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Judge Rules Illinois Public Transit Firearms Carry Ban Unconstitutional Login/Join 
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A federal judge recently ruled that Illinois’s ban on carrying guns in public transportation and in transportation facilities is unconstitutional, citing the Supreme Court’s 2022 landmark decision.

“After an exhaustive review of the parties’ filings and the historical record, as required by Supreme Court precedent, the Court finds that Defendants failed to meet their burden to show an American tradition of firearm regulation at the time of the Founding that would allow Illinois to prohibit Plaintiffs—who hold concealed-carry permits—from carrying concealed handguns for self-defense onto the CTA and Metra,” U.S. District Judge Iain D. Johnston wrote in his Aug. 30 opinion, referring to two Chicago-area transportation systems.
The judge was cited the Supreme Court’s decision, N.Y. State Rifle & Pistol Association v. Bruen, which found a New York law unconstitutional and that the ability to carry a pistol in public was a right guaranteed under the Second Amendment. The decision also said that, in future decisions, the judiciary should evaluate firearms regulations in light of the “historical tradition of firearm regulation.”

Under the Supreme Court’s 2022 standard for seeing whether firearms regulations fall under the Constitution, the government must demonstrate that the measure is within U.S. historical traditions.

Treating “any place where the government would want to protect public order and safety as a sensitive place casts too wide a net ... [and] would seem to justify almost any gun restriction,” Johnston wrote.

He also rejected Illinois state attorneys’ arguments that the Bruen test did not apply in this case because the state, which owns the property, can regulate what individuals take onto its property.


Further, he added that the court found that the Second Amendment only “protects against governmental—not private—intrusion on rights and liberties.”

His ruling applies only to four named plaintiffs in the case, meaning that it did not strike down the gun ban in public transit in the state.

The lawsuit was brought by three Chicago-area residents and one individual from DeKalb County who hold concealed carry licenses, according to court papers.
The defendants in the case are Illinois Attorney General Kwame Raoul, DeKalb County State’s Attorney Rick Amato, DuPage County State’s Attorney Robert Berlin, Cook County State’s Attorney Kimberly Foxx, and Lake County State’s Attorney Eric Rinehart.

In their 2022 filing, the plaintiffs argued that “because the public transportation carry ban prohibits persons from carrying a firearm while accessing public transportation, the ban severely restricts plaintiffs from exercising their right to self-defense outside of the home.”
“This directly violates the Second and Fourteenth Amendments to the United States Constitution as held by the U.S. Supreme Court” in the Bruen and other ruling, they wrote.

Raoul had responded earlier this year in court papers saying that the plaintiffs did not sufficiently establish that restrictions on their ability to carry firearms on public transportation infringed on their Second Amendment rights. He also argued that the law is needed to protect public safety.
“All this suit would achieve is shifting the nature of the criminal charge from one statute to another; the desired conduct would still be unlawful,” his office wrote.

The Epoch Times has contacted David Sigale, the plaintiffs’ attorney, as well as Raoul’s office for comment on the ruling. It’s not clear whether Raoul, Foxx, or the other defendants are planning an appeal of Johnston’s decision.

Over the past few years, several legal challenges have been filed against Illinois’ gun laws, including a law that was signed by Gov. JB Pritzker in January 2023 that banned what he describes as “assault weapons” such as AR-15-style rifles and a number of other semiautomatic firearms. In July, the Supreme Court decided not to take up a challenge to the law.

https://www.theepochtimes.com/...aPWpP0KzNNvIGHRtg%3D


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Posts: 8724 | Location: 18 miles long, 6 Miles at Sea | Registered: January 22, 2012Reply With QuoteReport This Post
Told cops where to go for over 29 years…
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They just did similar shit “legislation” in WA state. No weapons at “transit facilities” even if you have a CPL.

That means on the bus or train, standing at a bus stop, or in a lock box in your vehicle at the park and ride lot.



This, of course, is to make us “safer”.


Now google “attack Seattle bus light rail” and you will see a plethora of folks who didn’t get the memo and proceeded to shoot, stab, hammer, and bludgeon their fellow public transportation patrons.



Bout as effective as everything else insleeze has done to us. I can’t wait to get the hell out of here as soon as possible.


Maybe, if we’re lucky, this will get reversed in 10 years or so. How many folks will be killed or injured while being unable to defend themselves during that time?






What part of "...Shall not be infringed" don't you understand???


 
Posts: 11227 | Location: Western WA state for just a few more years... | Registered: February 17, 2006Reply With QuoteReport This Post
I Am The Walrus
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I remember when Illinois got concealed carry and how many said the state would make it difficult and expensive to get a permit. But others were thinking the long game, pass concealed carry now and chip away at the bullshit barriers the state has put up.


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Posts: 13311 | Registered: March 12, 2005Reply With QuoteReport This Post
Like a party
in your pants
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quote:
Originally posted by Edmond:
I remember when Illinois got concealed carry and how many said the state would make it difficult and expensive to get a permit. But others were thinking the long game, pass concealed carry now and chip away at the bullshit barriers the state has put up.


There is a lot of chipping that needs to be done.
Since first time infractions carry only misdemeanor charges I chose to carry WHENEVER I feel I need to do so. On public transportation inside Chicago, I definitely would feel the need to protect myself, probably more so than any other place.
 
Posts: 4697 | Location: Chicago, IL, USA: | Registered: November 17, 2002Reply With QuoteReport This Post
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quote:
Originally posted by armored:

...On public transportation inside Chicago, I definitely would feel the need to protect myself, probably more so than any other place.


Blue Line shooting: No provocation before masked shooter opened fire, source says

Rhanni S. Davis, of Chicago, charged with four counts of first-degree murder in connection with Monday's shooting

Updated: Sep 3, 2024 / 10:09 PM CDT

FOREST PARK, Ill. — The shooter who opened fire on sleeping commuters aboard a Chicago Transit Authority Blue Line train on Monday morning was wearing a mask when he approached his victims, WGN Investigates has learned. There was no provocation before the gunfire, WGN is told.

While the shooter was masked during the shooting, surveillance cameras later recorded him without it. The suspect was detained about 90 minutes after the shooting on a Pink Line train at the California stop, authorities said...

Complete article:

https://wgntv.com/news/traffic...-blue-line-shooting/
 
Posts: 16019 | Location: Eastern Iowa | Registered: May 21, 2000Reply With QuoteReport This Post
אַרְיֵה
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On December 22, 1984, Bernhard Goetz shot four youths on a New York City Subway train in Manhattan after they allegedly tried to rob him.



הרחפת שלי מלאה בצלופחים
 
Posts: 31442 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
I Am The Walrus
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quote:
Originally posted by armored:
There is a lot of chipping that needs to be done.
Since first time infractions carry only misdemeanor charges I chose to carry WHENEVER I feel I need to do so. On public transportation inside Chicago, I definitely would feel the need to protect myself, probably more so than any other place.


The politicians know that, they just don't care. What they will do, along with cooperation from the liberal media, will keep the law abiding living in fear. The local government will make the law abiding think that only the government can protect them but the majority of the voting populace is too brainwashed to realize the government is part of the problem, not solution.

I was in Chicagoland back in May, lots of those stupid signs saying no concealed carry. I'm pretty sure those signs didn't work... Wink


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Posts: 13311 | Registered: March 12, 2005Reply With QuoteReport This Post
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quote:
Originally posted by Edmond:

I was in Chicagoland back in May, lots of those stupid signs saying no concealed carry. I'm pretty sure those signs didn't work... Wink

The Petco in DeKalb had the anti-gun sign on their door when I stopped to pick up an order of cat food a few weeks ago, so I left my pistol in the glovebox. A couple days later I got one of those "How did we do?" e-mails from Petco, and I blasted them. Gave them a bad rating and explained why. Haven't been back since, and won't go back at all.

In this area, anti-gun signs are rare.


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Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.
-- H L Mencken

I always prefer reality when I can figure out what it is.
-- JALLEN 10/18/18
 
Posts: 9379 | Location: Illinois farm country | Registered: November 15, 2008Reply With QuoteReport This Post
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Picture of downtownv
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quote:
Originally posted by V-Tail:
On December 22, 1984, Bernhard Goetz shot four youths on a New York City Subway train in Manhattan after they allegedly tried to rob him.


The famous quote was used against him in court. "You don't look so bad, have another." (Round)


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Posts: 8724 | Location: 18 miles long, 6 Miles at Sea | Registered: January 22, 2012Reply With QuoteReport This Post
Like a party
in your pants
Picture of armored
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It seems I see fewer NO GUN signs posted in Chicago businesses than 10 years ago.
In IL. a business that does not want guns in there establishments must clearly post a OFFICIAL State approved sign in clear sight at the entrance.

I thought that this was a good sign that businesses were changing there minds on allowing CCW in there establishments. On further thought it could be that businesses are replacing there shattered windows at a frequency that that they cant keep up with new signs to affix to the new windows.
Maybe Velcro backed signs?
 
Posts: 4697 | Location: Chicago, IL, USA: | Registered: November 17, 2002Reply With QuoteReport This Post
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