Illinois Passes “Assault Weapons” Ban: Sheriffs Say “No”

Illinois has become the latest state to buck the Supreme Court’s Bruen Decision by pushing through an “assault weapons” ban at the last minute during their lame duck legislative session. The ban has long been on Democrat Governor J.B. Pritzker’s wish list, and he quickly signed the so-called “Protect Illinois Communities Act” into law. Illinois State Rifle Association estimates that 2.5 million legal firearms owners will be affected. The law was effective immediately and Illinois residents have until 2024 to comply.

Armalite Rifles
These rifles are now illegal to transfer in Illinois. Current owners have until 2024 to register with the state. (Reuters/Jeff Mitchell)

Lawsuits Pending

At least three gun rights organizations have announced their intention to challenge the law, including the Illinois State Rifle Association. “Almost the entire bill is a Constitutional issue,” said Executive Director Richard Pearson. “Magazine bans have been sent back,” he continued. “We have firearm registration. We have common use provisions. So, we have all kinds of things in that bill, you know, that will incur Constitutional challenges.”

The Second Amendment Foundation (SAF) has also announced a federal suit against the law. “We will not allow this blatant attack on the right to keep and bear arms to go unchallenged,” said SAF Executive Vice President Alan Gottlieb.

McClean County Sheriff Matt Lane Tweet
Dozens of Illinois sheriffs are refusing to enforce the new law, saying it is unconstitutional.

Finally, the National Rifle Association said that it “will fight this unconstitutional ban.” Other groups and individuals may do the same, as happened in Oregon in November. Don’t be surprised to see both federal and state challenges.

Illinois Sheriffs Say “No”

As of this writing, 85 of Illinois’ 102 county sheriffs have stated that they will not enforce the law to one degree or another. Only three counties have come out in support. Most say the law is unconstitutional. Edwards County Sheriff Darby Boewe posted the following statement on social media:

“Part of my duties that I accepted upon being sworn into office was to protect the rights provided to all of us, in the Constitution. One of those rights enumerated is the right of the people to KEEP and BEAR ARMS provided under the 2nd Amendment. The right to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right by the people. Therefore, as custodian of the jail and chief law enforcement officer for Edwards County, neither myself or my office will be checking to ensure that lawful gun owners register their weapons with the state, nor will we be arresting or housing individuals that have been charged solely with non-compliance of this act.””

Many other sheriffs released almost identical statements, indicating that they are communicating with one another on the law’s implications.

Illinois support for or against assault weapons ban by county
As of this writing, 85 of 102 Illinois counties oppose the new law to one degree or another. (Guns & Gadgets YouTube Channel)

Governor Pritzker’s spokesperson, predictably, responded by calling the statements “political grandstanding at its worst.” He also said that “Sheriffs have the constitutional duty to uphold the laws of the state, not pick and choose which laws they support and when.”

And that’s where Pritzker’s mouthpiece is wrong. The statement notes that sheriffs have “a constitutional duty,” but that duty is to the United States Constitution, as well as the Illinois Constitution. The US Constitution’s Supremacy Clause means that the former outweighs the latter. So, these sheriffs are absolutely abiding by their oaths as Constitutional officers, unlike politician-controlled police chiefs.

Pritzker also asserted that the Illinois State Police and local police forces will enforce the law. That could get interesting.

Speaking of Political Grandstanding

Pritzker and his activist supporters mouthed the same talking points about “public safety” while totally ignoring the ongoing Chicago bloodbath, in which the targeted firearms play almost no part. But such bans have never been about safety. It’s all about pushing high-profile legislation aimed at bringing in big bucks from billionaire-funded organizations like Everytown for Gun Safety and Moms Demand Action. Pritzker is a billionaire himself, but he’s eyeing the White House, and there’s big money in gun control.

Illinois Governor J.B. Pritzker
Illinois Governor J.B. Pritzker (news.yahoo.com)

Plus, as with all gun control, the law targets responsible gun owners while doing nothing to curtail crime. For the thousandth time, at least, the operative word in “gun control” is “control.” Never mind that the law will likely be slapped down. The gun controllers will grab everything they can in the meantime.

Pritzker says he is confident that the law will hold up in court. New York, New Jersey, Oregon, and California thought the same, but it’s not looking great for them right now. Unfortunately, it’s not illegal to knowingly pass unconstitutional laws. To those who seek power in the name of “safety,” it’s worth the effort. Meanwhile, the rest of us can only fight back. But we are fighting back and we’re winning. It will just take a while because tyrants gonna tyrant. We’ll keep you updated on this issue and others like it.

William "Bucky" Lawson is a self-described "typical Appalachian-American gun enthusiast". He is a military historian specializing in World War II and has written a few things, as he says, "here and there". A featured contributor for Strategy & Tactics, he likes dogs, range time, and a good cigar - preferably with an Old Fashioned that has an extra orange slice.

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