A federal judge in Illinois has overturned a portion of that state’s concealed-carry law, citing, in part, the landmark decision New York State Rifle & Pistol Association v. Bruen (2022).
In the case Schoenthal v. Raoul, Judge Iain Johnston of the U.S. District Court for the Northern District of Illinois ruled that the provision of the law banning the concealed carry of firearms on public transportation is unconstitutional.
In his ruling, Judge Johnston used the two-part standard set by the U.S. Supreme Court in Bruen—whether the law violates plaintiffs’ Second Amendment-protected rights, then whether there is a historical tradition of such regulation from the founding era.
“This action has been properly brought before this Court—despite the disputes over venue and standing, the parties can’t escape the Court,” the ruling stated. “The parties also can’t escape that this case requires navigating the murky waters of Bruen. Plaintiffs’ proposed conduct—carrying concealed handguns on public transit for self-defense—falls within the presumptive ambit of the Second Amendment, shifting the burden to Defendants to show that the Firearm Concealed Carry Act’s ban falls within the historical tradition of firearm regulation in this country.”
The judge said, however, that despite having ample opportunity, the Illinois government wasn’t able to meet the second Bruen standard.
“On the record before the Court in this case, Defendants have failed to meet their burden,” the ruling stated.
Of course, anti-Second Amendment politicians in the Prairie State, who have never accepted the Bruen ruling, were not happy with the recent decision.
“Unfortunately, many of the conservative judges who have been appointed have misunderstood what it means to uphold public safety,” Gov. J.B. Pritzker (D) said at a public appearance after the ruling. “It will be disappointing if they uphold this but I’m hopeful that the law that was passed in Illinois a number of years ago that’s done a lot to keep people safe will be upheld.”
For now, the ruling applies only to the four plaintiffs who brought the lawsuit—Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston. Pending a ruling that addresses the law as it applies to other gun owners, the provisions of the law challenged in this case continue to apply.
Attorneys for the state have yet to announce whether they intend to appeal the decision.
The latest action in Illinois is just one of several instances where so-called “sensitive-place” laws—many passed by anti-gun-rights state governments in response to the Bruen ruling—have been found unconstitutional. Following the ruling, New York, New Jersey, and Maryland all passed laws that effectively considered those entire states to be “sensitive places.”
Since then, however, courts have repeatedly ruled that such restrictions don’t pass muster under Bruen; in fact, since that ruling, bans ranging from carry in post offices to “sensitive places” bans in Maryland, New Jersey, and California have been overturned.
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