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Illinois’ ‘Assault Weapons’ Ban Upheld by Supreme Court.

The Illinois Supreme Court Upholds‌ Ban on Semi-Automatic Rifles and ⁤Large Capacity Magazines

In a 4-to-3 decision, the ⁣Illinois Supreme ⁢Court has ⁣upheld the state’s ban on certain semi-automatic rifles and “large capacity‌ magazines.”⁣ This decision, ⁢released on Aug. 11, affirms‌ that the​ law does not violate the Illinois Constitution’s equal protection or three-reading requirement for special legislation.

The court’s ‍34-page decision explicitly states that it‌ does not address the law’s implications on the Second Amendment.

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The⁣ plaintiffs in this case, Decatur Jewelry, ⁤Law Abiding Gun Owners of Macon County, and individuals Dan Caulkins and Perry Lewin, argued that the law violated their equal‌ protection rights and the ⁣state’s requirement for three public ‍readings ‌of a bill before it is passed.

However, the majority ‌opinion ‌of the court stated‍ that the plaintiffs did not raise any direct Second Amendment issues, as equal protection and the right ⁣to keep and bear arms are separate legal⁢ concepts.

Prior to this decision, courts in Effingham County ⁣and Macon County had ruled‍ the law unconstitutional. Illinois Attorney General Kwame Raoul⁣ appealed against those decisions‍ to​ the Supreme Court.

The law, known as the Protect Illinois ​Communities ‍Act, was signed by Gov. J.B. Pritzker in January 2023 and went ⁤into ‌effect ‌on​ Jan. 11. It prohibits certain types of semi-automatic rifles and magazines that hold more than 12 rounds of ammunition.

Under the act, existing firearms are grandfathered in if owners register them ⁣and pay‍ a fee. The ⁢law also extends the term ‌of an ⁣Illinois Firearms ‌Restraining ​Order​ (FRO) from six‌ months⁣ to one year and expands the list of people who can request a FRO from the‍ court.

Additionally, the act​ raises the age to obtain a firearm owner⁤ identification card (FOID) to 21, with exceptions for those serving in‍ the U.S. military or Illinois National Guard. It also allows guardian-supervised hunting or shooting‌ sports.

Act​ Inspired by ⁢Mass Shooting

State‌ Rep. Bob Morgan, a ​Democrat, sponsored the ‍act after a⁤ mass‌ shooting on July 4, ⁣2022. During a July 4 ⁣parade in⁣ Highland Park, Illinois, a 22-year-old man opened fire, killing seven people and injuring many others.

While the law ⁣has faced opposition from ‌most of Illinois’s county sheriffs and several state attorneys, Governor Pritzker⁢ has vowed to enforce it and take ‌legal​ action if necessary.

The law​ has ‌also been ⁤challenged ⁤in federal ⁣court, with U.S. District Judge Stephen McGlynn in East St. Louis presiding over the case.



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