Judge Rules Illinois Public Transit Firearms Carry Ban Unconstitutional

The Epoch Times Header

The state โ€˜failed to meet their burden to show an American tradition of firearm regulation at the time of the Founding,โ€™ he wrote.

A federal judge recently ruled that Illinoisโ€™s ban on carrying guns in public transportation and in transportation facilities is unconstitutional, citing the Supreme Courtโ€™s 2022 landmark decision.

โ€œAfter an exhaustive review of the partiesโ€™ 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 Plaintiffsโ€”who hold concealed-carry permitsโ€”from carrying concealed handguns for self-defense onto the CTA and Metra,โ€ U.S. District Judge Iain D. Johnston wrote in his Aug. 30 opinion, referring to two Chicago-area transportation systems.

The judge cited the Supreme Courtโ€™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 โ€œhistorical tradition of firearm regulation.โ€

Under the Supreme Courtโ€™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 โ€œany 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,โ€ Johnston wrote.

He also rejected Illinois state attorneysโ€™ 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.

โ€œ[I]ndividual rights isnโ€™t nullified on public property,โ€ he wrote.

Further, he added that the court found that the Second Amendment only โ€œprotects against governmentalโ€”not privateโ€”intrusion on rights and liberties.โ€

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.

Byย Jack Phillips

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Beijing and Moscow Double Down on Propping Up Tehran, Threaten to Give It Nukes

As anyone who understands how these things unfold could...

The Looming Threat To Our Homeland

After success of โ€œOperation Midnight Hammer,โ€ where U.S. military bombed Iranian nuclear facilities, the threat to America has never been greater.

Trumpโ€™s Bold Strike on Iran: A Necessary Move for Global Securityย 

Trumpโ€™s airstrikes on Iranโ€™s nuclear facilities have been hailed as a courageous and necessary action to safeguard American interests and global stability.

Groundhog Day came late this year to the Land of Smiles.

itโ€™s the same rigmarole, on whatever pretext, the army commandeers the Thai state with vague promises to restore democracy at some unspecified future date.

Resource number one

Russia has an unsustainable birthrate worsened by mortality rate of Russian males through war and alcoholism. One solution, steal young children from other countries.ย 

Boeing, FAA Share Blame for Door Panel Flying Off During Alaska Airlines Flight: NTSB

The sudden midair door panel blowout on Alaska Airlines flight last year stemmed from failures by Boeing, its supplier Spirit AeroSystems, and the FAA.

RFK Jr. Says Pregnant Women Can Get COVID-19 Vaccine If They Choose To

Pregnant women can get COVID-19 vaccines, even after CDC stopped recommending shots during pregnancy, Sec. RFK, Jr. told members of Congress.

Texas Governor Signs Law Requiring Warning Labels on Some Foods

Texas is requiring companies to add warning labels to some foods, under the Texas MAHA legislation bill signed into law by Gov. Greg Abbott.

21.8 Million US Seniors Paying for Expenses With Only Social Security Income: Survey

An estimated 21.8 million senior citizens in America make ends meet solely using their social security funds, The Senior Citizens League (TSCL) said.

Trump Arrives in Netherlands for NATO Summit, With Defense Spending High on Agenda

President Donald Trump arrived in Amsterdam on Tuesday to attend the NATO summit, which is being held in The Hague from June 24 to 25.

Major Victory for Trump Administration and the American People on Deporting Criminal Illegal Aliens to Third Countries

Supreme Court decision allows DHS to deport criminal illegal aliens who are not wanted in their home country to third countries who've agreed to accept them.

No Changes Planned for FDAโ€™s Vaccine Advisory Committee โ€˜At This Timeโ€™: Spokesperson

There are no plans to remove any members of the panel that advises the FDA on vaccines, a spokesperson said on June 20.

Trump Says Trade Deals Expected With India and Pakistan

President Trump expects US will sign trade deals with India and Pakistan, signaling growing momentum in push to reshape global trade through tariff diplomacy.
spot_img

Related Articles