Fed. Judge Rules Licensed Carry Ban on IL Public Transit Unconstitutional
A federal district court judge in Illinois has ruled that state’s ban on licensed concealed carry aboard public transit violates the Second Amendment in a case supported by the Second Amendment Foundation (SAF). The case is known as Schoenthal v. Raoul.
In a 50-page decision, U.S. District Judge Iain D. Johnston, a Donald Trump appointee in the Northern District of Illinois, Western Division, granted declaratory relief to the four plaintiffs — Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel and Douglas Winston — who brought their lawsuit in an effort to carry concealed firearms on Metra and on Metra’s real property. In addition, Vesel and Winston also secured relief for riding on CTA (Chicago Transit Authority) and being on CTA property.
SAF was joined by the Firearms Policy Coalition in financially supporting the plaintiffs. Plaintiffs are represented by attorney David Sigale of Wheaton, Ill.
Defendants are Illinois Attorney General Kwame Raoul and State’s Attorneys Rick Amato (DeKalb County), Robert Berlin (DuPage County), Kimberly M. Foxx (Cook County) and Eric Rinehart (Lake County), all in their official capacities. In his ruling, the judge dismissed claims against Amato and Rinehart. The ruling applies to Raoul, Foxx and Berlin as it applies to Schoenthal. The ruling applies to Raoul and Foxx as it applies to Wroblewski, Vesel and Winston.
“This is a significant victory for legally armed Illinois residents who rely on public transit,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It is important that the court recognized Cook County Attorney Foxx’s argument that the ban was legal because Illinois is acting as a property owner was ‘breathtaking, jaw dropping and eyepopping,’ and that wasn’t a compliment. It demonstrates how far government will reach in an attempt to justify its effort to restrict Second Amendment rights.”
“This is one more step in SAF’s mission to win firearms freedom, one lawsuit at a time,” added SAF Executive Director Adam Kraut. “Illinois was attempting to perpetuate an indefensible policy of public disarmament, and Judge Johnston’s ruling brings that to a halt.”
For more information, visit saf.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.