Illinois isn't known for being supportive of the right to keep and bear arms. It's unfortunate because...well...everyone should respect our Second Amendment rights, among others.
But those in power don't.
That's resulted in numerous lawsuits seeking to overturn a plethora of regulations. Now, gun rights advocates are asking for an injunction against one particular measure.
They want to be able to open carry in the state:
The Illinois Supreme Court is considering whether to find a state firearms statute prohibiting open carry unconstitutional in the case Illinois v. Tyshon Thompson.
Thompson was found guilty of violating state law for having a firearm in a vehicle without a permit in 2020. Despite having a Firearm Owners ID card, he was sentenced to 30 months in prison.
Tuesday, Eric Castaneda with the Office of the State Public Defender urged the Illinois Supreme Court to find Illinois’ aggravated unlawful use of a weapons statute unconstitutional.
“Here, Mr. Thompson was convicted under a statute that completely prohibits the public open carry of a firearm in Illinois and that punishes the failure to undergo a double licensing regime under the [Concealed Carry License] Act,” he said.
Castaneda argues that under recent U.S. Supreme Court decisions, most likely Bruen, the law in question is unconstitutional.
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And he's likely right.
At the time of the nation's founding, people carrying guns openly was the norm. It was common and didn't cause an issue. If people were concerned about anything involving the carrying of firearms, it was hiding that you had a gun on your person. It was apparently as if they assumed you were hiding your gun because you hand some nefarious intention or another.
Of course, times change. I'm not a huge fan of open carry myself because I have concerns about being targeted by a criminal first. I'd like the chance to respond if there's going to be a shooting, and I can't do that with a 9mm entry wound behind my ear.
But that's my own hangup. A lot of people don't share that – and based on my research, it's probably not even a rational concern on my part – and I respect their right to decide differently. The right to bear arms shall not be infringed. Telling me I can only carry in one particular manner, though, is infringing on that right.
Again, this isn't new for Illinois.
And keep in mind that this case was about a lawful firearm owner having a gun in his vehicle. This wasn't even something like walking on a sidewalk in downtown Chicago with an AR-15 or something that might really have freaked a lot of people out. This was a gun in his vehicle, a gun he lawfully owned and should be able to have available to defend himself with, particularly in or on his own property, which is what a vehicle is.
However, I won't get my hopes up on any injunction being issued. This is Illinois, after all, and the Illinois State Supreme Court isn't exactly known for its pro-gun interpretation of the law. This is a challenge that will need to end up in federal court. Then, maybe.
Until then, no one should hold their breath.
