Federal Court Upholds Illinois Firearm Ban on Public Transport

A federal appeals court has upheld a ban on carrying firearms in public transportation across Illinois. This ruling reverses a previous decision from a lower court which had deemed similar gun restrictions, enacted over a decade ago, unconstitutional under the Second Amendment.

The Seventh Circuit Court of Appeals announced its decision on Tuesday, with Judge Joshua Koller stating in the majority opinion that the ban aligns with long-standing practices that restrict firearms in sensitive and crowded areas.

Koller further explained that while the Second Amendment protects the right to self-defense, it doesn’t prevent lawmakers from adopting regulations traditionally accepted to keep public transport free from easily accessible firearms.

Last year, a U.S. District Court for the Northern District of Illinois sided with four plaintiffs who claimed restrictions on carrying firearms on public buses and trains violated their constitutional rights. The lower court referenced a 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association vs. Brune, which established stricter criteria for determining whether gun laws are constitutional. According to the district court, there was insufficient historical precedent justifying such limitations on public transport.

However, the Court of Appeals concluded that the firearm ban is constitutionally valid. They emphasized that the fundamental question is whether laws are consistent with the nation’s regulatory traditions, asserting that the law in question is in harmony with regulatory principles established since the nation’s founding.

The case, initiated by Illinois gun owners and supported by various gun rights organizations, is expected to be taken to the U.S. Supreme Court. The plaintiffs argue that the traffic restrictions do not adequately reflect the framework established by the Brune decision, while the 7th Circuit maintained that there is sufficient historical context to classify crowded public transport as “sensitive places.”

Illinois implemented the public transport firearm ban in 2013, making it the last state in the U.S. to permit concealed carry in public spaces.

In addition to barring firearms on public transit, the legislation also restricts gun possession in other public areas, including hospitals.

Judge Koller, appointed by former President Biden, was joined in the ruling by Judge Kenneth Ripple, appointed by former President Reagan. Judge Amy St. Eve, selected during Trump’s presidency, authored a separate concurring opinion, raising a question about jurisdiction that may impact future cases related to similar restrictions.