Illinois law prohibits the carrying of firearms on public transportation or in public transportation facilities, even if an individual possesses a valid license to carry. This prohibition runs head first into the right to bear arms in public places and is contrary to our nation’s history and tradition of where the carriage of arms was prohibited. In fact, there were statutes which required the carrying of arms when traveling or away from home.
The ban has the practical effect of denying the right to bear arms in public for self-defense to thousands of individuals who rely on public transportation to get them from location to location. These individuals, many of whom do not own private motor vehicles, are thus unconstitutionally deprived of their right to self defense solely due to the fact that they utilize public transportation.
An individual convicted of a violation of this law is subject to a fine of $1,500.00 and confinement in jail for 180 days on the first offense. A second or subsequent offense is punishable by a $2,500.00 fine and imprisonment of 364 days, along with the potential suspension or revocation of their firearm carry license.
On September 20, 2022, four individuals, backed by the Second Amendment Foundation filed suit. The lawsuit asks a federal court to strike down the law which prohibits the People of Illinois from carrying a firearm for self-defense on public transportation or in a public transportation facility.
Case Team: David Sigale
To access all of the case documents, please visit the docket.