Illinois Court Overturns Concealed Carry Ban: Major Changes for Gun Rights

In a groundbreaking ruling, an Illinois court has declared the state’s ban on concealed carry in public transit unconstitutional, raising significant debates over the Second Amendment and public safety.

At a Glance

A federal judge ruled the ban on concealed carry in public transit unconstitutional.
The ruling challenges Illinois’ concealed carry law based on historical precedent.
The decision follows the Supreme Court’s Bruen case test.
Legislative and judicial impacts are expected in the broader context.

Federal Judge’s Ruling and Details

A federal judge in Rockford, Illinois, has ruled that prohibiting concealed carry permit holders from carrying guns on public transportation is unconstitutional. The ruling that challenges a section of Illinois’ concealed carry law emerged from a 2022 lawsuit filed by four individuals who argued that the state violated their Second Amendment rights.

The decision is based on a constitutional interpretation that demands gun laws align with the historical context of the late 18th century, when the Second Amendment was crafted. This principle was reinforced by the 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen.

Judge Iain Johnston found the state’s evidence for a historical tradition of firearm regulation inadequate. Without precedent from the Founding era to justify the prohibition, Illinois’ restriction on concealed carry in transit was deemed to fail the test.

Implications and Reactions

This decision currently applies only to the four plaintiffs involved in the lawsuit. However, its broader implications may affect all concealed carry license holders in Illinois, as the court’s analysis suggests a potential statewide impact.

The law remains in effect for others as Illinois Attorney General Kwame Raoul explores an appeal. Governor JB Pritzker has expressed his hope that the ruling will be overturned, citing the necessity of maintaining safety on public transportation.

A federal judge has ruled that an Illinois law banning the concealed carry of firearms on public transit is unconstitutional.https://t.co/sjIY8wPQLr

— FOX Illinois (@foxillinois) September 4, 2024

The Broader Context of Gun Laws

Illinois was the last state to approve concealed carry in 2013, after a U.S. Court of Appeals ruling. Since then, the state’s laws have included several restrictions, including prohibitions on carrying guns in public transportation. This latest ruling could prompt significant legislative adaptations and further legal challenges, particularly given the rising concerns about crime on Chicago’s public transit.

“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 onto the CTA and Metra,” Judge Iain D. Johnston wrote.

This decision joins a series of legal contests over Illinois gun laws, including a challenge to the state’s assault weapons ban. As these cases proceed, gun owners are advised to comply with current concealed-carry provisions until final judgments are reached.