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Judge Deems Illinois’ Public Transit Firearms Carry Ban As Unconstitutional

A spokesman for the Second Amendment Foundation explains why this is a huge win for private gun owners and those that practice Concealed-Carry.

For the longest time, Illinois has been a thorn in the side of private gun owners, putting together ban after ban in the hopes of stopping violent acts. However, one judge has deemed that they went too far with one particular rule.

U.S. District Judge Iain D. Johnston recently made a ruling on the state’s recent ban on carrying guns in public transportation and in transportation facilities, deeming it unconstitutional. What’s more, he cited the Supreme Court’s 2022 decision on the matter as further reasoning.

“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,” Johnston noted.

The Supreme Court initially noted a couple of years back that the government must demonstrate that certain measures – like this particular ban – must be 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 added.

Furthermore, he said that any arguments surrounding the Bruen test simply do not apply. “(I)ndividual rights isn’t nullified on public property.”

How Illinois will attempt to strike back, or modify certain rules with concealed-carry, has yet to be seen. But this is still a huge win for private gun owners and believers in the Second Amendment.

A spokesman for the Second Amendment Foundation joins us now to discuss the decision further.

Q&A:

  1. So why do some states like Illinois go so far to try and put gun ban rules in place in the first place? Are they really that concerned about violence that they aren’t considering other options, like the safety of concealed-carry?
  2. Why are there those that believe concealed-carry is a “bad” thing? Do they simply believe this will put more guns into the public, without realizing it could be the safest solution to “active shooter” situations?
  3. What are your personal thoughts on this decision? Does this indicate that some gun laws simply don’t hold up against the power of the Constitution?
  4. How will Illinois attempt to “strike back”? Will it come up with some new law that still curbs gun rights in some fashion?
  5. Could other states potentially learn from this decision? Or will they continue to try and push for gun bans as well?
  6. Where can we learn more about the Second Amendment Foundation?

a. You can visit our official website at http://www.saf.org.

Second Amendment Foundation spokespersons available to be your guest:

ABOUT MATT COFFEY, VICE PRESIDENT OF COMMUNICATIONS

Matt has more than 20 years of experience in the communications field, primarily in the nonprofit outdoor industry. His career has included positions with Ducks Unlimited, the National Wild Turkey Federation, and Sporting Classics Magazine. He has also held positions in mainstream print and broadcast media. Matt’s expertise lies in media relations and brand awareness through strategically targeted media campaigns.

ABOUT ADAM KRAUT, EXECUTIVE DIRECTOR

Adam brings almost a decade of experience in the Second Amendment realm as a litigator and educator. Throughout his career, Kraut has represented individuals, companies, and institutional plaintiffs in state and federal litigation and regulatory matters. In addition to his legal background, Kraut draws management experience from his time in the non-profit world, where he was responsible for overseeing the programmatic functions of a liberty-based non-profit, which concentrated on Second Amendment issues. He also managed a federal firearms licensee. Kraut comes with a variety of media experience, having written for publications such as Recoil magazine, Recoil Web, and other online publications, writing and hosting a YouTube series, hosting and appearing as guest on multiple podcasts, and appearing on television.

ABOUT CHRIS CHENG (In Pacific Time)

Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community; a former Google employee who went from self-taught amateur to pro shooter.

ABOUT CAM EDWARDS (In Eastern Time)

Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.

ABOUT MARK WALTERS (in Eastern Time):

Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.

ABOUT LEE WILLIAMS (In Eastern Time)

Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years. He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor to Ammoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer. 

ABOUT DAVE WORKMAN (In Pacific Time):

Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

CONTACT: Todd Baumann at 512-966-0983 or by email Jerry McGlothlin at bookings@specialguests.com.

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