ILLINOIS — A federal appeals court is reviewing a case that could reshape how Illinois enforces concealed carry restrictions on mass transit systems. The case, brought by Second Amendment advocacy groups, challenges the state’s long-standing ban on carrying loaded firearms aboard public buses, trains, and other forms of commuter transportation.
The lawsuit argues that the prohibition violates the Second Amendment, especially for residents who rely on public transportation and cannot leave firearms in their vehicles.
Court Considers 1800s Rail Laws in Modern-Day Firearm Debate
During oral arguments before the U.S. Court of Appeals for the Seventh Circuit, attorneys for the state of Illinois defended the ban by pointing to historical firearm restrictions in 19th-century passenger railroads.
Illinois Solicitor General Michael T. Dreeben and state attorneys argued that these older rules form part of a legal tradition of banning weapons in crowded public spaces — a tradition the state says is consistent with Supreme Court precedent set in the Bruen decision (2022), which requires gun laws to be historically grounded.
Judge Thomas Kirsch, part of the three-judge panel, questioned whether these historic private policies should justify modern restrictions by the state. Critics say Illinois is leaning too heavily on outdated private railroad policies to justify public transit bans today.
Plaintiffs Argue for Equal Rights for Public Transit Riders
The plaintiffs, including individuals who rely on public transportation to commute to work or school, argue that the concealed carry ban unfairly denies them the same rights as car owners — who are allowed to keep firearms in their vehicles.
“We believe Illinois law treats gun-owning transit riders as second-class citizens,” said one attorney representing the plaintiffs.
They claim the ban creates an unconstitutional barrier for low-income residents, especially in urban areas like Chicago, where car ownership may not be feasible.
What’s Next in the Case
A ruling from the Seventh Circuit could come in the next few months. If the court sides with plaintiffs, it could force Illinois to revise or repeal portions of its Firearm Concealed Carry Act, especially the provisions dealing with public transportation.
Legal experts say the case could ultimately be appealed to the U.S. Supreme Court, especially given the national interest in post-Bruen Second Amendment interpretations.
Do you believe Illinois has the right to restrict firearms on public transportation? Or should concealed carry laws apply equally, regardless of how someone travels?
Tell us what you think — and follow the case that could reshape gun laws for commuters across the state.
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