Handgun (Source: Unsplash)

The Second Amendment Foundation (SAF), along with its partners, announced today that they have filed a petition for review with the U.S. Supreme Court in the case of Schoenthal v. Raoul. The lawsuit challenges the constitutionality of Illinois’ ban on carrying firearms on public transportation.

The case, originally filed in the United States District Court for the Northern District of Illinois in 2022, targets a specific provision of Illinois law.

While the state requires residents to have both a Firearm Owners Identification Card (FOID) and a concealed carry license to carry a firearm in public lawfully, it explicitly bans carrying a gun on:

• “…any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.”

The SAF-supported lawsuit argues that this blanket prohibition infringes upon the Second Amendment rights of law-abiding citizens.

The legal challenge has seen conflicting outcomes in the lower courts:

• District Court: Initially, the District Court granted summary judgment in favor of SAF and its partners, agreeing that the ban on public transit carry was unconstitutional.
• Seventh Circuit: However, the state appealed the decision, and the Seventh Circuit Court of Appeals overturned the ruling, finding the ban to be constitutional.

This circuit split sets the stage for potential Supreme Court intervention.

SAF’s Argument: “Sensitive Places” and Self-Defense

SAF leadership has framed the case as a critical opportunity for the Supreme Court to clarify the scope of the Second Amendment, particularly in the context of “sensitive places” where firearms may be restricted.

Adam Kraut, SAF Executive Director, stated, “There simply is no historical support for the idea that all modes of public transit are ‘sensitive places’ where carry can be banned… This case is a great opportunity for the Court to clarify the proper unifying principle and correct the circuit courts that have gone astray.”

SAF founder and Executive Vice President Alan M. Gottlieb emphasized the need for self-defense on public transit, noting the potential dangers often highlighted in the news. “The problem lies not with the law-abiding gun owner who wants to carry a firearm for self-defense,“ Gottlieb commented. “Rather, the problem is leaving people with no means of protecting themselves against those who prey on people in a target-rich environment. Disarming regular citizens only further disadvantages the assaulted while having no bearing on their assaulters.”

The SAF is joined in the petition by the Firearms Policy Coalition and three private citizens. They are now awaiting the Supreme Court’s decision on whether to grant review of the Seventh Circuit’s decision.

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