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Illinois Judge Rules Concealed Carry Ban on Public Transit Unconstitutional Amidst Chicago Shooting Aftermath

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Published on September 03, 2024
Illinois Judge Rules Concealed Carry Ban on Public Transit Unconstitutional Amidst Chicago Shooting AftermathSource: Daniel Schwen, CC BY-SA 4.0, via Wikimedia Commons

In a recent decision that's sparked a significant buzz, a federal judge in Illinois has struck down a state law barring individuals with concealed carry permits from bringing guns onto public transportation. According to CBS News, the ruling determined that the Illinois regulation contradicts Second Amendment rights.

Invoking a case from June 2022, U.S. District Judge Iain Johnston cited the precedent set by the Supreme Court in the New York State Rifle and Pistol Association v. Bruen to justify his decision. In doing so, Johnston stated that the state, including Illinois Attorney General Kwame Raoul who couldn't meet the burden, failed to prove that prohibiting the four plaintiffs named in the case from carrying concealed handguns onto the CTA and Metra adheres to a historical tradition of firearm regulation in America, as obtained by CBS News.

The judge highlighted that the law did not align with national historical standards of gun regulation required under the new Supreme Court directives, and therefore, could not stand. For the moment, Judge Johnston's ruling is specific to the individuals who brought the lawsuit forward and does not immediately overturn the statewide ban on concealed firearms on public transit.

The ruling was unveiled only days before a tragic shooting on a CTA Blue Line train, where a suspect -- after the police reviewed surveillance video footage -- was later taken into custody on a Pink Line train, four victims who appeared to have been sleeping at the time were found shot to death, as reported by CBS News. This incident has undoubtedly amplified the controversy surrounding the conversation about gun laws and public safety.

Meanwhile, referencing the same court case, Bloomberg Law reported that Judge Johnston rejected the state's argument that as a property owner, it could regulate what is brought onto its transit systems. The judge described this line of reasoning as “breathtaking, jawdropping, and eyepop-ping.” He emphasized that constitutional protections for individual rights shouldn't be disregarded on public property.

David G. Sigale, representing the plaintiffs, has made a mark with this litigation, challenging the norms of gun control as it relates to mobility and the fabric of public accessibility. On the other end, the Illinois Attorney General’s Office, which is defending the state's stance, now faces a pivotal decision on whether to appeal the judgment, a course of action that has yet to be officially announced.

Chicago-Transportation & Infrastructure