The Firearms Policy Coalition's lawsuit challenging the ban on lawful carry throughout public transportation systems in Illinois is now percolating in the Seventh Circuit, where the 2A group recently filed its brief in response to Illinois Attorney General Kwame Raoul's appeal of a lower court ruling declaring the prohibition unconstitutional. 

Though the district court largely ruled in favor of the plaintiffs, the judge only granted declaratory relief, so the law is still in effect while the state of Illinois appeals. In their brief, FPC argues that a "thorough review of historical sources shows at the Founding, which is the most critical period for the analysis, the only time when the government banned carriage of firearms was when it took upon itself the obligation to secure a location from the unlawful carriage of firearms." Raoul, on the other hand, maintains that Illinois can prohibit concealed carry on public transportation for a variety of reasons; to promote public safety, because children are present, because public transportation can be crowded, and because it's the government’s own property.

The FPC brief does a great job of laying out the constitutional problems with Illinois' ban, but a recent incident in Chicago demonstrates the practical issues with barring lawful gun owners from legally carrying for self-defense on buses and light rail. 

A woman was shot and killed on the 69th Street Red Line platform on Tuesday evening, Chicago police said. The murderer remains on the loose.

Investigators believe the shooting occurred after the victim got into an argument with another woman on the platform around 9:46 p.m. The second woman pulled out a gun and fired one shot, striking the victim in the neck. EMS took the woman to the University of Chicago Hospital, where she succumbed to her injuries. She remained unidentified as of early Wednesday, but CPD said she appeared to be 25 to 35 years old.

This is hardly the first time that we've covered violent and fatal acts on Chicago Transit Authority property here at Bearing Arms. Robberies, stabbings, shootings, and homicides aren't uncommon in the city's public transportation network, unfortunately, but because the CTA and the state of Illinois both declare public transportation "sensitive places" even those who possess a valid CCW in Illinois are unable to protect themselves when they're on CTA property. 

According to CBS News, this was the first homicide of the year in a CTA setting, but other violent offenses like aggravated assaults and batteries on the rise on CTA property. It's painfully evident that criminals are routinely ignoring the "gun-free" status of these places.. or even worse, relying on the fact that lawful concealed carry is prohibited to choose a target-rich environment for their crimes with little fear that their victim will be able to fight back. 

And because the state of Illinois prohibits riders from carrying a firearm, those folks are not only disarmed while they're on CTA property but throughout their daily routine. A resident who lives in a high-crime neighborhood can't carry their gun to and from work, shopping, or taking their kids to school if they're dependent on public transit to get around. 

As the FPC brief argues, Illinois' carry ban on public transportation doesn't fit with the national tradition of gun ownership, and should therefore be struck down as a violation of the right to keep and bear arms. But the law is also sorely lacking in common sense, and the latest murder on a CTA train platform is yet another reminder of the irreparable harm that is done by these "gun-free zones".