Topline
The Illinois Supreme Court upheld an assault-style weapons ban Friday, siding with lawmakers who have been working to put restrictions on gun purchases in place since a mass shooting at a Fourth of July parade in 2022, as Democratic-led states throughout the country attempt to pass stricter gun control laws in the absence of federal legislation.
Illinois Gov. J.B. Pritzker signed a bill into law earlier this year banning assault-style rifles … [+]
Key Facts
The court ruled mostly along party lines Friday handing down a 4-3 decision.
Democratic Justices Elizabeth Rochford, Joy Cunningham, P. Scott Neville and Chief Justice Mary Jane Theis—ruled in favor of the state, while Republican justices Lisa Holder White and David Overstree penned a joint dissent and Democratic justice Mary Kay O’Brien wrote a separate dissent.
Friday’s ruling was in response to a lawsuit filed earlier this year by Illinois state Rep. Dan Caulkins (R) and others who argued the ban violated the equal protection clause of the state constitution.
Illinois joins 10 states including Delaware, Connecticut, California and others that have restricted access to assault-style weapons in their states.
States that have passed gun control laws in recent years have faced frequent legal challenges, including a challenge to a New York law on concealed carrying of weapons that led the Supreme Court to strike down the law in 2022.
Key Background
Earlier this year, Illinois Governor J.B. Pritzker (D) signed a ban on assault-style rifles and high-capacity magazines into law, but almost immediately lawsuits arguing the constitutionality of the law were filed in state and federal court. The bill said some gun owners will be able to own assault-style weapons under the ban, including retired and current police and military personnel and prison wardens, and individuals who owned the prohibited guns prior to the ban—those individuals will be required to register their guns with the Illinois State Police, but will be able to keep them. The law came into effect about six months after a shooting at a Fourth of July parade in the Chicago suburbs that left seven people dead and 31 injured.
What To Watch For
The bill is also facing challenges on the federal level that allege the law violates the Second Amendment. Those lawsuits were consolidated and a three-judge panel in the 7th Circuit Court of Appeals has yet to issue a ruling, the Chicago Tribune reported.
Further Reading
Illinois Supreme Court Upholds State’s Sweeping Gun Ban (Chicago Tribune)
Source: https://www.forbes.com/sites/anafaguy/2023/08/11/illinois-supreme-court-allows-ban-on-assault-style-weapons-to-remain-in-place/