Navigating public transportation systems in large metro areas can be a dangerous proposition, and concealed carry permit holders can hardly be blamed for exercising their constitutional rights while using this mode of transit.
Illinois officials, however, deemed the presence of armed and law-abiding citizens a threat and thus disarmed the public on buses and rails.
It was no wonder that two gun rights advocacy groups, the Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC), along with four private gun owners, fought the law in court.
Illinois confirmed concealed carry rights in 2013, but exclusions such as public arenas, hospitals, buses and trains were included. Now the current state leadership and Chicago lawmakers make every effort to undermine this freedom.
On Friday, Federal Judge Iain D. Johnston determined that the Illinois law did not pass constitutional muster and ruled against it.
Johnston detailed his ruling, which was primarily based on the U.S. Supreme Court’s landmark Bruen decision in 2022. “After an exhaustive review of the parties’ filings and the historical record, as required by Supreme Court precedent, the Court finds that 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 on the CTA and Metra.”
Incredibly, controversial Cook County District Attorney Kim Foxx’s (D) office attempted to justify the state ban by claiming that Illinois was the “property owner” of public transit.
As a property owner, attorneys argued, the state has the right to erase Second Amendment rights from those who would carry concealed weapons.
SAF founder and Executive Vice President Alan M. Gottlieb issued a press release describing Foxx’s position as “breathtaking, jaw-dropping and eye-popping.” He added, “It demonstrates how far government will reach in an attempt to justify its effort to restrict Second Amendment rights.”
SAF Executive Director Adam Kraut explained, “Illinois was attempting to perpetuate an indefensible policy of public disarmament, and Judge Johnston’s ruling brought that to a halt.”
Unfortunately, Johnston’s ruling only affects the four individual plaintiffs, not the scores of concealed carry holders under Illinois law. The statute remains in place for the near future, but precedent now exists for a possible injunction prohibiting enforcement of the controversial law across the state.
Illinois officials quickly responded to the setback.
Gov. J.B. Pritzker (D) noted his displeasure with the ruling but is confident the ban on concealed carry on public transit will survive. He accused many judges of not understanding public safety and claimed to support gun rights.
Pritzker said, “And you know, we still believe in the Second Amendment. It’s part of the Constitution that you have rights as a result of the Second Amendment, but there are limitations to that. I mean, just to give one example, the right to bear arms, it’s not the right to carry a shoulder-fired missile.”
Of course, no one is arguing for citizens to be permitted to carry shoulder-fired missiles on public transit or anywhere else. This extreme and misguided example is a far cry from concealed carry rights that the state itself recognizes — albeit with severe restrictions.
Furthermore, the law against concealed carry accomplishes nothing to prevent the lawless from being armed on public transit. It is the good people who are disarmed, as they are the only segment of the public to follow the law.
Attorney General Kwame Raoul (D) announced through a spokesperson that the state will decide on a response to the ruling, which will likely be an appeal.
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