* Even that “friendly” Kankakee County judge said many similar claims about the SAFE-T Act were bogus. From a press release…
Devore argues the [assault weapons ban] law violates the Single Subject clause of the Illinois Constitution by amending a bill that has nothing to do with gun laws and it violates the three readings requirements of the Constitution through the concurrence motions that led to the bill’s passage. He also argued the new law violates the Due Process clause by not giving lawmakers enough time to read what is in the legislation before voting on it. In addition, he argued it violates the Equal Protection clause by allowing some but prohibiting others from purchasing certain types of firearms.
AP…
Attorney General Kwame Raoul’s lawyers argued the restraining order should be denied in part because the merits of the coming lawsuit will fail in court. The record will show the legislation was read publicly three times, that it covers a single subject — guns — and that the plaintiffs show no evidence that the exemptions for possessing the restricted weapons are doled out unfairly.
“The act’s exceptions for professionals with specialized firearms training and experience, such as law enforcement and members of the military, easily survive rational basis scrutiny,” the state’s response says.
The AG’s full response is here.
The suit may be frivolous, but it’s in Effingham County. Attorney General candidate Tom DeVore won that county with more than 80 percent of the vote.
* The state suits are mainly for show and to create a little temporary chaos. The federal lawsuit filed by ISRA will likely have more heft. From the Federalist…
While several federal appellate courts have held that similar bans on so-called assault weapons are constitutional, in June of 2022, the U.S. Supreme Court in Bruen held that in judging whether a challenged statute violates the Second Amendment, the appellate courts have been applying an incorrect legal standard. The Supreme Court then declared that the proper test for assessing whether a law impermissibly infringes on an individual’s Second Amendment right is whether the government can “affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”
Then, noting that modern firearm technology differs from that available at the founding, the Supreme Court in Bruen directed the lower courts, when faced with cases “implicating unprecedented societal concerns or dramatic technological changes” to follow “a more nuanced approach” and “conduct … reasoning by analogy” to determine whether a modern firearm regulation would be “unimaginable at the founding.” The Supreme Court added that “whether modern and historical regulations impose a comparable burden on the right of armed self-defense and whether that burden is comparably justified are ‘central’ considerations when engaging in an analogical inquiry.”
It is kinda weird that judges are supposed to mind-read people who’ve been dead for more than 200 years. But, whatever, they made the rules. We have to live with them. I think several valid arguments can be made under those rules that the law is constitutional, but this game is deliberately designed to be more like Calvin Ball than true deliberation.
* Speaking of ISRA, Richard Pearson was interviewed by WBEZ’s Sasha-Ann Simons today. An excerpt…
Simons: There’s a Gallup poll out from November of 2022, saying that 57% of Americans are in support of stricter gun laws. I imagine that is due to the fact that tens of thousands of folks are dying every year, Richard, in this country from gunshot wounds. It’s a fact. Mass shootings, they’re on the rise. Are you ignoring that, like the state representative suggested?
Pearson: No, I’m not ignoring that, but you’re ignoring the numbers. You know, about 80…
Simons: What numbers am I ignoring?
Pearson: I’m gonna tell you if you shut up for a minute.
Simons: Excuse me?
Whew.
A few seconds after that exchange, Simons understandably shut down the interview.
*** UPDATE 2 *** Good move…
* Daily Herald last week…
A Facebook post by Lake County Sheriff John Idleburg Thursday night expressing his support for the state’s ban on high-powered weapons prompted more than 2,000 comments, both from detractors and supporters, within 24 hours. […]
Several critics of Idleburg’s stance brought up his race. One commenter questioned how Idleburg ever became a police officer, to which another user replied, “color.”
“I would really hope in the year 2023, people would not use race or other protected status to disrespect others, but unfortunately, I have seen some of the comments where people have been very insulting over my race,” Idleburg said. “I won’t let the racist comments disparage the unbelievably hardworking and dedicated staff we have at the sheriff’s office.”
The post is here.
Today…
To the People of Lake County:
We are the ten (10) Illinois State Senators and Representatives that represent the overwhelming majority of you and your families in Lake County. Last week Illinois enacted the Protect Illinois Communities Act which joins eight (8) other states in banning the sale of assault weapons, and adopts other essential public safety measures like banning the sale of high capacity magazines, fighting illegal gun trafficking, and expanding our red flag laws.
We are grateful to our Lake County leaders like State’s Attorney Eric Rinehart, Sheriff John Idleburg, and Lake County Board members who have stood in support of these life-saving new laws. Our communities continue to heal not just from the Highland Park Fourth of July mass shooting, but from individual gun violence, suicide by firearm, school lockdowns for our children, and other trauma resulting from gun violence.
Sadly, some elected officials in other parts of the state have pledged to ignore their oath of office with the intention of not enforcing the law. Even worse, cowardly anonymous social media accounts have turned to threats and racism against our elected officials.
Please know that your senators and representatives will continue to do everything in our power to keep your community safe, and will stand in strong support of our local leaders who are doing the same.
Sen. Mary Edly Allen, 31st District
Sen. Adrianne Johnson, 30th District
Sen. Julie Morrison, 29th District
Rep. Jonathan Carroll, 57th District
Rep. Daniel Didech, 59th District
Rep. Laura Faver Dias, 62nd District
Rep. Joyce Mason, 61st District
Rep. Rita Mayfield, 60th District
Rep. Bob Morgan, 58th District
Rep. Nabeela Syed, 51st District
* Meanwhile…
*** UPDATE 1 *** More heat on the DuPage County Sheriff from the area’s congressional delegation…
Today, U. S. Representatives Sean Casten (IL-06), Delia Ramirez (IL-03), Jesús “Chuy” García (IL-04), Mike Quigley (IL-05), Raja Krishnamoorthi (IL-08), and Bill Foster (IL-11) sent a letter to DuPage County Sheriff James Mendrick expressing concern over his January 11th statement that he will not enforce the Protect Illinois Communities Act (H.B. 5471). The legislation bans the sale and distribution of assault-style weapons, high-capacity magazines, and switches in Illinois.
“As Sheriff, you do not have the authority to set enforcement priorities based on your personal views of a law’s constitutionality” the lawmakers wrote. “Moreover, by choosing not to enforce the law, you will put the safety of DuPage residents and law enforcement officers at risk. To that end, we request that you immediately rescind your January 11, 2023, statement and clarify that you will uphold your office’s mission statement, including your duty to ‘enforce the laws of the State of Illinois and the county of DuPage in a fair and impartial manner.’ It is clear that your statement was misguided and erroneous due to the widespread condemnation from DuPage County residents, several county board members, and state legislators.”
Earlier this month, the Illinois General Assembly passed the Protect Illinois Communities Act, subsequently signed into law by Governor JB Pritzker. On January 13th, DuPage County Sheriff James Mendrick announced that, due to his personal beliefs about H. B. 5471, he would not enforce the law in DuPage County.
In October 2022, the DuPage County Board voted to approve a resolution in support of legislation banning the sale of assault-style weapons.
The letter is here.
* Related…
* Catholic bishops applaud Illinois weapons ban: “The Catholic Conference of Illinois would like to commend the Illinois General Assembly and Governor J B Pritzker on banning assault weapons and high-capacity magazines with the passage of House Bill 5471,” read a statement posted on the website of the state Catholic conference. “Too many times our state has witnessed the horror of mass shootings, and we hope this legislation will help to provide some peace in our communities going forward,” the bishops continued.
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Live coverage
Thursday, Jan 19, 2023 - Posted by Isabel Miller
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* CNBC’s Squawk Box interviewed Gov. Pritzker at Davos today…
Q: Tell us what the message is, because we’ve been hearing from a lot of different business leaders quite publicly, as you know, who’ve been talking about the city of Chicago, the state of Illinois, and to be quite blunt about it, a lot of them say they want to get out.
Pritzker: Well, that’s not what we’re hearing, in fact, to you, but you saw that Kellogg moved to Chicago just recently. So just another example of corporate headquarters coming to Illinois, and we’re doing a lot to attract business and retain businesses. We had one business that left Citadel because, frankly, he lost a political election, trying to unseat me, and, you know, wanting to get out and made as an excuse that we have high crime but the reality [crosstalk] not about my run for reelection. he just decided he didn’t want me as governor and so he went after me, and spent $50 million trying to take me out. But the reality of Miami where they have a worse [crosstalk]
Q: You’re talking about [crosstalk] Citadel. Tell us about that, though. Did you guys ever have a conversation yourselves about this?
Pritzker: Not about my run for reelection. He just decided he didn’t want me as governor. And so he went after me and spent $50 million trying to take me out. And then another guy rich, Richard Uhlein, who owns Uline, spent another $55 million trying to take me out in the same election. And look, I you know, I’ve talked to Ken Griffin. I’ve known him for a number of years. We still have a major Citadel headquarters in Chicago, and quite a number of people still working there. They haven’t moved jobs. And we’re glad to have them in Illinois, but I’m sorry he left.
Q: But it’s not political to say for example, the CEO of McDonald’s, for example, has raised concerns about the security issues in Chicago.
Pritzker: And I’ve sat down with him to talk to him about that. I think his comments are not inappropriate to talk about the safety and security, public safety of people in the city of Chicago and and what that means for business, and we’re doing actually quite a lot to address that, both in crime prevention dollars applied so that we’re intervening on the street literally providing jobs for young people. And then of course, you know, we just passed the assault weapons ban in the state of Illinois and that’s going to help, but crime is coming down gradually in the city and across the state. It’s going to take a little while, these things don’t come down immediately. But it’s getting better.
Q: Governor, you know the other side would say that it’s, you know, no cash bail and lenient prosecutors. You got to approach it a whole different way. And I guess the mayor, obviously Chicago gets a lot of criticism on that as well. You’re sure that the cure that you’re prescribing is what needs to be done?
Pritzker: It’s working. And the reality is that when you talk about no cash bail, you know, people misunderstand that [crosstalk] that doesn’t mean that you’re just letting you double doors [crosstalk]
Q: By the way, the state of New York though we’ve had we have a similar issue. In fact an employee from Goldman Sachs was killed in in the subway, this just earlier this year, after somebody who was let out on bail, probably should not have clearly should not have been [crosstalk]
Pritzker: Exactly the point that is violent criminals shouldn’t be let out, right. But when you’ve got somebody who committed a non-violent offense, and frankly, that would be kept in jail…
Q: That’s a broken windows argument… ,
Pritzker: …because they just don’t have a few hundred dollars. That’s not a [crosstalk] it’s an injustice.
Q: Some people say, when you let the broken windows, that whole idea that if you let minor crimes go without any punishment, that it’s just, the whole environment seems to be more lenient, and it just leads to more serious crimes. You don’t adhere to that.
Pritzker: It’s the serious criminals that are, you know, they’re committing the violent crimes. So, those are the ones, it’s not people who are committing shoplifting that are going out…
Q: If 100 People, what if 100 People go in and steal from stores…
Pritzker: I understand. They should be held accountable. That’s not the suggestion that we’re not holding them accountable. The issue is that it’s violent criminals that need to be [crosstalk] without bail. Because right now, if you’re wealthy enough, you can simply buy your way out. You’re a wealthy drug dealer, you can buy your way out.
And then the video ends.
Lot of Mayor Giuliani hardliners on that network, apparently.
* Related…
* Northeastern University researchers find little evidence for ‘broken windows theory,’ say neighborhood disorder doesn’t cause crime: More than 35 years ago, researchers theorized that graffiti, abandoned buildings, panhandling, and other signs of disorder in neighborhoods create an environment that leads people to commit more crime. In the “broken windows theory,” as it has come to be known, such characteristics convey the message that these places aren’t monitored and crime will go unpunished. The theory has led police to crack down on minor crimes with the idea that this will prevent more serious crimes, and inspired research on how disorder affects people’s health. Now, Northeastern researchers say they have debunked the “broken windows theory.” In research published in the Annual Review of Criminology and in Social Science & Medicine, they have found that disorder in a neighborhood doesn’t cause people to break the law, commit more crimes, have a lower opinion of their neighborhoods, or participate in dangerous or unhealthy behavior. “The body of evidence for the broken windows theory does not stand, in terms of how disorder impacts individuals,” said Daniel T. O’Brien, associate professor in the School of Public Policy and Urban Affairs and the School of Criminology and Criminal Justice at Northeastern.
* ADDED: Is Bail Reform Causing an Increase in Crime?: As jurisdictions throughout the U.S. consider reducing or eliminating the use of pretrial detention and cash bail, criminologists Don Stemen and David Olson of Loyola University Chicago examine whether crime has increased in places that have implemented bail reforms since 2017. In Is Bail Reform Causing an Increase in Crime?, the authors examine eleven jurisdictions that constrained or ended use of these long-established practices and found “no clear or obvious pattern” connecting bail reforms and violent crime. They conclude that “reducing pretrial detention and eliminating money considerations from decisions about detention have had minimal negative effects on public safety” and that, considering the harmful effects of pretrial detention on defendants, bail reforms might, in fact, “improve the well-being of communities most impacted by crime.”
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* WTTW’s Paris Schutz interviewed Jefferson County Sheriff Jeff Bullard last night about the new assault weapons ban…
Paris Schutz: At the same time, Sheriff, though, I mean, you say that this does violate the Second Amendment. I think there’s still a question of that, even the most conservative Supreme Court justices have said the Second Amendment is not absolute. There is no absolute right to keep and bear arms. There will be limitations and this is sort of the gray area being litigated. You mentioned some case law, but how can you confidently say it’s constitutional when there still are these questions about it?
Sheriff Bullard: Well, the, to answer that, is because I can read the English language and I can read the Constitution. And unfortunately, the Supreme Court justices who have ruled in the matter have stepped outside of their authority. The Constitution does not give the Supreme Court the right to infringe rights either and the Second Amendment states ’shall not be infringed’ and there has been infringements over the years in government and the people have allowed that to a point. And but that’s not something that was ever within my control. But what is in my control since December 1st of 2018, as the Sheriff of Jefferson County, is that if I see a civil rights violation occurring in my county, I’m duty-bound to stop it. And I can say with 100 percent certainty that the Protect Illinois Communities Act is a violation of the Second Amendment. Registering firearms, forcing registry of firearms turns a second amendment from an inalienable right…
Paris Schutz: You’re gonna stop the Illinois State Police from trying to register those firearms?
Sheriff Bullard: I have put out a notice to the people Jefferson County that if they’re being harassed by agents of governments who are violating any civil liberties that they should contact me so I can be aware of it and develop a strategy on how to deal with it.
This is what Sheriff Bullard said on Facebook…
In the meantime, any citizen who’s having a problem with any agent of government that’s trying to enforce this act in my county, you need to contact me so we can make sure that citizens’ rights are protected in this county, because as your sheriff, public safety is my priority, but it must be followed inside the guidelines of the Constitution.
Your local law enforcement leaders are your experts on public safety. And a vast majority of us understand that gun control is not the answer to public safety, that disarms law abiding citizens and makes them less capable of protecting themselves from people who would victimize them, that do not pay attention to laws like the Protect Illinois Communities Act anyway.
Say whatever you want, but this topic has not been litigated through the top court. Everyone on the pro-gun side is so very sure that the US Supremes totally have their backs. But as we’ve seen before, that doesn’t always work out.
* From Lake County Sheriff John Idleburg…
There have been many questions on where I stand regarding the assault weapons ban bill just signed into law. Following the horrifically tragic mass shooting right here in Highland Park, not seven months ago, along with the mass shootings we see on a weekly basis across our nation, I issued a statement, which remains true today.
I said: “As a society, so many have become numb to mass shootings as we read about them nearly every day. Then, on Independence Day, when our families, our children, our friends, were gathered along parade routes to celebrate this nation’s independence a calculated coward unleashed unprecedented terror on our community with a weapon of war. I truly hope this is the last mass shooting we live through before assault-style rifles are banned. Assault-style rifles are nothing more than killing machines, and they have no place in a civilized society. It is time action is taken. While the intent of my message is not meant to be political, I feel the most significant action that can be taken to minimize and prevent further carnage is by enacting a full ban on assault-style rifles.”
While I am a believer in our Constitution and our 2nd Amendment, I firmly support the ban on assault-style rifles and I truly hope our federal government follows to ban them nationwide. Since our Constitution and the 2nd Amendment were formed, firearms have become much more sophisticated and much more deadly. Our Founding Fathers were not loading .223 rounds into their muskets. They were not using firearms designed to disintegrate human bodies. As I said following the Highland Park mass shooting, these weapons of war do not belong on our streets. They’re used to kill our police, used to kill innocent people, and used to inflict maximum carnage on their victims.
Our Illinois legislators discussed and created a bill, which was amended several times, after input from law-enforcement and other stakeholders. The bill was voted on and passed. It was then signed by the governor, which makes the bill law. I, as your Sheriff, am sworn to enforce the law. It’s incredibly dangerous for me to cherry-pick and enforce only laws I agree with, or only laws I feel are important. That is not what our Constitution of the State or Illinois intends for law-enforcement. That is not what the people of Lake County or Illinois deserve.
It’s important to note, unfortunately many remain very divided in this country, which leads to mudslinging, hate, rumors, false information, and innuendo being spread, instead of fact. I ask everyone to take a deep breath. I encourage those who haven’t read the law to give it a read for themselves, instead of listening to others who might be spreading misleading or false information.
This law does not mean our deputies will be going door to door, asking for documentation on weapons. It does not mean we are forming a team to search your home for weapons. Like everything else we do in our profession, we will use discretion and common sense.
I, along with other Lake County leaders have heard from thousands of people who support this legislation. I stand with the people of Lake County, and I will always do everything in my power to keep you safe.
* Meanwhile, from ISRA…
Lawful gun owners from around the State of Illinois, along with the Illinois State Rifle Association (ISRA), the Firearms Policy Coalition, Inc., and the Second Amendment Foundation, have filed a federal lawsuit in the United States District Court for the Southern District of Illinois against Illinois Attorney General Kwame Raoul, the Director of the Illinois State Police Brendan Reilly, and numerous Illinois States Attorneys challenging Illinois’ new law.
On January 10, 2023, Illinois Governor JB Pritzker signed legislation that enacted an extensive ban on firearms and high-capacity magazines in the state. Plaintiffs say the new law infringes on the rights of law-abiding citizens to keep and bear commonly possessed firearms and ammunition magazines for the defense of self and family and other lawful purposes.
“Governor Pritzker and the legislators who voted for this law did this for self-serving political purposes and are not upholding the United States Constitution,” said Richard Pearson, Executive Director of the ISRA. “The 2nd 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 real problem is that there are existing gun laws that do not work because they are not enforced,” Pearson added. “We would all be much safer if the police had the resources they need, and there were stronger consequences for the non-law-abiding citizens.”
A resident of St. Clair County and two Illinois gun stores join the three non-profit organizations seeking declaratory and injunctive relief.
Click here for the lawsuit.
…Adding… I missed the funny little typo. Brendan Reilly is a Chicago alderman. Brendan Kelly is ISP director.
*** UPDATE 1 *** “U.S. Supreme Court declines to block New York gun restrictions,” from Reuters…
The U.S. Supreme Court on Wednesday turned away a challenge by a group of firearms dealers in New York to numerous Democratic-backed measures adopted by the state last year regulating gun purchases that the businesses said hurt their businesses.
The justices, with no public dissents, denied a request by the dealers to block the laws, some of which imposed gun safety requirements on retailers, while their appeal of a lower court’s decision in favor of New York proceeds.
The state’s Democratic-led legislature passed some of the laws last June. Others were adopted in July after the Supreme Court the prior month struck down New York’s limits on carrying concealed handguns outside the home in a landmark ruling expanding gun rights.
*** UPDATE 2 *** The federal case is far more important, but “friendly” county judges can easily muck up the works…
*** UPDATE 3 *** AG Raoul press release…
Over the last few years, my office has become accustomed to facing a barrage of challenges to newly-enacted state statutes and executive orders. As we have done previously, we are prepared to defend the Protect Illinois Communities Act in courtrooms around Illinois. As in other actions, we recognize that the act’s constitutionality will ultimately be decided by a higher court, and we will continue to defend it throughout the appellate process. This law is an important tool in our fight to protect Illinois residents from gun violence, and in the event that a court stays the statute’s effective date pending appellate review, we are committed to pushing for a quick resolution.
Here’s the state’s outline. We’ve seen most of these tired arguments fail over the years in various suits, but click here for the whole thing…
I. Plaintiffs are unlikely to succeed on the merits of their claims.
A. Plaintiffs’ single-subject challenge fails because the Act’s provisions all relate to the regulation of firearms.
B. The Illinois Supreme Court’s enrolled billed doctrine forecloses Plaintiffs’ challenge under the three-readings clause.
C. Plaintiffs’ attempt to recycle their single-subject and three-readings challenges as a procedural due process claim fails as a matter of law.
D. Plaintiffs’ equal protection challenge fails because the Act’s exceptions draw a rational distinction based on military and law enforcement training and experience.
II. CONCLUSION
Plaintiffs have not shown they will suffer irreparable harm without a TRO.
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Live coverage
Wednesday, Jan 18, 2023 - Posted by Isabel Miller
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