Illinois Assault Weapons Ban 'Facially Unconstitutional,' Judge Rules

DECATUR, IL — A Macon County judge ruled Friday that portions of the Protect Illinois Communities Act that ban some categories of semiautomatic firearms and large-capacity magazines are unconstitutional.

Associate Judge Rodney Forbes found that exemptions to the gun restrictions lawmakers passed early this year in response to last summer's mass shooting at the Highland Park 4th of July parade violate the equal protection clause of the state constitution.

"The appellate court held the right to bear arms under article I, section 22 of the Illinois constitution is fundamental for equal protection purposes, that the challenged exceptions are subject to strict scrutiny as a result, and that the challenged exceptions did not satisfy strict scrutiny," Forbes said in a two-page final judgment. "The Court is bound to apply the appellate court's holdings to plaintiff's identical equal protection claim in this case."

Following the precedent set by last month's 5th District appellate court ruling in Accuracy Firearms v. Pritzker, Forbes found in favor of state officials with regards to claims that the legislature violated due process during the bill's passage, which came in the final hours of the Illinois General Assembly's lame duck session.

The law defines "assault weapons" as one of a number of specifically listed models of semiautomatic rifles, pistols and shotguns, or any firearm that has one of a series of cosmetic features, such as a pistol grip or a thumbhole stock.

Any magazine that can hold more than 10 rounds for a long gun or 15 rounds for a pistol is defined as a "large-capacity ammunition feeding device" and also banned, though it includes exceptions for those who owned such guns or magazines before the passage of the law.

There are also seven classes of people explicitly exempted from the new law. They include all current and retired law enforcement officers; peace officers, government agencies; prison and jail officials; members of the U.S. military or national guard while traveling to or taking part in official duties; armed security guards at nuclear facilities and their employers; and private security contractors who have been issued firearm control cards.

Forbes final judgment came in response to a lawsuit filed by State Rep. Dan Caulkins, a Decatur Republican, who brought the suit in his individual capacity along with the owner of a Decatur pawn shop and a newly formed voluntary unincorporated organization called Law-Abiding Gun Owners of Macon County, which includes more than 2,000 people. The Macon County judge had earlier issued a temporary restraining order in the case.

According to Forbes' ruling, the bans on assault weapons and large-capacity magazines "are facially unconstutional under [the equal protection and special legislation] provisions of the Illinois constitution," that that "cannot reasonably be construed in a manner that would preserve their validity" and that "the finding of unconstitutionality is necessary to the Court's decision and judgment."

Both parties agreed to Forbes' final order, which can be appealed directly to the state's highest court.

"Well-established Illinois authority provides that a law declared unconstitutional pursuant to a facial challenge is void, as if the law never existed, and is unenforceable in its entirety, in all applications," Jerry Stocks, Caulkins' attorney, said in a statement after the ruling.

Attorney General Kwame Raoul immediately appealed the ruling to the Illinois Supreme Court, which is also considering an appeal to the Accuracy Firearms v. Pritzker case. The attorney general's office wants the appeal to be heard on an expedited schedule.

A spokesperson for Pritzker asserted that the ruling does not apply statewide and said the governor was confident that courts will eventually uphold the constitutionality of the law.

Following redistricting and two open-seat elections last November, the Illinois Supreme Court now has a 5-2 Democratic majority.

The gun and magazine ban is facing separate challenges in federal courts, which are bound by recent U.S. Supreme Court rulings containing a more expansive reading of gun ownership rights provided by the Second Amendment.

Four federal lawsuits have been consolidated to a single case, which is set for a hearing next month in the Southern District of Illinois.

Related:

• Illinois Sheriffs File Opposition To State's Gun Ban In Federal Court
• Assault Weapon Ban Temporary Restraining Order Upheld By Appeals Court
• Judge Blocks Enforcement Of Illinois Assault Weapons Ban On Over 850 Plaintiffs
• NRA, Illinois Gun Dealers File Federal Suits Over Assault Weapon Ban