(Patriot.Buzz) – In a major win for Second Amendment supporters, a federal judge has declared that Illinois’ restriction against carrying concealed firearms on public transportation is unconstitutional.
U.S. District Judge Iain D. Johnston made this ruling in response to a lawsuit brought forth by Illinois residents Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel and Douglas Winston.
These plaintiffs challenged the Firearm Concealed Carry Act’s prohibition of firearms on public transport such as buses, trains and their facilities, claiming it infringed on their rights to self-defense.
Agreeing with them, Judge Johnston found that this ban violated the Second Amendment for those with concealed-carry licenses.
This case is influenced by the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022).
Said ruling stated that firearm regulations must align with the historical tradition of firearm regulation in America.
In his decision, Johnston pointed out that Illinois had not shown any longstanding American tradition that would justify such a restrictive measure.
He emphasized that the right to bear arms extends beyond the home. He also dismissed the state’s argument that sought to compare modern public transport with historically regulated spaces as unconvincing.
Because of the ban, the plaintiffs had limited their use of public transportation to avoid criminal charges. Now, following Johnston’s ruling, they, along with other permit holders, can carry their firearms on public transportation without fear of prosecution.
However, the legal battle may not be over. Illinois Attorney General Kwame Raoul, also a defendant in this lawsuit, could choose to appeal the decision.
Furthermore, individual public transportation agencies might implement their own firearm restrictions, though these would not be under the umbrella of state law.
This decision has ignited a strong reaction from both sides of the gun control debate.
Proponents of the ruling see it as a validation of the right to self-defense, particularly crucial in areas where crime rates are high and public transportation is frequently used.
On the flip side, opponents raise concerns about the dangers of allowing firearms in densely populated and confined spaces such as buses and trains.
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