SPRINGFIELD, Ill. (AP) — The Illinois Supreme Court has upheld the state’s ban on the sale or possession of the type of semiautomatic weapons used in hundreds of mass killings nationally.
In a 4-3 decision Friday, the high court found that the Protect Our Communities Act does not violate the federal Constitution’s guarantee of equal protection of the law nor the state constitution’s bar on special legislation.
The court also decreed that state Rep. Dan Caulkins, a Decatur Republican, and like-minded gun-owners who brought the lawsuit had earlier waived their claims that the law infringes on the Second Amendment to own firearms and could not raise it before the Supreme Court.
The Second Amendment claim is alive, however, in several federal lawsuits filed in southern Illinois, later consolidated and awaiting appeals court action.
The law bans dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. The most popular gun targeted is the AR-15 rifle, which can be found in at least 25 million American households, according to 2021 research by Georgetown University.
Democratic Gov. J.B. Pritzker signed the Protect Our Communities Act hours after lawmakers sent it to him in a lame-duck session in January, months after a shooter using a high-powered rifle killed seven and injured dozens on Independence Day 2022 in the Chicago suburb of Highland Park. The new law set off a firestorm of criticism from gun-rights advocates, including county sheriffs who were nearly unanimous in signing a statement that they would not zealously enforce the law.
Bolstered by the 2022 U.S. Supreme Court case that determined Americans have a right to carry weapons in public for self-defense, Caulkins and other gun owners say the semiautomatic ban clearly violates the right to possess guns. But they also claim it violates the Constitution’s right to equal protection of the law and a state constitution provision banning “special legislation” when a “general law is applicable.” A lower court agreed in March.
The lawsuit alleges the law was unequally applied because anyone who had a semiautomatic weapon on the date the law took effect could keep it, although they’re restricted in selling or transferring such weapons. They must register their guns with the Illinois State Police by Jan. 1, 2024.
The ban also exempts law enforcement officers, including those retired, and on-duty military. Critics argued many civilians have more experience and training in handling semiautomatic weapons than law enforcement officers.
Democrats, who control all levers of the state’s legislative and executive branch, also have a 5-2 majority on the state Supreme Court.
Several other lawsuits against the ban filed in federal court were consolidated and are awaiting action in an appeals court. It’s possible the Illinois high court’s action would answer questions posed in the federal queries.
Governor JB Pritzker issued the following statement in response to the Illinois Supreme Court ruling upholding the Protect Illinois Communities Act:
“I am pleased that the Illinois Supreme Court has upheld the constitutionality of the Protect Illinois Communities Act. This is a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship. Illinoisans deserve to feel safe in every corner of our state—whether they are attending a Fourth of July Parade or heading to work—and that’s precisely what the Protect Illinois Communities Act accomplishes. 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.”
State Senator Terri Bryant (R-Murphysboro) released the following statement after the Illinois Supreme Court ruled 4-3 to uphold the state’s “assault weapons” ban:
“While the Illinois Supreme Court’s ruling is disappointing, it shouldn’t be a surprise to anyone. The Governor’s hand-picked court provided him cover by not ruling on whether this law violates the 2nd Amendment. But even the Governor knows that this law won’t stand on the grounds of our constitutional right to bear arms when it makes its way through the federal court system. I will continue to stand behind and support law-abiding gun owners who want nothing more than to exercise their 2nd Amendment rights and look forward to closely watching the other legal cases currently going through our federal court system.”
House Republican Floor Leader State Representative Patrick Windhorst (R-Metropolis) issued the following statement upon learning of the Illinois State Supreme Court’s 4-3 ruling upholding the controversial firearms and magazine ban signed into law in January.
“I was vigorously opposed to the firearms and magazine ban that I believe unfairly and unconstitutionally outlaws firearms and magazines in common use by millions of law-abiding Illinois citizens. Today’s ruling is a disappointment, but I am not surprised given the current makeup of the State Supreme Court. For years, I have stood with the law-abiding citizens of Illinois in defense of their right to carry firearms and use them responsibly. For decades, Democrats in Springfield have worked to undermine and take away these 2nd Amendment rights. While we may hear declarations of victory from politicians from the Democratic side of the aisle today, we must remember that there is currently a federal lawsuit pending before the 7th Circuit Court of Appeals. The United States Constitution clearly states that the right to keep and bear arms shall not be infringed. I remain hopeful that the lawsuit pending on the federal docket will be successful, and ultimately the nation’s highest court will deem Illinois’ firearms and magazine ban unconstitutional. Democratic Justice Mary K. O’Brien, in her dissent wrote the classifications of firearms and magazines banned, ‘Do not and will not reasonably remedy the evils the legislation was designed to combat.’ Instead of addressing crime and criminal behavior, Democratic politicians have continuously passed laws that help criminals avoid punishment and consequences for their criminal actions. A firearms ban will do nothing to stop criminals bent on committing mass shootings or other acts of violence.”
116th District State Rep. Dave Severin (R-Benton) issued the following statement following the Illinois State Supreme Court ruling Friday that Illinois’ recently enacted firearms and magazine ban shall remain in place.
“Today’s ruling by the Illinois Supreme Court harms the ability of law-abiding gun owners to exercise their constitutionally-guaranteed 2nd Amendment rights. I’m not sure what part of ‘shall not be infringed’ is so hard for Illinois Democrats to understand. The people of Illinois were made much less safe by a previous decision of the court to uphold the end of cash bail. Criminals are gaining more rights than law-abiding folks in this state, and it is a shame. Even Democrat Justice Mary K. O’Brien said that the firearms and magazines that are banned under the law, ‘Do not and will not reasonably remedy the evils the legislation was designed to combat.’ When criminals are being let go, and law-abiding gun owners become the target of law enforcement efforts, the people of Illinois ultimately lose. A court case pending at the federal level stands a good chance of striking down this law once and for good. I’m remaining hopeful that the U.S. federal court system will do the right thing and reinstate the 2nd Amendment rights that have been lost as a result of legislative Democrats, Governor Pritzker, and today’s Illinois Supreme Court decision.”
State Representative Paul Jacobs (R-Pomona) says he is disgusted by the Illinois Supreme Court’s Friday decision upholding the controversial and unconstitutional firearms and magazine ban.
“People should be outraged that their 2nd Amendment Rights were stomped on by the liberal Supreme Court today,” Jacobs said. “We’re experiencing what is known as legislating from the bench by an activist court. AR-15s, semi-automatic handguns, and magazines used for sport shooting and self-defense are all included in this unworkable and unconstitutional firearms and magazine ban. Today’s decision is ridiculous and flies in the face of guaranteed Constitutional rights.”
Jacobs says law-abiding citizens are now treated as second-class citizens in Illinois while legislative Democrats continue to pass laws that are soft on crime and anti-police.
“The leftist-progressive agenda in Illinois means law-abiding citizens will become criminals for exercising their constitutional rights while criminals are let out of jail with no cash bail,” Jacobs said. “That is indeed a sad commentary on the state of our state right now. We have to fight back against these excesses by enacting policies that protect crime victims, punish criminals, and secure the freedoms we are guaranteed in the US Constitution.”
A federal court case is currently pending before the 7th Circuit U.S. Court of Appeals challenging Illinois’ firearms ban. Jacobs says he remains hopeful for a positive ruling in the federal case.
“We have to see a different ruling at the federal level to ensure our law-abiding citizens’ rights are protected,” Jacobs said. “I’m hopeful the federal courts will ultimately do the right thing and strike down this unconstitutional law.”