A federal appeals court has upheld Illinois’ ban on carrying firearms on public transit, reversing a previous ruling that deemed the restrictions unconstitutional under the Second Amendment.
A federal appeals court has affirmed Illinois’ prohibition on carrying firearms on public transit, overturning a lower court decision that found the gun restrictions unconstitutional. The Seventh Circuit U.S. Court of Appeals issued its ruling on Tuesday, with Judge Joshua Kolar writing for the majority. He stated that the ban “is comfortably situated in a centuries-old practice of limiting firearms in sensitive and crowded, confined places.”
Judge Kolar emphasized that the Second Amendment protects an individual’s right to self-defense but does not prevent lawmakers from enacting regulations that ensure public transportation systems remain free from accessible firearms. “We are asked whether the state may temporarily disarm its citizens as they travel in crowded and confined metal tubes unlike anything the Founders envisioned,” he noted. The court drew on historical regulatory traditions to determine that the ban does not violate the Second Amendment.
Last year, the U.S. District Court for the Northern District of Illinois ruled in favor of four plaintiffs who argued that the restrictions on carrying guns on public buses and trains were unconstitutional. This decision was influenced by a 2022 U.S. Supreme Court ruling in the case of New York State Rifle & Pistol Association, Inc. v. Bruen, which established a new standard for assessing the constitutionality of gun restrictions. The district court found that there was no historical precedent to justify the transit gun restrictions.
However, the appeals court concluded that the ban is constitutionally valid. “Our concern is whether the law aligns with the nation’s tradition,” the majority opinion stated. “We hold that [the law] is constitutional because it comports with regulatory principles that originated in the Founding era and continue to the present.” The case, initiated by several Illinois gun owners and supported by gun rights organizations, is anticipated to be appealed to the U.S. Supreme Court.
The plaintiffs contended that the transit restrictions contradicted the Supreme Court’s 2022 Bruen decision. Nonetheless, the Seventh Circuit maintained that the state had demonstrated a sufficient historical basis for designating crowded public transport as a “sensitive place.” The firearm ban on public transit was enacted in 2013, making Illinois the last state in the U.S. to permit concealed carry in public.
In addition to prohibiting firearms on buses and trains, the legislation also restricts gun possession in hospitals and other public areas. Judge Kolar, appointed by President Joe Biden, was joined in the majority opinion by Judge Kenneth Ripple, who was appointed by former President Ronald Reagan. Judge Amy St. Eve, selected by President Donald Trump, wrote a separate concurring opinion, addressing a complex jurisdictional question regarding how to evaluate claims of injury related to the inability to engage in protected activities.
The Associated Press contributed to this report.
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