Opinion
The National Rifle Association and California Rifle & Pistol Association filed an amicus brief in a challenge to Illinois’s law prohibiting concealed carry licensees from carrying firearms on public transportation unless those firearms are unloaded and secured—essentially rendering them useless for self-defense.
NRA’s brief explains that the conduct at issue—carrying firearms in public for self-defense—is clearly covered by the plain text of the Second Amendment. Therefore, Illinois must provide a historical basis for its restriction, and there isn’t one.
Schoenthal v. Raoul case Background:
Schoenthal v. Raoul is a federal civil rights lawsuit filed on October 20, 2023, in the U.S. District Court for the Southern District of Illinois. The lead plaintiff, Joshua Schoenthal, is a law-abiding resident of Texas and a holder of a valid Texas License to Carry. He is challenging Illinois’ discriminatory firearm laws that prohibit most non-residents from carrying a concealed firearm for self-defense while in the state. Under current Illinois law, only residents of a handful of states—those with licensing standards “substantially similar” to Illinois—can legally carry concealed firearms within its borders. The plaintiffs argue that this restriction violates their rights under the Second Amendment and the Equal Protection and Privileges or Immunities Clauses of the Fourteenth Amendment.
The case, brought with the support of the Second Amendment Foundation and the Firearms Policy Coalition, seeks to strike down Illinois’ non-resident carry ban and affirm that constitutional rights do not stop at state lines.
Second, public transportation, even if owned and operated by the government, is not a “sensitive place” like a courthouse or legislature. It does not provide a core function of government deliberation, which was the historic basis for banning firearms at certain government locations. Moreover, the government does not provide for passenger security on public transit, as evidenced by the myriad headline-making incidents of violence in recent years on subways and at train stations.
Illinois’s regulation is, therefore, unconstitutional and cannot stand.
The case is Schoenthal v. Raoul. It is currently before the Seventh Circuit Court of Appeals.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
NRA’s got bigger worries, they’re being sued under RICO, the judge just granted it today. If Dell’Aquila wins, that means TRIPLE damages.