A long-running legal fight over whether licensed gun owners can carry firearms on buses and trains is officially knocking on the door of the U.S. Supreme Court. On Tuesday, the Second Amendment Foundation (SAF) filed a critical reply brief in the case of Schoenthal v. Raoul, urging the nation’s highest court to strike down Illinois’ strict ban on public transit carry.
The legal challenge, which first began in 2022, targets a specific Illinois law that creates a “no-go zone” for firearms on any transportation funded by public money. Under current state rules, residents must pass background checks to obtain both a Firearm Owners Identification (FOID) card and a concealed carry license. Even with those credentials in hand, the law prohibits them from carrying on buses, trains, or even in the parking lots of transit facilities.
This latest filing follows a see-saw battle in the lower courts. Initially, a District Court judge ruled in favor of the SAF, agreeing that the ban was unconstitutional.
However, that decision was later overturned by the Seventh Circuit Court of Appeals, which kept the ban in place and prompted this final push toward the Supreme Court.
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“One of the animating principles behind the Second Amendment is the ability to be armed in public in case of confrontation,” said SAF Executive Director Adam Kraut. He argued that for people who don’t own cars, the law functions as a total ban on their right to self-defense. “The practical effect of banning carry on public transit is obvious—anyone who relies on it faces a de facto ban on their ability to carry anywhere.”
The SAF, joined by the Firearms Policy Coalition and three Illinois residents, maintains that there is no historical precedent for labeling an entire transit system as a “sensitive place” where guns can be prohibited. They argue that the law ignores the reality of modern commuting.
“There’s no doubt these ‘sensitive places’ laws do little in terms of thwarting criminals from carrying a firearm on public transit,” added SAF founder Alan M. Gottlieb. “In fact, the ban only forces peaceable citizens to disarm, leaving them and those around them more vulnerable to criminal violence. The Second Amendment equally protects your right to carry for self-defense, whether you take the train to work or drive your car.”
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