Last week, the National Rifle Association (NRA) filed an amicus brief supporting the plaintiffs in the case against the Illinois prohibition on concealed carry on public transportation.

Schoenthal v. Raoul is before the Seventh Circuit Court of Appeals, and it seeks to end the statewide ban.

The prohibition applies to all Metra commuter trains in Greater Chicago, buses and trains operated by the Chicago Transit Authority, and amenities such as parking lots that are part of the transit system. 

Understand that the law does not entirely ban guns and ammo on buses and trains. However, these items must be unloaded and secured to be legally possessed on public transportation.

In other words, useless for self-defense.

The NRA’s filing notes that there is no historical precedent for prohibiting firearms on public transportation as is required by the U.S. Supreme Court’s Bruen decision.

Also, public transit systems are not “sensitive places” as legally defined. These include schools and courthouses but not trains and buses.

A federal judge ruled last September that these restrictions are unconstitutional in a case brought by four permit holders against the state law.

U.S. District Judge Iain D. Johnston wrote, “The Court finds that Defendants have failed to meet their burden. That failure is dispositive.”

The “burden” was in meeting the Bruen standard. Despite Cook County and the state’s repeated assertions, the attempt to present historical precedent for the modern gun control law fell flat.

Government attorneys tried to present laws from the Founding Era to support the current statute, but Johnston determined that they did not sufficiently correlate with modern law. 

The sheer vulnerability of passengers on these systems cries out for the need to freely exercise the right to keep and bear arms. After all, numerous recent headlines spotlighted the actions of violent criminals targeting innocent passengers with little or no protection.

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