Illinois’ sweeping firearms ban certain to end up in court, and some experts doubt it will stand

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Illinois became the ninth state to ban so-called assault weapons, winning praise from President Joe Biden. It also set up inevitable legal challenges from gun rights advocates that could take years for the courts to resolve.

Gov. J.B. Pritzker signs comprehensive legislation to ban military-style firearms on Jan. 10, 2023, at the Illinois Capitol in Springfield. Gun control advocate Delphine Cherry, second from right, who lost two of her children to gun violence, became emotional during the signing.

“It’s clear that the courts are becoming more hostile to gun safety regulations,” said Adam Winkler, a UCLA School of Law professor and author of the book “Gun Fight: The Battle Over the Right to Bear Arms in America.” “The law is going to be challenged, and there is a good chance it will be overturned.”

People who owned such guns before the ban took effect will have to register them, with a serial number, by Jan. 1, facing a misdemeanor for a first offense and a felony for subsequent offenses. The high court’s 6-3 ruling in New York Rifle & Pistol Association v. Bruen found that the “plain text” of the Second Amendment protected the right of the plaintiffs to carry firearms for self-defense.

That test has already led to some “mainstream, widely accepted” gun safety regulations being overturned in other states, Winkler said, including bans on people with pending domestic-violence restraining orders from having a firearm, provisions limiting guns at summer camps and churches, and even a law requiring guns to have serial numbers.

The term “assault weapon” alone is often nonspecific and controversial. Gun rights advocates say it is a manufactured term used by gun control groups to overdramatize certain guns as weapons of war, even though some firearms that bear the ominous designation are commonplace for recreational use. Those laws in many cases are similar, the law center said, but vary in terms of what firearms are defined as “assault weapons,” what exemptions apply to these guns owned before the ban went into effect, whether the laws require owners to register their assault weapons with law enforcement if they owned them before the ban, and other guidelines.

The nation’s highest court, though, has made landmark decisions throughout the years that have been a blow to gun control advocates. State Rep. Martin McLaughlin, a Republican from Barrington Hills, suggested the measure jeopardized someone’s right to defend themselves. On Wednesday, the Supreme Court allowed a new law New York enacted in response to the Bruen ruling to remain in effect while a challenge continues in a lower court. The law places numerous restrictions on where concealed carry license holders can bring their weapons.

 

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They haven’t even defined what an assault rifle is…not sure they even know 😂

To wonton and willfully waste tax payers money, knowing the lower courts or SCOTUS will strike it down, is clearly in defiance against your oath to our Constitution. Sheriffs that deify your orders that are clearly in violation of the Constitution, are upholding their oath.

The problem with your article is not that litigation is in evitable, but that you take the position that the court protecting Second Amendment rights is somehow radicalized. What is radical is depriving people of Second Amendment rights.

Well when you can't fix the economy deflect is always the politicians way

It’s usual for Democrats and their echo-media to blame the crime rate in Chicago on ‘guns.’ It completely absolves the States Atty as she empties jails, & Mayor Lightfoot who talks out of both sides of her mouth. Meanwhile young blacks die at the hands of other young blacks.

A restraining order or injunction should only take weeks from the courts to begin to reverse the Democrat communist unconstitutional law

It will be similar in its intended effects as the illegal fireworks laws we currently have. Oh wait, we’re allowed explosives if we have a permit. 🙄

'And I would have gotten away with it, too--if not for those meddling sheriffs and their mangey Constitution!'

What’s with the “so-called”?

“so called” You’re the entity referring to them as “assault weapons”. You’re literally doing the “so called” part. But you have to qualify your description because you’re lying.

Here's an idea. How about some journalistic integrity? Instead of using the polarizing term 'assault weapons', why not tell us what actually was banned and the pros and cons of the ban instead of inflammatory headlines and an article behind a paywall?

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