(The Center Square) – The Illinois Attorney General’s office has apologized to a federal judge demanding answers after implying his ruling against the state’s mass transit concealed carry ban has “safety implications.”
Northern District of Illinois federal Judge Iain Johnston ruled the Second Amendment is violated by the state’s prohibition of people carrying concealed firearms on mass transit.
“Plaintiffs’ proposed conduct – carrying concealed handguns on public transit for self-defense – falls within the presumptive ambit of the Second Amendment, shifting the burden to Defendants to show that the Firearm Concealed Carry Act’s ban falls within the historical tradition of firearm regulation in this country,” Johnston wrote.
The state appealed and in a motion said the “the potential safety implications of the Court’s order are highlighted by a recent mass shooting on the CTAs Blue Line, in which four people were murdered with firearms three days after the Court’s order was entered.”
Johnston demanded whoever wrote that to answer questions during a hearing scheduled Wednesday.
“For example – and by no way of limitation – counsel should be prepared to articulate the reasonable inquiry that was made to determine if the suspect in the CTAs Blue Line shooting possessed a concealed carry permit, and if so, whether he brought the gun onto CTA property to protect himself,” Johnston wrote. “Moreover, counsel should explain the reasonable inquiry as to how the suspect was protecting himself from the sleeping homeless people when he allegedly shot them.”
In a statement from the defendants in the case filed Monday, attorneys with Illinois Attorney General Kwame Raoul’s office said they “aimed to argue that a stay of the Court’s order is justified by the public interest in maintaining public safety.”
“The sentence was not intended to suggest that the perpetrator of the Blue Line shootings held a concealed carry permit, acted in self-defense, or engaged in conduct permitted under the Court’s order,” the attorneys wrote Monday. “The sentence also was not intended to state, suggest, or imply that this Court’s order was responsible for or specifically related to the shooting referenced in the stay motion, and counsel apologizes if any such inference was mistakenly created.”
Last month, Gov. J.B. Pritzker said it would be disappointing if the concealed carry ban is ultimately overturned.
"The law that was passed in Illinois a number of years ago has frankly done a lot to keep people safe," he said.
Illinois State Rifle Association Executive Director Richard Pearson said the defense's statement is par for the course for the state with among the strictest firearms regulations.
“They’re trying to say that if you carry on mass transit, it would lead to more things like this, but the fact is those were criminals doing that. We’re 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 summary judgment in part against the state as applied to the named plaintiffs. The state then filed for an appeal. Pearson hopes to expand their district court victory for the plaintiffs.
“When we get into the appellate court, we’re going to try to expand that to include everyone,” Pearson said. “So everyone with a concealed carry permit.”
The district court’s judgment from August was entered by the clerk but not signed by the judge. A docket entry in the case from the Seventh Circuit U.S. Court of Appeals says the judgment is deficient and gives litigants until Friday to explain why the case should not be remanded back to the district court for proper judgment.
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