(The Center Square) – The Illinois Supreme Court is currently deliberating on the constitutionality of a state firearms statute that prohibits open carry in the case of Illinois v. Tyshon Thompson. Thompson was convicted in 2020 for violating state law by possessing a firearm in a vehicle without a permit, despite holding a Firearm Owners ID card. His sentence was 30 months in prison.
During the proceedings, Eric Castaneda from the Office of the State Public Defender urged the Illinois Supreme Court to declare Illinois’ aggravated unlawful use of weapons statute unconstitutional. Castaneda argued that the statute in question prohibits the public open carry of firearms in Illinois and penalizes individuals for not undergoing a double licensing process under the Concealed Carry License Act.
Castaneda highlighted that Illinois’ law contradicts recent decisions by the U.S. Supreme Court regarding Second Amendment rights. He emphasized the distinction between concealed carry and open carry, asserting that while concealed carry can be regulated by the government, open carry should be protected under the Second Amendment.
On the other side of the argument, Assistant Attorney General Garson Fisher contended that Illinois’ shall-issue licensing system, including the one in question, is constitutionally sound. Fisher stated that Thompson’s actions, specifically carrying a firearm without a license when one could have been obtained legally, did not fall under the protection of the Second Amendment.
The Illinois Supreme Court is now reviewing the arguments presented by both sides before making a decision on the case.
