Court Issues Ruling in Public Transit Concealed Carry Case

An Illinois court has ruled in favor of four gun owners who sued over their inability to concealed carry on public transportation.

At a Glance

A federal judge ruled it unconstitutional for Illinoisans with concealed carry permits to be prohibited from carrying guns on public transportation.
The ruling stems from a 2022 lawsuit by four individuals claiming the prohibition violated their Second Amendment rights.
The decision is based on a constitutional test established by the 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen.
Illinois’ concealed carry law, effective since 2014, includes restrictions on carrying guns in various public places, including public transportation.

Constitutional Victory for Concealed Carry Holders

A federal judge has ruled that an Illinois law banning the concealed carry of firearms on public transportation is unconstitutional.

The ruling was handed down by Judge Iain Johnston, who stated that the state failed to demonstrate a historical tradition of firearm regulation to support the prohibition. This decision arises from a 2022 lawsuit filed by four individuals, arguing that the prohibition violated their Second Amendment rights. The judge’s decision is grounded in the legal precedent set by the 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen.

Illinois law banning concealed carry on public transit is unconstitutional, judge rules https://t.co/p8jgEsNHJE

— The Associated Press (@AP) September 4, 2024

Historical Consistency in Gun Laws

Judge Johnston relied on a pivotal 2022 U.S. Supreme Court case that established that gun laws must be consistent with conditions in the late 1700s when the Bill of Rights was composed. This test for gun laws requires them to be historically consistent with 18th-century laws, making any contemporary restrictions subject to scrutiny for historical alignment.

This ruling notably affects the state’s concealed carry law, which has been in effect since 2014 and includes restrictions on carrying guns in various public places, including public transportation. Though the technical impact of Johnston’s decision is still unclear, the analysis and ultimate declaration of unconstitutionality could potentially apply to any CCL holder on public transportation in the state, according to the lawyer for the plaintiffs.

Legal Implications and Future Impact

Currently, Johnston’s ruling applies only to the four plaintiffs involved in the lawsuit. Plaintiffs’ attorney David Sigale has advised concealed carry license holders to continue following the law until the judgment is final.

However, Illinois Attorney General Kwame Raoul is reviewing the decision and may appeal. Governor JB Pritzker also criticized the ruling and expressed hope that it would be overturned. This ruling might have broader implications amid rising crime concerns on Chicago’s public transportation systems.