(The Center SquareThe Illinois attorney general’s office has apologized to a federal judge after suggesting his ruling against the state’s concealed carry ban has “security implications.”
U.S. District Judge Iain Johnston ruled that the state’s ban on carrying concealed firearms on public transportation violates the Second Amendment right to bear arms.
“Plaintiffs’ proposed conduct — carrying concealed handguns on public transportation in self-defense — falls within the presumptive scope of the Second Amendment,” Johnston wrote.
But the Illinois attorney general’s office stirred up a hornet’s nest in its appeal by arguing that Johnston’s ruling had “potential safety implications” that were “highlighted by a recent mass shooting on the CTA’s Blue Line, where four people were murdered with firearms in three days. after the Court’s order was entered.”
Johnston ordered the author of that passage to appear in his court to answer questions.
“For example – and not limiting in any way – counsel should be prepared to articulate the reasonable investigation that was made to determine whether the suspect in the CTA’s Blue Line shooting possessed a concealed carry permit, and if so, whether he had brought the weapon to the ground. CTA property to protect itself,” Johnston wrote. “Additionally, counsel must explain the reasonable investigation into how the suspect protected himself from the sleeping homeless people when he allegedly shot them.”
In a written response, the state’s attorneys said they “seek to argue that a stay of the Court’s order is justified by the public interest in maintaining public safety.”
“The verdict was not intended to suggest that the perpetrator of the Blue Line shooting had a concealed carry permit, acted in self-defense, or engaged in conduct authorized by the Court’s order,” the attorneys wrote . “The judgment was also not intended to state, suggest or imply that the Court’s order was responsible for or specifically related to the shooting referenced in the stay motion, and counsel apologizes if such an inference is erroneous has been made.”
Last month, Governor JB Pritzker said it would be disappointing if the concealed carry ban were ultimately overturned.
“The law that was passed in Illinois a number of years ago has, quite frankly, done a lot to keep people safe,” he said.
Richard Pearson, executive director of the Illinois State Rifle Association, said the defense’s statement is consistent with the state’s trajectory with one of the strictest firearms regulations.
‘They are trying to say that if you continue with public transport it would lead to more of this kind of thing, but the fact is that it was criminals who did that. We are talking about armed citizens protecting themselves and others,” Pearson told The Center Square. “It’s a completely different story.”
In August, Johnston’s signed order issued a partial summary judgment against the state, which subsequently appealed. Pearson hopes to extend the district court victory for the plaintiffs.
“When we get to the appeals court, we’re going to try to expand that to everyone,” Pearson said. “So anyone with a concealed carry permit.”
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