(WAND) – Plaintiffs in a federal challenge of the Illinois Public Transit carry ban have filed a brief in support of an earlier motion for summary judgment in the case.
The case is financially supported by the Second Amendment Foundation.
The case is known as Schoenthal v. Raoul and is currently in U.S. District Court for the Northern District of Illinois, Western Division.
Plaintiffs are Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston. They are represented by attorney David G. Sigale of Lombard, Ill. The defendants are Attorney General Kwame Raoul and State’s Attorneys Rick Amato (DeKalb County), Robert Berlin (DuPage County), Kimberly M. Foxx (Cook County) and Eric Rinehart (Lake County), all in their official capacities.
“As noted in the brief,” said SAF founder and Executive Vice President Alan M. Gottlieb, “this case asserts the Illinois Public Transportation carry ban cannot stand unless it is consistent with the historical tradition of firearms regulation at the time of the ratification of the right to keep and bear arms. It is abundantly clear the defendants can’t provide such information, and in their response, they have failed to offer any Founding-era evidence supporting the ban.”
In other states with licensed concealed carry, legally armed private citizens can use public transportation. Illinois denies the right to bear arms to anyone using public transportation.
“This ban clearly violates the Second Amendment,” Gottlieb said, “which the defendants should realize, since the Second Amendment was incorporated to the states via the 14th Amendment in a case they’re all familiar with, McDonald v. City of Chicago. SAF won that case at the Supreme Court in 2010, nullifying Chicago’s handgun ban.”
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