As reported by the Chicago Tribune, a federal judge in Rockford, Illinois has ruled that a portion of the state's concealed carry law is unconstitutional.
The ruling on September 3, 2024 specifically addresses the prohibition of concealed carry permit holders from carrying firearms on public transportation. This decision stems from a lawsuit filed in 2022 by four Illinois residents who claimed the restriction violated their Second Amendment rights. The news was
U.S. District Judge Iain Johnston, appointed by former President Donald Trump in 2020, based his ruling on a constitutional test established by the U.S. Supreme Court in 2022. This test requires gun laws to be historically consistent with those from the 18th century when the Second Amendment was written. The judge found that the defendants, including Illinois Attorney General Kwame Raoul and Cook County State's Attorney Kim Foxx, failed to demonstrate a historical tradition that would justify the prohibition.
Implications For Illinois Concealed Carry Law
Illinois was the last state to adopt a concealed carry law in 2013. The law included several restrictions on where permit holders could carry firearms, including government buildings, stadiums, hospitals, and public transportation. This recent ruling specifically addresses the public transportation aspect of the law.
The plaintiffs' attorney, David Sigale, welcomed the decision but noted that its full impact remains unclear. While the ruling technically applies only to the four plaintiffs, Sigale suggested that its analysis and declaration of unconstitutionality could potentially apply to any concealed carry license holder using public transportation in Illinois.
However, Sigale advised concealed carry permit holders to continue following the current law until the judgment is final and its broader applicability is clarified. This cautious approach aims to prevent potential legal issues for permit holders.
Government Response And Public Safety Concerns
The office of Attorney General Kwame Raoul stated that they are reviewing the decision and will likely appeal. They emphasized that the court's decision is currently limited to the four named plaintiffs in the case.
Governor JB Pritzker expressed disappointment with the ruling, referring to it as a "misguided decision." He defended the existing law, stating that it has been effective in keeping people safe. Pritzker hopes the ruling will be overturned, even if it requires going to the Supreme Court.
The governor said:
Well, unfortunately many of the conservative judges who've been appointed have misunderstood what it means to uphold public safety and we still believe in the Second Amendment. It's part of the Constitution. You have rights as a result of the Second Amendment. But there are limitations to that.
Crime Concerns And Recent Incidents On Public Transportation
The ruling comes at a time when crime on public transportation in Chicago has been a growing concern. According to city officials, there have been 626 instances of violent crime reported on the CTA through August 27, 2024, an increase from 547 in the same period last year.
Just days before the ruling, a tragic incident occurred on the CTA Blue Line in suburban Forest Park, where four people were found shot to death. This mass shooting happened less than a week after the transit agency announced an AI-based program designed to quickly notify police when guns are detected at CTA train stations.
These recent events have heightened the debate surrounding public safety on public transportation and the potential impact of allowing concealed carry on buses and trains.
Conclusion
The federal judge's ruling on Illinois' concealed carry law has significant implications for gun rights and public safety in the state. While currently limited to four plaintiffs, the decision could potentially affect all concealed carry permit holders using public transportation. The state government plans to appeal the ruling, citing public safety concerns. As the legal process unfolds, the debate over balancing Second Amendment rights with public safety measures continues, particularly in light of recent crime incidents on public transportation.
