Jump to content

Schoenthal v. Raoul - Challenges IL Carry Ban on Public Transportation


Molly B.
 Share

Recommended Posts

SAF BACKS FEDERAL CHALLENGE OF ILLINOIS TRANSIT CCW BAN

 

The Second Amendment Foundation announced today it is financially supporting a federal lawsuit filed by four Illinois residents who are challenging a ban on licensed concealed carry on Public Transportation under the state’s Firearm Concealed Carry Act.
 
Plaintiffs in the case are Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel and Douglas Winston. They are all residents of counties in northern Illinois in the greater Chicago area. They are represented by attorney David Sigale of Wheaton, Ill. The case is known as Schoenthal v. Raoul.
 
Defendants are Illinois 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.
 
“We’re financially supporting this case because it is the right thing to do,” said SAF founder and Executive Vice President Alan M. Gottlieb. “All four plaintiffs in this case are law-abiding citizens who cannot exercise their fundamental rights as spelled out by three Supreme Court rulings, including SAF’s 2010 McDonald victory that nullified Chicago’s unconstitutional handgun ban.
 
“Illinois lawmakers have made it as difficult as possible for honest citizens to exercise their right to bear arms,” he continued, “and the prohibition on licensed carry while traveling via public transportation is a glaring example. This ban is a direct violation of the Second and Fourteenth amendments, and we are delighted to support this case because it cuts to the heart of anti-gun extremism.
 
“Buses and commuter trains are public places, but they are hardly sensitive places,” Gottlieb observed. “The four plaintiffs in this case rely on public transportation to travel to and from various places, including work, and they should be able to carry firearms for personal protection while in transit. However, current laws, regulations, policies and practices enforced by the defendants have made that legally impossible.
 
“Illinois is trying to perpetuate an indefensible public disarmament policy despite the clear meaning of Supreme Court rulings,” he concluded, “and we’re going to help the plaintiffs put an end to this nonsense.” 

 

 
Link to comment
Share on other sites

Docket

 

The defendants Rick Amato (R, DeKalb County), Robert Berlin (R, DuPage County), Kimberly M. Foxx (D, Cook County) and Eric Rinehart (D, Lake County) are the assistant state's attorneys in the counties where the plaintiffs live.

 

There's nothing in the complaint that asks for it to be certified as a class action. It does ask that the named defendants (which includes Raoul, obviously) be enjoined from enforcing the transportation carry ban.

 

At first, I thought this case was the fruition of Illinois Right to Keep and Carry > FPC seeks plaintiffs for public transportation. Maybe it is. SAF and FPC could be working together on it, I suppose.

Link to comment
Share on other sites

On 9/20/2022 at 6:37 PM, Euler said:

Docket

 

The defendants Rick Amato (R, DeKalb County), Robert Berlin (R, DuPage County), Kimberly M. Foxx (D, Cook County) and Eric Rinehart (D, Lake County) are the assistant state's attorneys in the counties where the plaintiffs live.

 

There's nothing in the complaint that asks for it to be certified as a class action. It does ask that the named defendants (which includes Raoul, obviously) be enjoined from enforcing the transportation carry ban.

 

At first, I thought this case was the fruition of Illinois Right to Keep and Carry > FPC seeks plaintiffs for public transportation. Maybe it is. SAF and FPC could be working together on it, I suppose.

 

This is FPC and SAF working together. It started with FPC seeking plaintiffs, as you noted. 

Link to comment
Share on other sites

On 9/20/2022 at 5:37 PM, Euler said:

Docket

 

The defendants Rick Amato (R, DeKalb County), Robert Berlin (R, DuPage County), Kimberly M. Foxx (D, Cook County) and Eric Rinehart (D, Lake County) are the assistant state's attorneys in the counties where the plaintiffs live.

 

There's nothing in the complaint that asks for it to be certified as a class action. It does ask that the named defendants (which includes Raoul, obviously) be enjoined from enforcing the transportation carry ban.

 

At first, I thought this case was the fruition of Illinois Right to Keep and Carry > FPC seeks plaintiffs for public transportation. Maybe it is. SAF and FPC could be working together on it, I suppose.

So will be ruled like the foid only unconstitutional for THIS person? 

 

Link to comment
Share on other sites

On 9/22/2022 at 2:42 PM, SiliconSorcerer said:

So will be ruled like the foid only unconstitutional for THIS person? 

 

The suit seeks to have the carry ban enjoined for everyone across the entire state. That's why Raoul as AG is included among the defendants. If only the county ASAs were being sued, the injunction might only affect those counties.

 

I have to wonder if Amato and Berlin might actually sympathize with the plaintiffs. (I know nothing about them.)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...