* 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.
