|
The case Schoenthal v. Raoul, filed in 2022, challenges
Illinois’ concealed carry law that carves out places like mass
transit where people licensed to carry concealed firearms are
prohibited from carrying. In August 2024, a Northern District of
Illinois federal judge sided with plaintiffs, saying the law
violates the Second Amendment.
Deputy Solicitor General Alex Hemmer told the three-judge panel
of the Seventh Circuit U.S. Court of Appeals Wednesday the law
resembles similar regulations in history.
“The restriction descends directly from a tradition of
restricting access to firearms that are loaded and unsecured in
passenger railroads in the 19th century, which itself descends
from a tradition of restricting access to firearms in crowded
spaces,” Hemmer said.
Hemmer argued that similar public places have restrictions.
“Courthouses, legislative assemblies, polling places,” he said.
“And as we explained in the brief, public transit shares many
common characteristics with those locations.”
The defense also said agreeing with the district court that the
law is unconstitutional would effectively reset all rules
regarding firearms on mass transit.
Representing the plaintiffs, attorney John Ohlendorf said there
are no historical analogs for the prohibition that are from
1791, when the Second Amendment was ratified.
“The key point is 1791. And so, you know, railroad regulations
that don't come onto the scene until 1875 are just too late,”
Ohlendorf said.
Previous U.S. Supreme Court precedent makes clear what are
sensitive places, he said.
“Bruen identified only three such sensitive places at the
founding legislative assemblies, courthouses and polling
places,” Ohlendorf said. “And none of those are remotely
analogous to public transit facilities.”
The appeals court took the case under advisement. |
|
