that these laws did not serve as appropriate historical analogs to the plaintiffs' argument.
The judge also rejected arguments made by Cook County State's Attorney Kim Foxx, who claimed that the government has a right of exclusion similar to that of private property owners.
Johnston described this argument as "breathtaking, jawdropping, and eyepopping," stating that government ownership of property does not exempt it from constitutional protections.
In summary, a federal judge in Rockford, Illinois, has ruled that Illinois' concealed carry law cannot prohibit permit holders from carrying guns on public transportation. The ruling, based on a 2022 lawsuit, argues that the law violates the Second Amendment right to self-defense. The plaintiffs' attorney welcomed the ruling, while the Illinois Attorney General's office indicated it will likely appeal. The decision comes amid concerns about crime on Chicago's public transportation system and is part of a broader legal landscape involving challenges to Illinois gun laws.
