Plaintiffs weigh steps after appeals court upholds transit concealed carry ban

By Greg Bishop | The Center Square
The Center Square

(The Center Square) – Plaintiffs in a case challenging the prohibition of concealed carry on Illinois mass transit are reviewing their options after an appeals court reversed a lower court’s decision and upheld the law.

The district judge in the case Shoenthal v. Raoul found the law prohibiting individuals with concealed carry licenses from carrying concealed firearms on mass transit was unconstitutional. The Seventh Circuit U.S. Court of Appeals reversed the lower court and found the prohibition is in line with historical tradition of firearms regulations.

“Ultimately, under Bruen’s test, we are not concerned with whether the government has demonstrated a compelling interest in regulating firearms on public transit,” the appeals court ruling said. “Maybe Illinois has made a good policy choice, maybe not. Our concern is whether the law aligns with the nation’s tradition. We hold that 430 ILCS 66/65(a)(8) is constitutional because it comports with regulatory principles that originated in the Founding era and continue to the present.”

Plaintiffs’ attorney David Sigale said they disagree with the appeals court decision.

“And we are disappointed by that opinion and we are weighing our options for further review,” Sigale told The Center Square.

There could be a request for the full appeals court to review the case, or an appeal to the U.S. Supreme Court.

“I wouldn’t be surprised if the high court were to address this issue and at least a couple of different circumstances,” Sigale said. “We’ve seen a much more interested court in the last couple years on Second Amendment issues and with the number of petitions that are almost sure to come before it, I can see the court taking the opportunity to address some of these.”

Last month, plaintiffs in a case challenging Cook County’s ban on semi-automatic firearms appealed to the U.S. Supreme Court, after the Seventh Circuit upheld the county ordinance.

Separately, the case challenging the state’s gun ban is set to be heard by the appeals court later this month. The district judge in that case ruled the law unconstitutional.