* 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.
