Illinois Supreme Court Upholds Assault Weapons Ban
The Illinois Supreme Court building in Springfield.
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The Illinois Supreme Court has upheld the state’s ban on the sale of assault weapons and high capacity magazines.
In the 4-3 decision issued Friday, with Democrat Mary K. O’Brien joining the two Republicans in dissenting, the court rejected a challenge made by Rep. Dan Caulkins (R-Decatur) that the law didn’t treat gun owners equally because they could own an assault weapon, like an AR-15 style rifle, but they weren’t allowed to buy one. The Caulkins suit also argued the law as “special legislation” that violated the second amendment to the U.S. Constitution.
In her opinion, Justice Elizabeth Rochford wrote buying the weapon and owning the weapon are not the same.
“To the extent plaintiffs allege they do not already possess restricted items, they are prohibited from acquiring new ones, while the grandfathered individuals may retain theirs. But unlike plaintiffs who do not already possess restricted items, the grandfathered individuals have a reliance interest based on their acquisition before the restrictions took effect,” Rochford wrote. “By pointing out that those who already possess restricted items may retain them under the grandfather provision, the complaint makes clear that plaintiffs are not similarly situated to the exempt class.”
Republican Justice Lisa Holder White wrote the dissent, arguing the legislature can’t act on second amendment issues.
“This great nation was founded on the premise that the right of law-abiding citizens to bear arms is essential to what it means to be a free people. The right of law-abiding citizens to possess firearms and to arm themselves to protect their families, their homes, and themselves must not be infringed,” she wrote. “Belief in the previously mentioned precepts in no way diminishes the fact that all law-abiding citizens desire safe communities where schools, workplaces, houses of worship, and public gatherings are free from gun violence. The tension between the previously mentioned tenets are why this case is of such importance to the people of the state of Illinois. However, if this court is to adhere to the Illinois Constitution, we cannot address the question of the firearm restrictions at issue in this case.”
At a hastily organized news conference at the State Fair Friday morning, Caulkins said he wasn’t surprised by the ruling.
“The odds have always been against us,” Caulkins said, criticizing Justices Rochford and O’Brien for receiving large campaign contributions from Pritzker, even though O’Brien sided with him. “The Illinois Supreme Court has shown itself to be very political.”
In a statement Friday, Governor JB Pritzker praised the ruling.
“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,” he said. “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.”
Attorney General Kwame Raoul, who defended the law in court, also supported the ruling.
“We are firmly committed to protecting Illinois residents from the gun violence that impacts too many communities throughout the state,” he said in a statement. “We will continue to defend the constitutionality of the Protect Illinois Communities Act and other measures that reduce gun violence in our communities.”
Multiple challenges to the law are still pending in federal court, which many observers believe to be more likely to succeed than the case in state court.