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The case Schoenthal v. Raoul, filed two years ago, challenges
Illinois’ concealed carry law that carves out places like mass
transit where people licensed to carry firearms concealed are
prohibited from carrying. Late last month, a Northern District
of Illinois federal judge sided with plaintiffs, saying the law
violates the Second Amendment.
“Plaintiffs’ proposed conduct – carrying concealed handguns on
public transit for self-defense – falls within the presumptive
ambit of the Second Amendment, shifting the burden to Defendants
to show that the Firearm Concealed Carry Act’s ban falls within
the historical tradition of firearm regulation in this country,”
Judge Iain Johnston wrote late last month. “On the record before
the Court in this case, Defendants have failed to meet their
burden.”
Earlier this month, Gov. J.B. Pritzker said the law aims to keep
people safe and a conservative judge is getting it wrong.
“And I’m hoping that it will be overturned along the way if it
has to go all the way to the Supreme Court,” Pritzker said. “It
will be disappointing if they uphold this [ruling].”
Pritzker said the appeal is up to Illinois Attorney General
Kwame Raoul’s office.
“We’ll have to have some discussions about the best way forward
in order to protect people as a result of that ruling,” Pritzker
said.
Plaintiff’s attorney David Sigale said the law is
unconstitutional. He said when criminals know people may be
armed, they may think twice.
“Because they know that if they do, the people that they’re
victimizing might actually be able to defend themselves,” Sigale
told The Center Square Monday.
Sigale urged people to not run afoul of the law while the case
is being appealed.
“But the fact is that I think [the state of Illinois] would have
a really tough time right now trying to justify how to enforce a
law that a federal judge has told them is unconstitutional,”
Sigale said.
The appeal will be handled by the Seventh Circuit U.S. Court of
Appeals.
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