Gun Rights Advocates Say Proposed Assault Weapon Ban "Absolutely Unconstitutional"
An employee holds a firearm at Metro Shooting Supplies in Belleville.
Top gun rights advocates say they fully expect a Democratic controlled General Assembly to pass a ban on assault rifles and a limit on magazine capacity during a legislative ‘lame duck’ session early next month, but they say the issue will be decided in court.
Richard Pearson, Executive Director of the Illinois State Rifle Association, says the bill, proposed in the wake of a mass shooting that killed 7 and injured 48 during the Independence Day Parade in Highland Park is a broad bill attacking gun owners who have not broken any laws.
“It’s a gun owners nightmare,” he said. “It’s a concoction of every wish the gun control people want.”
Todd Vandermyde, a retired former NRA lobbyist who still actively works on gun issues says he believes a federal court will rule the ban, at least as written, as unconstitutional.
“I don’t believe they have a leg to stand on,” he said. “It’s absolutely [unconstitutional.]”
Vandermyde says he believes the proposal is too broad and puts too many limits on gun owners who obey laws that are already on the books.
“They have drawn an overly broad bill to capture as [many guns] as they can,” he said. “They’re trying to scoop up as much as they can because they always foresee trying to close what they call ‘loopholes’ and every time they do that, they keep casting a broader and broader net.”
While both Pearson and Vandermyde appear sympathetic to the actions that caused such death and destruction in Highland Park, they both say if current laws were enforced, the defendant in the case [who we have chosen not to identify by name] would not have had a FOID card and would not have been able to purchase the AR-15 style weapon he used in the massacre.
“They keep focusing on the instrument and not the individual,” he said. “It doesn’t matter how many times [gun owners] prove we’re good guys. It doesn’t matter how much red tape we go through, how many hurdles we jump, no. They don’t like guns and they’re going to use emotional drive and their projectionism to sit there and get what they want. Fortunately, we have a Constitution and a Supreme Court that says they can’t do that.”
Pearson says current laws should be enforced, specifically citing Cook County State’s Attorney Kim Foxx for failing to prosecute gun crimes in Chicago.
“Police have to start doing their jobs,” he said. “If they get a report about a clear and present danger, the red flag law, they need to go out and investigate. And when you catch these people, you have to do something about it. Nobody does anything about these [criminals,] but it’s our fault? We haven’t done anything wrong. I’m tired of this crap.”
What emboldens gun rights supporters is a recent Supreme Court decision, New York State Rifle & Pistol Association vs. Bruen, which struck down extensive limits on concealed carry and called into question the future of any gun control legislation.
“Given the Bruen [case], there’s no way this can stand,” Pearson said.
Vandermyde says gun control supporters have attempted to frame the debate about modern weapons compared to late 18th century firearms, but says the argument isn’t valid.
“They keep talking about weapons of war. Flintlocks were once weapons of war. Percussion cap rifles were once weapons of war. Bolt action rifles are still used by today’s military and have been ever since the times of the Civil War,” he said. “If [they] want to apply that standard, then the First Amendment doesn’t apply to the internet, TV or radio. Rights are rights. The First Amendment can apply to modern times, so does the Second Amendment. The Supreme Court has expressly said [the Second Amendment] applies to modern firearms.”
While the bill, at least in some form, is widely expected to win legislative approval (it will require just 60 votes in the House and 30 in the Senate after Jan. 1) and Governor JB Pritzker has stated his support for an assault weapons ban, one can expect the issue to head straight to federal court.
“The gun owners of this state have played nice and played by the rules. No matter how law abiding we are, it’s never enough. There are no more negotiations,” Vandermyde said. “Pass the most God awful piece of legislation you can and we will see you in court.”
