DOJ arguing against Illinois’ gun ban ‘monumental,’ advocate says
[September 13, 2025]
By Greg Bishop | The Center Square
(The Center Square) – A gun rights advocate says that the U.S.
Department of Justice coming to argue in front of an appeals court
against Illinois’ gun ban is significant.
Oral arguments are scheduled for Sept. 22 in the case Barnett v. Raoul,
challenging the state’s gun and magazine ban. A federal district court
found the law unconstitutional last year after a four-day bench trial.
In the Seventh Circuit U.S. Court of Appeals, the U.S. Department of
Justice motioned to be allowed time to argue.
“This appeal concerns whether Illinois’s Protect Illinois Communities
Act, which prohibits so-called ‘assault weapons,’ can withstand scrutiny
under the Second Amendment, which protects Americans’ right to ‘keep and
bear Arms,’” the motion said. “Because of the federal government’s
interest in ‘protect[ing] the Second Amendment rights of all Americans,’
Executive Order No. 14,206, Protecting Second Amendment Rights, … the
United States filed a brief as amicus curiae supporting Plaintiffs-Appellees.
The United States believes that its participation in oral arguments will
be helpful to the Court.”
The motion was granted.
Gun rights advocate Todd Vandermyde said it’s monumental.
“We have the United States Department of Justice not only filing an
amici brief on behalf of the challenges to the Illinois gun ban, they
have asked for time to come in and argue the government’s position,”
Vandermyde told The Center Square.
The case is expected to go to the U.S. Supreme Court regardless of
whether the appeals court sides with plaintiffs or with the state of
Illinois.
How law enforcement interprets a recent appeals court ruling in a
separate case challenging the prohibition of carrying concealed firearms
on Illinois mass transit is still unclear.
The Seventh Circuit U.S. Court of Appeals ruled earlier this month in
the case Schoenthal v. Raoul, reversing a lower court and upholding the
law.
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“A concealed-carry licenseholder can keep his firearm with him as
long as it is unloaded and secured during his time on public
transit,” the court said. “Under Illinois’s regulation, a citizen
can step off the transit system, reassemble their firearm, and go
about their day with no further infringement on their rights.”
Vandermyde said this leaves open significant questions.
“What's this going to look like when you have five, six, a dozen
people waiting for the bus? And as the bus pulls up, they all reach
under their coat or whatever, pull out a handgun, unload it, clear
it, and then place it in a briefcase or purse or satchel or
something like that, and then board the bus?” he asked.
The Cook County Sheriff's Office said it would be “premature to
comment on how any part of the decision would be enforced.”
“We understand the appellate court has not issued the appellate
mandate for this decision and the decision remains pending,” the
office said. “We intend to have discussions with the Attorney
General’s and the State’s Attorney’s Offices regarding the
procedural posture of this decision and when it will take effect,
and what the practical effect of the decision will be on public
safety and enforcement of the concealed carry laws of Illinois.”
Illinois State Police said the decision “does not change how
Illinois law enforcement enforces conceal carry laws in the state.”
Vandermyde said he still doesn’t know.
“They didn't give us any definitive, you know, ‘we're going to
arrest you if you do this.’ Well, if they come out and say that and
they've effectively negated your ability to carry, you know, if you
were forced to use public transit.”
Plaintiffs in the Schoenthal case said they are reviewing the
decision on what their next steps will be.
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