Illinois Supreme Court Upholds Black Rifle Ban; SAF Federal Challenge Continues

Illinois Supreme Court Upholds Black Rifle Ban; SAF Federal Challenge Continues
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Estimated reading time: 3 minutes

The Illinois State Supreme Court upheld the state’s ban on so-called “assault weapons” in a close 4-3 decision last week.

However, the Second Amendment Foundation (SAF) states that this does not affect their ongoing federal challenge.

Alan M. Gottlieb, SAF founder and Executive Vice President, expressed disappointment with the state court’s decision.

“While we are disappointed in the state court’s narrow 4-3 decision,” said Gottlieb, “our federal case remains very much alive and we will continue fighting the Illinois ban.”

The federal case, Harrel v. Raoul, sees SAF joined by the Illinois State Rifle Association, Firearms Policy Coalition, Marengo Guns, the C4 Gun Store, and Dane Harrel.

Gottlieb pointed out the political makeup of the court, with five Democratic justices and two Republicans.

The majority opinion, by Justice Elizabeth M. Rochford, gained attention due to her prior speech at an Illinois Moms Demands Action event.

However, Democrat Justice Mary K. O’Brien dissented, emphasizing the importance of constitutional rights.

She wrote, “When we limit people’s rights, even the rights we might not like, we have to do so in a way that honors the Constitution.”

“We are still studying the Illinois high court’s ruling,” Gottlieb added, “but we are confident our case will fare better in the federal court system.”

“It is always unfortunate when a Court fails to uphold constitutional rights,” said SAF Executive Director Adam Kraut. “Fortunately for the people of Illinois, our challenge to the state’s ban on so-called ‘assault weapons’ remains pending in federal court. We look forward to vindicating the rights of the People of Illinois.”

This federal challenge was initiated earlier this year in the U.S. District Court for the Southern District of Illinois. Attorney David Sigale of Wheaton represents SAF and its partners.

A motion for a preliminary injunction in the case was filed by SAF on Jan. 25.

In contrast, gun safety advocates celebrated the Illinois Supreme Court’s decision.

The court reviewed the Protect Illinois Communities Act, especially provisions restricting “assault weapons” and “large-capacity magazines.” This act was signed after the Highland Park tragedy, where seven people died.

Nick Suplina, from Everytown for Gun Safety, stated, “Weapons and accessories designed for the battlefield shouldn’t have a place in our communities.”

“Communities across Illinois cannot afford another tragedy like Highland Park to occur and today’s decision by the Illinois Supreme Court ensures that we can keep these deadly weapons of war off our streets,” he continued.

Illinois Gov. J.B. Pritzker (D) also praised the ruling.

In a statement, he said it’s “a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives.”

There is no evidence that banning so-called “assault weapons” reduces violence. Stay tuned for updates.

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  • joe blow August 19, 2023, 9:54 am

    its time to leave hellinois when the state nolonger honors or represents the citisens constitutional rights! but only reacts to knee jerk actions of crimnals. thus making the people of hellinois by passing unjust laws we never asked for or want. but rather than put up with their jack boot laws i will leave this state taking my legal firearms with me!!!

  • Eric Stevenson August 18, 2023, 1:41 pm

    If we want to save countless lives let focus on the Fentanyl issues that kill more than 100,000 people every year.

  • Kane August 16, 2023, 12:24 pm

    Illinois should drop that “Land of Lincoln” non-sense. Lincoln was a if nothing else a Republican, Illinois is a long standing Democrat super-majority. Instead, IL should put left-wing frauds like Saul Alinsky or Barry Soetoro on the license plates or even Lenin, Marx and Mao.

    The IL SC surprised no one by supporting this gun ban, that gun ban or any future gun bans , no matter the oblivious procedural violations with this legislation.

    Also, the corpulent Governor, Jay Bob Pritzker has signed legislation where illegal immigrants will be eligable and encouraged to become LEO’S. So it will come to pass that a massive patronage army of illegal aliens including the Sheriffs Departmants (the only LE organizations to stand up to Jay Bob) will be arresting law abiding US citizens because the ultra rich left-wing Governor has signed un-Costitutiona Laws into the books. Soon a rimfire firearm like a Ruger 10/22 “high power” could be the catalyst for fining, jailing and totaly destroying political enemies like the “J6” false flag operation.

    Shutting down political enemies utilities and bank accounts will also be part of the leftwing police state.

    • Blue Dog (he/him) August 17, 2023, 3:43 pm

      It is not Lincoln’s legacy that left the Republican party but rather the Republican party who has left Lincoln’s legacy, that all people are created equal. It was the parties that switched, when the Dixiecrats could no longer tolerate the progress of the arc of history, they became Republicans. Even into the 1960s the Democrats had to fight their own worst constituents to better the country.

      Maybe they should put Barry H. Soetero on their license plates – truly an American to celebrate.

      Citing Lincoln in a debate about gun violence? He did have some personal experience with gun violence there at the end. He might be open minded about common sense reform today.

      • Thomas Murphy August 18, 2023, 11:46 am

        Your lack of historical knowledge is astounding. There was no “Big Switch” of the parties in the 1960s. Strom Thurmond left the Dixiecrats to become a Republican, the rest of the Dixiecrats stayed democrats until they died. You can easily research that, if you’re not too scared to be proven wrong. As for the democrat party, they were no friends to the blacks in the 60s. The CRA and VRA were passed by the Republicans, in spite of the democrat pushback. LBJ, himself a massive racist and liar, signed the CRA and VRA to keep the blacks on the “plantation”. He actually said of the landmark bills that it would “keep the “N”-words voting democrat for a generation.” Please feel free to fact-check me, if you dare. After that, feel free to come back and apologize.

        • DIYinSTL August 18, 2023, 2:28 pm

          There is no verifiable record about Johnson’s statement though it is certainly believable. More accurately he said ‘If we can get this thing passed then the N*****s will vote Democrat for the next 200 years.’ So far, despite the epithet, he has been proven correct.

        • Blue Dog (he/him) August 18, 2023, 9:01 pm

          Fact-check: FALSE. LBJ said 200 years, not a single generation!

          That is my point about the parties switching their positions, in the 60s, the Republicans passed a suite of bills to help the marginalised and the Democrat party was about half-filled with corrupt cross-burners. And, like you said, Strom Thurmond switched to Republican. Those Dixiecrats that didn’t take their cross-burning corruption to the other side of the aisle died off. Our accounts of history here have more in common than you think, Thomas.

          • Kane August 20, 2023, 10:30 pm

            UPATE- The Republican House voted voted for the 15th Amendment 144 to the Democrats 0.

            The Dems tried to undermine Black voting rights at every point even after FDR flipped most Blacks from Republicans to Democrats. JFK was trying to manage the Dem party schism but to no avail. It took an old Klansman, LBJ, to play his part in the part in the Regicide of a duly elected President before the dead man’s policies would be adopted by the party. You party hack Dems must be so proud. The “Hegelian Dialectic” is runing wild over the JFK, RFK, MLK and even Lincoln assassinations. Disarm the “deep state.”

            Before he was finished, BD lets it slipped that he wants Black Powdered Single Shot Deringer’s banned and he calls it “common sense reform.” Not the first anti-2A gun owner that I have crossed paths with before.

          • Blue Dog (he/him) August 21, 2023, 8:53 pm

            Kane, you are making my point for me. The parties have switched. The 15th Amendment would not pass the House today along party lines. The Lincoln Republicans were interested in the equality of man and the Democrats opposed progress. Today, Democrats fight for the equality of all mankind and the Republicans oppose progress and the arc of history. Some Klansmen reformed and fought for equality, like LBJ, albeit with impure motives. Some former Klansmen just switched parties and kept acting the same. Both deserve grace – you don’t want grace to be canceled, do you, Kane? That is how outrage destroys lives, ends debate and endangers democracy. 😉

            Is it still an update if the news is 150 years old?

            I have never called for banning any cap and ball weapons.

          • Kane November 11, 2023, 10:10 am

            “Citing Lincoln in a debate about gun violence? He did have some personal experience with gun violence there at the end. He might be open minded about common sense reform today.” -BD

      • Hondo August 18, 2023, 1:51 pm

        Lol you are an idiot.

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