llinois Supreme Court Upholds State’s ‘Assault Weapons’ Ban
Story by Caroline Downey •8h
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llinois Governor J.B. Pritzker delivers remarks at the North America’s Building Trades Unions 2019 legislative conference in Washington, D.C., April 9, 2019.© Jeenah Moon/Reuters
The Illinois Supreme Court on Friday preserved the state’s “assault weapons” ban, which was signed into law by Democratic Governor J.B. Pritzker in January.
A 4–3 majority ruled in favor of the defendants on equal protection grounds but did not offer judgement on claims involving the Second Amendment, according to the opinion.
The Protect Illinois Communities Act (PICA) bans the sale and distribution of some semiautomatic rifles, high-capacity magazines, and switches that convert handguns into more advanced firearms. In addition to prohibiting the possession of semi-automatic rifles such as the AR-15, the law grants local enforcement authorities the power to add additional firearm bans in the future. The legislation also forces firearm owners of the restricted weapons to register with state police.
The measure includes a “grandfather clause” allowing ownership of now-banned firearms purchased before this year as long as those individuals provide an endorsement affidavit to the Illinois State Police by January of next year. Seven enumerated classes including security officers and law enforcement agencies are also exempted from the law. The court dismissed the objection of the plaintiffs that they are denied equal protection because the grandfathered individuals are afforded preferential treatment.
“The Act attempts to balance public safety against the expertise of the trained professionals and the expectation interests of the grandfathered individuals,” the opinion read.
Related video: Illinois Supreme Court upholds state’s ban on semiautomatic weapons (KTVI-TV St. Louis)
The ban is on the types of assault weapons used
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In April, a federal judge blocked the law, arguing that it is potentially in conflict with two Supreme Court cases, demonstrating its unconstitutionality.
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“The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them,” U.S. District Judge Stephen McGlynn wrote in his order.
McGlynn did not make a judgement on the merits of the case but argued that the law would likely be deemed unconstitutional when it goes to trial and that the plaintiffs involved will suffer irreparable harm if its enforcement is not halted. The plaintiffs include a number of gun owners, gun stores Hoods Guns & More and Pro Gun and Indoor Range, as well as pro-gun organizations like the National Shooting Sports Foundation.
Pritzker pushed for the law as a way to help combat mass shootings.
“This is a commonsense gun reform law to keep mass-killing machines off our streets and out of our schools, malls, parks and places of worship,” he said in a statement on Friday. “This decision is a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives.”
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