Illinois SC upholds state’s ban on semiautomatic assault rifles

The Illinois Supreme Court has upheld the prohibition on assault-style rifles and high-capacity magazines, a measure that had received support from Democrats.

This ban was established in response to a tragic mass shooting in the suburb of Highland Park, Chicago, in 2022, which resulted in seven fatalities and numerous injuries.

In a 4-3 ruling, the Illinois Supreme Court dismissed arguments put forth by a group of plaintiffs led by Republican state senator Dan Caulkins.

These plaintiffs asserted that the ban violated the Illinois Constitution by not applying the law uniformly to all residents.

Justice Elizabeth Rochford, a Democrat, stated that the equal protection and special legislation clauses in the constitution did not prevent the state legislature from treating specific groups differently.

This differentiation was justified through exemptions granted to individuals who had undergone firearms training while serving in law enforcement, the military, private security, and those who owned the banned firearms before the ban was implemented.

Rochford, along with three other Democratic justices, expressed in an opinion, “The Act aims to strike a balance between public safety and the expertise of trained professionals, as well as the vested interests of individuals grandfathered under the law.”

Justices Lisa Holder White and David Overstreet, both Republicans, along with Democrat Mary Kay O’Brien, dissented from the Illinois Supreme Court’s decision.

The plaintiffs also argued that the law infringed upon the right to keep and bear arms as guaranteed by the Second Amendment of the US Constitution.

However, Rochford noted that the plaintiffs had not raised this argument in the lower-court proceedings, effectively waiving it.

This Second Amendment argument is central to ongoing federal lawsuits challenging the Protect Illinois Communities Act, which Democratic Illinois Governor J.B. Pritzker signed into law in January.

This law prohibited the sale and distribution of various types of high-powered semiautomatic “assault weapons,” including AK-47 and AR-15 rifles, as well as magazines capable of holding more than 10 rounds for long guns and 15 rounds for handguns.

The US Supreme Court, which is primarily conservative in its composition, established a legal standard last year when it struck down gun restrictions related to carrying concealed firearms in New York state.

This standard could potentially make it more challenging for lower courts to uphold new or existing gun regulations.

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