Illinois to appeal decision declaring transit concealed carry ban unconstitutional

The state of Illinois is appealing a ruling that the ban on carrying concealed firearms on public transit is unconstitutional.

The case Schoenthal v. Raoul, filed two years ago, challenges Illinois’ concealed carry law that carves out places like mass transit where people licensed to carry firearms concealed are prohibited from carrying. Late last month, a Northern District of Illinois federal judge sided with plaintiffs, saying the law violates the Second Amendment.

“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,” Judge Iain Johnston wrote late last month. “On the record before the Court in this case, Defendants have failed to meet their burden.”

Earlier this month, Gov. J.B. Pritzker said the law aims to keep people safe and a conservative judge is getting it wrong.

“And I’m hoping that it will be overturned along the way if it has to go all the way to the Supreme Court,” Pritzker said. “It will be disappointing if they uphold this [ruling].”

Pritzker said the appeal is up to Illinois Attorney General Kwame Raoul’s office.

“We’ll have to have some discussions about the best way forward in order to protect people as a result of that ruling,” Pritzker said.

A notice of appeal was filed Friday.

Plaintiff’s attorney David Sigale said the law is unconstitutional. He said when criminals know people may be armed, they may think twice.

“Because they know that if they do, the people that they’re victimizing might actually be able to defend themselves,” Sigale told The Center Square Monday.

Sigale urged people to not run afoul of the law while the case is being appealed.

“But the fact is that I think [the state of Illinois] would have a really tough time right now trying to justify how to enforce a law that a federal judge has told them is unconstitutional,” Sigale said.

The appeal will be handled by the Seventh Circuit U.S. Court of Appeals.