Rifle Association files federal suit against assault weapons ban
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – The Illinois State Rifle Association has joined forces with other gun rights advocates in filing a federal lawsuit challenging the state’s new ban on the sale and manufacture of semiautomatic weapons and high-capacity magazines.
It’s the latest legal challenge to the law, which went into effect upon Gov. JB Pritzker’s signature on Jan. 10, and the first filed in federal court.
The case, which will be heard in the Southern District of Illinois, was filed within a week of a similar case being filed in state court in Crawford County. Additionally, Thomas DeVore, a private attorney and unsuccessful candidate for attorney general in 2022, has filed suit in Effingham County and is seeking an emergency injunction to block the new law’s enforcement.
“Gov. Pritzker and the legislators who voted for this law did this for self-serving political purposes and are not upholding the United States Constitution,” Richard Pearson, executive director of the ISRA, said in a statement. “The Second Amendment is fundamentally about self-defense, and the 14th Amendment is about not having our rights infringed. This new law makes criminals out of law-abiding citizens.”
The law bans the sale and manufacture of a long list of firearms – including certain rifles, shotguns and handguns – that it categorizes as “assault weapons.” It also requires people who currently own such weapons to register them with the Illinois State Police by Jan. 1, 2024.
It also bans the sale and manufacture of magazines capable of holding more than 10 rounds of ammunition for a long gun or 15 rounds for a handgun. Those who already possess such devices would be able to keep and possess them on private property, on a gun range, at a licensed gun shop to undergo a repair, or while traveling to one of those locations, provided the magazine is unloaded and kept in a case.
The assault weapons ban also prohibits the use, sale and possession of devices – including items known as “switches” and “bump stocks” – that increase the rate at which a gun fires by either converting it into a fully automatic weapon or making it fire like one. A fully automatic weapon continues firing as long as the user squeezes the trigger, while a semiautomatic weapon fires only one round for each trigger pull.
But plaintiffs in the federal lawsuit argue that the weapons banned under the law are commonly used in the United States, that they have been traditionally accepted as lawful firearms, and that they are, in fact, among the most popular weapons among gun owners, accounting for approximately 20 percent of all firearms sold in recent years.
They also challenge the use of the term “assault weapon,” arguing that it was coined by “anti-gun publicists” and that the weapons covered by the law are vastly different from those used in the military.
The suit alleges that the law violates the plaintiffs’ constitutional rights under the Second and 14th Amendments to the U.S. Constitution.
The law was prompted in large part by the July 4 mass shooting at an Independence Day parade in Highland Park that left seven people dead and dozens more injured or traumatized.
The alleged shooter in that case used a Smith & Wesson M&P 15 rifle with three magazines of 30 rounds each, items that are included within the scope of the new law.
That weapon is similar to AR-style rifles that have been used in numerous mass shootings in the U.S. But the plaintiffs in the lawsuit argue that those weapons actually account for only a small percentage of overall gun crimes in the country.
When Pritzker signed the legislation, Illinois became the ninth state in the nation to enact some form of assault weapons ban. But those laws are now under scrutiny amid shifting legal and political opinions about the meaning of the Second Amendment, which reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
As far back as 1938, the U.S. Supreme Court upheld indictments against a pair of Oklahoma bank robbers charged with transporting a sawed-off double-barrel shotgun across state lines, holding that such weapons had no reasonable relationship to a well-regulated militia and thus were not protected by the Second Amendment.
Seventy years later, however, the court struck down a Washington, D.C., ordinance banning the possession of handguns in the district, holding that the Second Amendment does guarantee an individual’s right to keep and bear arms. That ruling held that the clause referring to well-regulated militias was only “prefatory” in nature and does not limit or expand the “operational” clause that guarantees a right to keep and bear arms.
Even in that case, however, former Justice Antonin Scalia wrote that the Second Amendment is not absolute and that it does not guarantee a right to keep and carry any type of weapon for any purpose.
“We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons,’” he wrote.
But then last year, in a case striking down the state of New York’s requirement that people had to demonstrate “proper cause” for a concealed carry permit, the court said the Second Amendment protects the right to keep and bear arms that are “in common use,” and that restrictions violate the amendment if they are not “consistent with the Nation’s historical tradition of firearm regulation.”
As of Wednesday, the federal court in the Southern District had not yet set a schedule for hearing the case.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Comings & Goings: Ross to replace Walt’s at Tinley Park Plaza
Spread the loveBy Bob Bong When Walt’s Foods closed its Tinley Park location almost three years ago, it left a giant hole in the Tinley Park Plaza near 159th Street and Harlem Avenue. That hole will soon be filled with a new 22,000-square-foot Ross Dress for Less store and a 9,800-square-foot Five Below store. A…
SD122 celebrates end of Ramadan at Simmons Middle School
Spread the loveBy Nuha Abdessalam As Ramadan was drawing to a close for Muslims worldwide, District 122’s Superintendent Joseph Matise, Oak Lawn Community High School’s Muslim Students Association club, and the district’s Parents Committee came together to create history. They hosted the first-ever Iftar dinner at Simmons Middle School on April 8, a significant event…
Orland Park Library collecting candy wrappers
Spread the loveBy Kelly White Candy has taken on a whole new life at one local library. The Orland Park Public Library, 14921 S. Ravinia Ave., Orland Park, is happy to announce the launch of its very first Trash or Treasure candy wrapper recycling campaign. The Trash or Treasure program helps reduce the waste that…
Hickory Hills adds new police officer
Spread the loveBy Nuha Abdessalam Hickory Hills Police Chief Jason Bray welcomed Andre Showers as the city’s newest police officer during last week’s city council meeting. Aldermen and the community at the April 11 meeting helped celebrate the induction of the Showers, 21. He’s an Army veteran and a 2023 Cook County Correctional Camp graduate…
Marist celebrates cultural diversity
Spread the loveBy Kelly White Marist High School appreciates the wide array of culture that walks its campus hallways on a daily basis. In order to celebrate, the high school, 4200 W. 115th St., Chicago, hosted its second annual Celebration of Culture on March 14. During the free event, students, faculty and staff represented their…
Palos Heights Knights of Columbus donate to GiGi’s Playhouse
Spread the loveGrand Knight John Laskey and Past Grand Knight Brian Mellenthin of St. Theodore Guerin Knights of Columbus Council 14057 presented a check for $1,500 to GiGi’s Playhouse of Tinley Park, one of several donations to local groups resulting from the Knights of Columbus’ Fall Tootsie Roll Drive. One of the most recognizable activities…
Worth police join task force to combat auto thefts
Spread the loveBy Joe Boyle An agreement has been reached between the villages of Worth and Thornton regarding participation in the Illinois Statewide Auto Theft Task Force. Worth Police Chief Tim Denton said the approval of the memorandum to participate in the task force is necessary. “It’s no secret that there has been an increase…
A simple idea for Earth Day
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Moving right along through April, as the days get longer and nicer, time will start to go by faster. We have Earth Day on April 22 and the start of Passover at sunset.…
Bingo at St. Clare was something to yell about
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Recently I mentioned a bingo fundraiser the Augustinian Young Adults of St. Rita of Cascia Parish were holding. This was their first attempt at a bingo and they put on a really nice event. Held…
Neighbors
Year of growth | Evergreen Park enjoying inaugural boys volleyball season
Spread the loveBy Xavier Sanchez Correspondent After almost 70 years of existence as a high school, Evergreen Park finally has a boys volleyball team. The Mustangs are playing their inaugural season with a junior varsity squad, with some matches being played at the varsity level. Head coach Brian Zofkie is leading this group with assistant…
‘Brazen and cowardly’: Police, community outraged by officer’s slaying
Spread the love. By Tim Hadac Police and others across the Southwest Side reacted with outrage this week over the slaying of a Chicago Police officer in the early morning hours on Sunday. Officer Luis M. Huesca was shot to death on the street in the 3100 block of West 56th Street at 2:53 a.m.…
Swanson scores, assists in Red Stars’ win over Reign
Spread the loveThe Red Stars improved to 3-1-1 by beating the Seattle Reign, 2-1, on the road on April 21. Mallory Swanson had an assist on an Ali Schlegel goal in the fourth minute and added a goal of her own in the 31st minute. Swanson missed last season after sustaining a knee injury on…
Red Stars’ Tatumn Milazzo has top Save of the Week
Spread the loveBy Jeff Vorva Correspondent Tatumn Milazzo called her achievement “funny.” The Chicago Red Stars defender and Orland Park native was awarded the NWSL’s Save of the Week after chasing down a ball in a loss to Angel City on April 13. The Save of the Week usually goes to a goalie. Milazzo laughed…
Men’s College Volleyball | Saint Xavier captures fifth straight conference tourney title
Spread the loveBy Jeff Vorva Correspondent The SXU men’s volleyball team won its fifth straight Chicagoland Christian Athletic Conference tournament championship after a 25-16, 25-17, 25-22 sweep of Calumet College of St. Joseph on April 20 at the Shannon Center. Jan Lopuch had 10 kills and nine digs for the Cougars. With the win, the…
College Baseball | Saint Xavier upsets Eastern Illinois
Spread the loveBy Jeff Vorva Correspondent The Saint Xavier baseball team picked up a win that its players are going to remember for a long time. The Cougars stunned Eastern Illinois, 4-2, on April 17 in Charleston. It was the Cougars’ first win over the Panthers, a Division I program, since 2005. Lyons grad Troy…
St. Laurence hoops teams top honor roll
Spread the loveBy Jeff Vorva Correspondent Area basketball teams proved to be strong on the court and in the classroom this season, and St. Laurence was the leader of the pack. The Illinois Basketball Coaches Association compiled a list of the top academic teams, and the area did well. In Division 3 girls, St. Laurence…
Chicago Bears recognize St. Rita senior with All-Star award
Spread the loveBy Jeff Vorva Correspondent Chances are good that few outside of St. Rita football circles know who David Lyle is. With good reason. Lyle missed his senior season for the Mustangs last fall after sustaining a serious knee injury. He even postponed having knee surgery so that he could take care of his…