Federal court rules Illinois transit gun restrictions constitutional

Illinois’ Ban on Carrying Firearms on Public Transit Upheld by Federal Appeals Court

A federal appeals court has approved Illinois’ ban on carrying firearms on public transit, overturning a previous lower court ruling. The ban, which was put in place over a decade ago, had been challenged on the grounds that it violated the Second Amendment of the U.S. Constitution.

In a decision handed down on Tuesday, the Seventh Circuit U.S. Court of Appeals determined that the ban was in line with a long-standing practice of restricting firearms in sensitive and crowded public spaces. Judge Joshua Kolar, writing for the majority, stated that the ban was consistent with the nation’s historical tradition of regulating firearms in certain environments.

The court rejected the argument that the ban infringed on individuals’ right to self-defense, emphasizing that the Second Amendment does not prohibit reasonable regulations aimed at ensuring public safety. The decision contrasts with a previous ruling by the U.S. District Court for the Northern District of Illinois, which had found the ban unconstitutional.

The appeals court cited a 2022 U.S. Supreme Court decision, setting a new standard for evaluating the constitutionality of gun restrictions. According to this standard, the government must demonstrate a historical basis for the regulation, which the court found in the case of Illinois’ public transit firearm ban.

Last year, a lower court sided with four plaintiffs who claimed that restricting people from carrying guns on public buses and trains was unconstitutional. (Photo by Gregory Potter/Interim Archives/Getty Images)

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The case, brought by Illinois gun owners and supported by gun rights groups, is likely to be appealed to the U.S. Supreme Court. Despite arguments that the ban contradicts the high court’s precedent, the Seventh Circuit upheld the ban as a necessary measure to maintain public safety on transit systems.

Implemented in 2013, the public transit firearm ban in Illinois was part of a broader effort to regulate gun possession in certain public spaces, including hospitals and other facilities. The appeals court’s decision reflects a broader trend of upholding firearm regulations in line with historical practices.

The public transit firearm ban was implemented in 2013. (Christopher Dilts/Bloomberg via Getty Images)

The majority opinion, written by Judge Joshua Kolar and joined by Judge Kenneth Ripple, underscored the importance of historical regulatory traditions in justifying firearm restrictions. Judge Amy St. Eve, in a separate opinion, raised jurisdictional questions for future cases involving challenges to gun regulations.

The Associated Press contributed to this report.