The NRA has filed a federal lawsuit against the state of Illinois over a new law that places severe restrictions and bans on semi-automatic weapons. The lawsuit calls the law a blatant violation of the Constitution's Second Amendment and calls for swift action to have the law stamped down.
The legislation was signed into law by Illinois Democratic governor J.B. Pritzker at the start of the year. The law was largely prompted by the Highland Park 4th of July parade shooting in 2022. The shooting killed seven paradegoers and injured 30 more.
Under the newly minted legislation, dozens of specific brands and types of handguns and semi-automatic rifles, .50 caliber guns, and firearm attachments and accessories including rapid-fire devices will be banned throughout the state. Additionally, rifles will not be allowed to equip more than ten rounds while handguns cannot accommodate more than 15 rounds.
Residents throughout the state who already own any of the banned guns will now have to register them with the state as well. The registration requires a serial number to be documented with Illinois State Police. Additionally, Illinois-based manufacturers will still be allowed to conduct business; however, they cannot sell their weapons to law enforcement or residents within the state.
The Illinois ban is not the first of its kind but conversely has become a growing trend among democratic states. Delaware, Maryland, and Massachusetts have similar gun ban laws in place while California, Connecticut, Hawaii, New Jersey, and New York require gun owners to register their newly purchased firearms.
The lawsuit names two gun owners from Benton, Indiana, as lead plaintiffs. Along with the NRA, joining in on their lawsuit, southern Illinois gun dealers, shooting range operators, and a shooting sports trade association based out of Connecticut are also named as plaintiffs in the suit.
This lawsuit is the second of its kind filed against the new legislation in the U.S. District Court for the Southern District of Illinois. However, several other lawsuits have also sprung up throughout the state against the new law. According to analysts, plaintiffs are seeking out the southern Illinois court system when filing their lawsuits because of the area's favorable view of firearms. Unlike other, more metropolitan areas of the state, the Southern region has a long history of firearm use for hunting and other recreational purposes.
The lawsuit accuses the new law of taking “the radical step of banning nearly every modern semi-automatic rifle — the single-most popular type of rifle in the country, possessed by Americans in the tens of millions.” The lawsuit points out that there are over 24 million AR-15 semi-automatic rifles throughout the U.S.
The lawsuit also takes issue with the specific bans on how much high-capacity ammunition cartridges can hold. By banning certain capacities and specific attachments and accessories, the NRA-backed lawsuit notes that the firearm simply can't operate. Because of this, such accessories and add-ons are constitutionally protected “ firearms,” making the law a direct violation of the Constitution’s Second Amendment.
Although the state government believes that the new law will withstand any legal challenges, last Friday, a judge in Effingham County put a temporary block on the law claiming that it violates the state constitution. In response to the ruling, the state Governor shared with CBS news that the ruling was a result of “venue shopping” and that "There's always some place to go among 102 counties in Illinois to — to bring a case with a judge whose political future might rest on the decision that he or she makes. So, look, it was poorly decided, and it will be overturned. I'm very confident of that."
In support of the lawsuit, a number of county sheriffs in Illinois have publicly shared that they won't be checking the registration of lawful gun owners. In response, Governor Pritzker shared, "Let's be clear. You don't get to choose what laws you enforce when you are in law enforcement. You have to, you know, enforce the laws whether you like them or not. You take an oath to do that. And these sheriffs have taken that oath."
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