Federal Judge Rules Public Transportation Gun Ban Unconstitutional
As we have previously covered, there has been a flurry of litigation when it comes to Illinois’ gun laws at both the state and federal level, as advocates on both sides of the issue continue to push their own respective agendas. Recently, a federal judge in the Northern District of Illinois ruled in Schoenthal v. Raoul, that the state law that bans anyone, including those that are licensed concealed carry (“CCL”) holders, from bringing their firearms onto public transportation is a violation of the Second Amendment right to defend themselves. The plaintiffs, all CCL holders, alleged that their rights were violated because “They don’t use public transportation as much as they would like because of the statute’s threat of criminal prosecution for carrying a concealed firearm on public transportation,” specifically while riding the Chicago Transit Authority (“CTA”) trains/buses and/or Metra trains. Relying on the United States Supreme Court decision in Bruen, the judge found that the state was unable to meet its burden of proving that there were sufficient historical analogous laws that existed at the time of the passing of the Second Amendment to support such a ban on regulating firearms on public transportation. While the ruling is confined to only the four individuals who brought the suit against the Illinois Attorney General and various county level state prosecutors, the ruling will undoubtedly invite more challenges by individuals seeking a similar exemption and will likely need to be litigated at the appellate level, if not the United States Supreme Court itself, to prevent disproportionate treatment of similarly situated individuals and to understand potential limits of a state’s ability to regulate firearm possession and where individuals can/cannot bring them.
Illinois Firearms Licensing Body Touts Improvements as State Legislature Weighs Changing Guidelines
Brendan Kelly, the director of the Illinois State Police (“ISP”), recently highlighted the modern, streamlined system for reviewing Firearm Owners Identification (“FOID”) card applications which allowed law enforcement to clear a backlog of applications that had accumulated over recent years. In Illinois, in order for someone to legally possess or purchase a firearm or ammunition, they have to first apply to the ISP to receive a FOID card that will make sure they are not ineligible to own a firearm under state law. Although cards are supposed to be processed within 60 days of the application, it was revealed in 2020 that there were heavy backlogs and that there were over 145,000 pending FOID applications that were taking 121 days on average to be processed. The new streamlined system fixed the issue to the point that, “The FOID backlogs are virtually near zero” said Kelly, which also allows the ISP more time to investigate “clear and present danger reports” for revoking or denying an individual’s FOID status more easily with the system. Still, some lawmakers are seeking to enhance the requirements for those seeking to own a firearm, and have introduced a bill that would amend the law to mandate any Illinois resident undergo eight hours of mandatory training and additional background checks in order to obtain a FOID card. The legality of such a law, should it pass, would undoubtedly receive pushback from Second Amendment advocates and be subject to numerous court challenges before any law could take effect. And it would likely be unconstitutional. It is important that anyone currently accused of a crime involving allegations of improper or illegal possession of a firearm is represented by an experienced criminal defense attorney who understands the law and its limitations and is in a position to help protect your constitutional rights and freedom.
