A U.S. District Judge ruled on Friday that Illinois’ ban on concealed carry for self-defense on public transportation infringes upon the Second Amendment.
The judge, Ian D. Johnston, issued his opinion in Schoenthal v. Raoul.
The plaintiffs in the case—Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston—argued that the ban infringes on their Second Amendment rights.
The case brought by Schoenthal, Wroblewski, Vesel, and Winston received support from the Second Amendment Foundation and the Firearms Policy Coalition.
Judge Johnston noted:
In Illinois, openly carrying firearms is unlawful. Under the Firearm Concealed Carry Act, an individual with a concealed-carry license may generally carry a concealed handgun in public….This general permission, however, does not extend to a list of prohibited areas, including public transportation.
He referenced the Bruen decision from 2022, highlighting that it established a framework for analyzing and evaluating gun control measures.
Johnston cited opinions from Kimberly Foxx, the State’s Attorney of Cook County, who supported the ban.
He then emphasized that, ultimately, Ms. Foxx’s proposed framework contradicts the Bruen decision, which dismisses the importance of location when determining if specific conduct is protected by the Second Amendment.
He ultimately ruled that “the Firearm Concealed Carry Act’s ban on carrying concealed firearms on public transportation, as defined in the statute…violates the Second Amendment,” as applied to the plaintiffs.
Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, described the ruling as a “significant victory.”
He criticized Cook County Attorney Foxx’s argument that the ban was legal because Illinois was acting as a property owner, calling it “breathtaking, jaw-dropping, and eye-popping”—not as a compliment.
Gottlieb argued that this reflects the extent to which the government will go to justify its efforts to restrict Second Amendment rights.
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