Federal judge rules Illinois’ concealed carry public transit ban unconstitutional

Lauren Taylor

A FEDERAL JUDGE RULED – IT’S UNCONSTITUTIONAL FOR THE STATE OF ILLINOIS TO PROHIBIT RESIDENTS WITH CONCEALED CARRY PERMITS FROM CARRYING ON PUBLIC TRANSPORTATION, CITING THE SUPREME COURT’S 2022 BRUEN DECISION.

THE RULING CURRENTLY APPLIES ONLY TO THE FOUR PLAINTIFFS WHO CHALLENGED THE LAW IN A 2022 LAWSUIT, ARGUING THAT THE BAN INFRINGED UPON THEIR second amendment RIGHT TO SELF-DEFENSE WHILE USING BUSES AND TRAINS.

THE BRUEN DECISION MANDATES THAT FIREARMS REGULATIONS BE EVALUATED USING THE TEST OF THE ‘HISTORICAL TRADITION OF FIREARM REGULATION,’ SETTING A NEW STANDARD FOR CONSTITUTIONAL SCRUTINY.

UNDER THIS NEW STANDARD, GOVERNMENTS MUST DEMONSTRATE THAT GUN CONTROL MEASURES ALIGN WITH U.S. HISTORICAL TRADITIONS, A REQUIREMENT THAT IS RESHAPING FIREARMS LEGISLATION NATIONWIDE.

U.S. DISTRICT JUDGE IAIN JOHNSTON MADE THE DECISION BASED ON EXAMINATION OF HISTORICAL RECORDS, CONCLUDING THAT THE STATE FAILED TO DEMONSTRATE A FOUNDING-ERA TRADITION OF FIREARM REGULATION THAT WOULD JUSTIFY PROHIBITING CONCEALED CARRY ON PUBLIC TRANSIT FOR PERMIT HOLDERS.

ILLINOIS ATTORNEY GENERAL KWAME RAOUL’S OFFICE IS PREPARING TO CHALLENGE THE RECENT RULING, INDICATING A LIKELY APPEAL TO THE SEVENTH CIRCUIT COURT OF APPEALS.

RAOUL’S OFFICE SAYS UNTIL THERE’S A FINAL DECISION – ILLINOIS RESIDENTS SHOULD CONTINUE TO ABIDE BY THE STATE’S CONCEALED CARRY LAW ON THE BOOKS.

FOR SAN, I’M LT..