The U.S. Court of Appeals for the Seventh Circuit ruled Tuesday that Illinois can constitutionally ban concealed carry of firearms on public transportation.
In a 52-page decision authored by Judge Joshua P. Kolar, the three-judge panel found that Illinois’s prohibition on carrying firearms on buses, trains, and other forms of public transit is “comfortably situated in a centuries-old practice of limiting firearms in sensitive and crowded, confined places.”
The case, Schoenthal v. Raoul, centered on Section 65(a)(8) of Illinois’s 2013 Firearm Concealed Carry Act, which prohibits licensed individuals from carrying firearms on any “bus, train, or form of transportation paid for in whole or in part with public funds.” Violations are punishable as a Class B misdemeanor with up to six months in prison.
“We are asked whether the state may temporarily disarm its citizens as they travel in crowded and confined metal tubes unlike anything the Founders envisioned,” Judge Kolar wrote. “We draw from the lessons of our nation’s historical regulatory traditions and find no Second Amendment violation in such a regulation.”
The unanimous decision was joined by Judges Amy J. St. Eve and Kenneth F. Ripple.
The challenge was brought by three Illinois concealed carry license holders: Benjamin Schoenthal of DeKalb County, Mark Wroblewski of DuPage County, and Douglas Winston of Lake County. They argued that the restriction prevented them from exercising their Second Amendment right to self-defense while using Chicago’s extensive public transit system, including the Chicago Transit Authority (CTA) and Metra commuter rail.
In August 2024, U.S. District Judge Iain D. Johnston ruled in favor of the plaintiffs, finding that the state had failed to demonstrate the law was consistent with America’s historical tradition of firearm regulation as required by the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen.
However, Johnston’s ruling was limited to the specific plaintiffs and did not prevent Illinois from continuing to enforce the law against others.
The court noted that the Supreme Court has recognized certain locations as “sensitive places” where firearms can be prohibited, including schools, legislative assemblies, polling places, and courthouses.
The court emphasized several factors that distinguish public transit as a legitimate area for firearm restrictions:
- Crowded conditions: Public transit systems can be extremely crowded, with commuters in close proximity
- Confined spaces: The metal construction of trains and buses creates environments where bullets could ricochet dangerously
- Vulnerable populations: Children regularly use public transit, particularly CTA services to attend school
- Government property: Public transit systems are owned and operated by government entities
- Public safety: The risk of wayward gunfire or weapons disrupting vehicle operators poses unique dangers
Illinois law allows concealed carry license holders to transport firearms on public transit if the weapons are unloaded and properly secured, an exception the court noted was similar to federal regulations governing air travel.
