USALife.info / NEWS / 2023 / 08 / 12 / ILLINOIS SUPREME COURT MAINTAINS BAN ON SEMIAUTOMATIC WEAPONS
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Illinois Supreme Court Maintains Ban on Semiautomatic Weapons

05:32 12.08.2023

In a highly anticipated ruling, the Illinois Supreme Court has upheld the state's ban on semiautomatic weapons commonly used in mass shootings across the country. In a 4-3 decision on Friday, the court declared that the Protect Our Communities Act does not violate the federal Constitution's guarantee of equal protection of the law or the state constitution's prohibition on special legislation.

The court also determined that State Rep. Dan Caulkins, a Republican from Decatur, and other gun owners who brought the lawsuit had waived their claims that the law infringes upon the Second Amendment. However, it is important to note that the Second Amendment claim is still alive in several federal lawsuits filed in southern Illinois, which have been consolidated and are awaiting action in an appeals court.

The law, which was signed into effect by Democratic Governor J.B. Pritzker in January, bans specific brands or types of rifles and handguns, as well as .50-caliber guns, attachments, and rapid-firing devices. It also imposes a limit of 10 rounds for rifles and 15 rounds for handguns. One of the most prominent firearms targeted by the ban is the AR-15 rifle, estimated to be present in at least 25 million American households, according to research by Georgetown University in 2021.

The legislation was prompted by a horrific mass shooting in Highland Park in 2022, where a shooter armed with a high-powered rifle claimed the lives of seven innocent people and left dozens injured. The incident underscored the urgency for stricter gun control measures in the state.

Unsurprisingly, the law has faced significant criticism from gun-rights advocates, including county sheriffs who have voiced their reluctance to enforce it. Caulkins and other gun owners argued that the semiautomatic ban violates their right to possess firearms, citing the U.S. Supreme Court's 2022 ruling that affirmed Americans' right to carry weapons in public for self-defense. They also claimed that the law infringes on the Constitution's guarantee of equal protection and the state constitution's provision against "special legislation" when a "general law is applicable."

Their arguments found support in a lower court, which agreed that the law unjustly discriminated against certain gun owners. The lawsuit highlighted the fact that individuals who possessed semiautomatic weapons before the law's implementation are allowed to keep them, albeit with restrictions on selling or transferring them. These individuals are required to register their firearms with the Illinois State Police by January 1, 2024. Additionally, exemptions are provided for law enforcement officers, including retired officers, and on-duty military personnel.

Critics have raised concerns that many civilians possess greater experience and training in handling semiautomatic weapons than some law enforcement officers, thereby challenging the exemption provision.

However, the Illinois Supreme Court's decision has brought some clarity to the ongoing legal debate. Governor Pritzker expressed satisfaction with the ruling, emphasizing that the Protect Our Communities Act is a common-sense gun reform law aimed at preventing "mass-killing machines" from circulating on the streets and safeguarding the safety of Illinois residents. He firmly believes that the law preserves the state's leading legislation in combating gun violence and ultimately saving lives.

Nevertheless, this ruling is not the final word on the matter, as several other lawsuits against the ban are still pending in federal court. These cases have been consolidated and are awaiting action in an appeals court. It remains to be seen how the Illinois high court's decision will impact the questions raised in the federal lawsuits, and whether it will set a precedent for similar bans in other states grappling with the issue of gun control.

/ Saturday, August 12, 2023, 5:32 AM /

themes:  Shooting  Military  Illinois

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