The Illinois Supreme Court has recently upheld the state’s ban on the sale and possession of semiautomatic weapons that have been used in numerous mass killings across the country. The court ruled in a 4-3 decision that the Protect Our Communities Act does not violate the equal protection clause of the federal Constitution or the state’s prohibition on special legislation. Additionally, the court stated that the plaintiffs, including state Rep. Dan Caulkins and other gun owners, had previously waived their claims that the law infringes on the Second Amendment, preventing them from raising it before the Supreme Court.
The ban specifically targets various brands and types of rifles, handguns, .50-caliber guns, attachments, and rapid-firing devices. It restricts rifles to a maximum of 10 rounds and handguns to a maximum of 15 rounds. One of the main firearms affected by the ban is the AR-15 rifle, which is estimated to be present in at least 25 million American households. The law was enacted by Democratic Gov. J.B. Pritzker following a high-powered rifle shooting incident in Highland Park in 2022.
Criticism of the law has been widespread among gun-rights advocates, including county sheriffs who have expressed their reluctance to fully enforce it. The plaintiffs argue that the ban violates both the Second Amendment and the guarantee of equal protection of the law. A lower court sided with them in March, but the Illinois Supreme Court’s decision has now overturned that ruling.
One of the central arguments in the lawsuit is that the law was not consistently applied, as individuals who possessed semiautomatic weapons at the time it took effect were allowed to keep them, albeit with restrictions on selling or transferring them. These individuals must register their firearms with the Illinois State Police by January 1, 2024. The ban also includes exemptions for law enforcement officers, including retired officers, and military personnel on duty. Critics contend that many civilians have more experience and training with semiautomatic weapons than law enforcement officers.
The Illinois high court’s decision may have implications for other lawsuits against the ban that have been filed in federal court and are currently awaiting action. However, in May, the U.S. Supreme Court declined a request to block the Illinois ban.
In response to the court’s ruling, Gov. Pritzker expressed his satisfaction and emphasized the importance of the Protect Our Communities Act in ensuring public safety and preventing gun violence. He stated that this decision is a victory for advocates, survivors, and families, as it upholds groundbreaking legislation to combat gun violence and save lives.
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