Illinois Governor J.B. Pritzker signed the “Protect Illinois Communities Act,” making it the ninth state in the country to institute an “assault weapons” ban.
Under the new law, Illinois residents are prohibited from possessing nearly 100 different kinds of firearms, which include shotguns, pistols, and semi-automatic rifles like the AR-15. Firearm owners in possession of these weapons must register them with law enforcement or face legal repercussions. The law bans high-capacity magazines and any device that is intended to increase a firearm’s rate of fire. Gun manufacturers are prohibited from selling firearms in the state as well.
This Illinois law, and others like it in various states across the country, is a massive constitutional violation. Because of this, a number of officers in the state are refusing to enforce the law.
At least 30 county sheriffs have issued statements refusing to enforce the assault weapons ban because it violated the second amendment, according to CBS affiliate Central Illinois Proud. Among these was McHenry County Sheriff Robb Tadelman, who stated that the Illinois law is a clear violation of the second amendment and will not be enforced by his office:
“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 enumerated rights 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. I, among many others, believe that HB 5471 is a clear violation of the 2nd Amendment to the US Constitution. Therefore, as the custodian of the jail and chief law enforcement official for McHenry County, that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law abiding individuals that have been charged solely with non-compliance of this Act.“
Statement from McHenry County Sheriff Robb Tadelman
Governor Pritzker responded to the possibility that officers will not enforce this new law by saying, “As are all law enforcement all across our state and they will in fact do their job or they won’t be in their job.”
The Illinois State Rifle Association is already preparing a lawsuit to challenge the constitutionality of this law. Time will tell if this unconstitutional law will be struck down, but there has been a recent string of judicial success for second amendment advocates. A Court of Appeals has recently ruled against the ATF’s bump stock ban, a federal judge blocked a New York law that prohibited gun owners from carrying in public, and the Supreme Court ruled last year that states using “may-issue” licensing systems for individuals to carry in public is arbitrary and unconstitutional.
