A federal district court judge in Illinois has ruled that state’s ban on licensed concealed carry aboard public transit violates the Second Amendment as applied to four plaintiffs in a case supported by the Second Amendment Foundation. 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.
In the midst of his detailed ruling, Judge Johnston offered a reminder what the Second Amendment, and indeed the entire Bill of Rights, is all about.
“State Defendants present restrictions by railroad companies across the country in the late 19th century,” he writes. “Some of these restrictions merely required that passengers keep their firearms unloaded and in their bags, while others barred firearms completely. Plaintiffs respond that these railroad companies were private entities the restrictions aren’t relevant under Bruen, that the restrictions aren’t old enough, and that the restrictions aren’t sufficiently widespread.
“The Court,” he added, “agrees that the private nature of these restrictions defeats State Defendants’ attempt to show a national tradition that would support the Concealed Carry Act’s prohibition. The Second Amendment protects against governmental—not private—intrusion on rights and liberties.”
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.
According to WIFR News, Illinois State Sen. Andrew Chesney said after the judge’s ruling “he – and any permit holders – could bring their guns onto buses and trains across the state.”
He and other lawmakers expect the state to appeal.
“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.”
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