In a significant legal victory for Second Amendment advocates, a federal judge has ruled that Illinois' ban on carrying concealed firearms on public transportation is unconstitutional, marking a pivotal moment in the ongoing debate over gun rights in the state, Breitbart reported.
The ruling, issued by U.S. District Judge Iain D. Johnston, comes in response to a lawsuit by four Illinois residents who argued that the state's Firearm Concealed Carry Act unfairly restricts their right to self-defense. The judge agreed, ruling the ban violates the Second Amendment rights of citizens who hold concealed-carry permits.
The case, filed by plaintiffs Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston, challenged the provision of the Firearm Concealed Carry Act that prohibits carrying firearms on any form of public transportation, including buses, trains, and related facilities. The plaintiffs argued that the ban infringed upon their constitutional right to bear arms, particularly as they had valid concealed-carry licenses.
Judge Johnston's decision follows the precedent set by the Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022), which emphasized that any regulation restricting the bearing of arms must be consistent with the historical tradition of firearm regulation in the United States. In his ruling, Johnston noted that the state failed to demonstrate an American tradition of such regulations that would support the prohibition.
The judge highlighted that the right to carry firearms for self-defense is not limited to the home and that there is no historical basis for banning the carrying of firearms on public transportation. He stated that the state's arguments, which attempted to draw parallels between modern public transportation and historical regulations, were unconvincing.
The plaintiffs in the case had refrained from using public transportation as much as they would have liked due to the threat of criminal prosecution under the ban. With the ruling, they and other concealed-carry permit holders can now carry firearms on public transportation without fear of legal repercussions.
Despite the ruling, the case could still see further legal challenges. Illinois Attorney General Kwame Raoul, who was one of the defendants in the case, has the option to appeal the decision. Additionally, public transportation agencies may still enforce their own restrictions on carrying firearms, although these would be separate from state law.
The decision has sparked a significant response from both gun rights advocates and those in favor of stricter gun control. Supporters of the ruling argue that it affirms the right to self-defense, especially in high-crime areas where public transportation is often used. Critics, however, express concern about the potential safety risks of allowing firearms in crowded and confined spaces like buses and trains.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
© 2025 Newsmax. All rights reserved.