NRA, Illinois Gun Dealers File Federal Suits Over Assault Weapon Ban

SPRINGFIELD, IL — Attorneys for a pair of national gun owners advocacy groups filed federal lawsuits on Tuesday challenging the recently enacted Protect Illinois Communities Act, which bans military-style firearms and large capacity magazines.

The National Rifle Association is backing a suit filed on behalf of Caleb Barnett, of Sparta, Brian Norma, of Marion, gun shops Hood's Guns & More and Pro Gun and Indoor Range in Benton and the National Shooting Sports Foundation trade group. It names Illinois Attorney General Kwame Raoul and Illinois State Police Director Brendan Kelly as defendants.

The 27-page complaint alleges the state officials are violating the Second Amendment of the U.S. Constitution on two counts — one for the ban on certain semi-automatic pistols, rifles and shotguns, and another for the restrictions on magazines that hold more than 15 bullets for handguns or 10 for long guns.

It asks a judge to declare that the Protect Illinois Communities Act, the Illinois assault weapons ban also known as House Bill 5471, is unconstitutional under the standard laid out by the U.S. Supreme Court last year in New York State Rifle & Pistol Association v. Bruen.

According to the complaint, the Bruen decision has abrogated two earlier 7th Circuit Court of Appeal decisions — Friedman v. City of Highland Park that upheld the city's 2013 local ordinance banning assault-style weapons, and Wilson v. Cook County, which upheld Cook County's never-enforced assault weapons ban.

Under the new standard, it argues, the government cannot ban weapons in common use today for self-defense.

"Because the wide swathe of semiautomatic rifles and pistols that Illinois has banned unquestionably are, the ban violates the Second Amendment," it said.

NRA Illinois State Director John Weber said the Supreme Court has already established the constitutional right to own commonly used guns.

"Gov. [J.B.] Pritzker's decision to ignore the court and sign this bill demonstrates a blatant disregard for the rule of law and a willful ignorance of the nightmare he and his anti-gun allies in the statehouse have created with their soft-on-crime policies," Weber said in a statement.

"Instead of arresting, prosecuting, and punishing the criminals who break the law, Gov. Pritzker is focusing his attention on those who haven't broken any laws," he said. "The people of Illinois deserve better."

A separate complaint was filed Tuesday in the Southern District of Illinois on behalf of Federal Firearm Licensees of Illinois, Guns Save Life, Gun Owners of America, Gun Owners Foundation, Piasa Armory, Debra Clark, of Toledo, Jasmine Young, of East Alton and Chris Moore, of Cave-in-Rock.

Their 44-page complaint alleges the assault weapons ban forbids the "most popular class, makes, and models of firearms and their attachments and/or parts in the nation."

In addition to the attorney general and state police director, it names Pritzker as a defendant, and asked a judge to block enforcement of the law and order the state to cover their attorney fees.

"Plaintiffs should not be forced to choose between risking criminal prosecution, or exercising their constitutional rights to 'keep and bear' common arms for self-defense and other lawful purposes," it said.

In a statement on behalf of the board of the Virginia-based nonprofit Gun Owners Foundation, Sam Parades suggested House Bill 5471 will not survive federal court scrutiny.

"Illinois is setting themselves up to just be the latest state that quickly gets slapped sternly on the wrist for passing unconstitutional gun control," Parades said. "Like we are warning all anti-gunners post-Bruen, fall in line, or we will make you.”

The court challenges filed Tuesday by the NRA and GOA follow an earlier federal challenge to the gun ban filed last week by the Illinois State Rifle Association along with the Firearms Policy Coalition, the Second Amendment Foundation, two gun shops and a St. Clair County resident.

Meanwhile in state court, Raoul's office has filed an appeal against the temporary restraining order issued Friday by Fourth District Circuit Judge Joshua Morrison, which applies to more than 860 gun owners and gun dealers named as plaintiffs in the complaint.

And the attorney who brought that challenge, former Republican attorney general nominee Tom DeVore, has filed a second suit: Darren Bailey et. al. v. Pritzker.

Bailey, the Republican gubernatorial nominee who ran unsuccessfully against Pritzker last year, is joined by more than 1,600 other plaintiffs in his latest suit, which was filed in White County and has been set for an emergency hearing Wednesday, according to DeVore.

It’s an honor of my lifetime to play a role in representing the People against tyranny," DeVore said in a statement. "Whether it be with the Illinois Supreme Court or the United States Supreme Court, we will continue to seek redress at every available turn until such time as the foundational principles which make this country great are restored to the People."

---

Pritzker was asked about the court challenges Tuesday at an unrelated news conference.

"It's just more of the same," Pritzker said. "These are folks who are in the super-minority among the public, super-minority in terms of elected officials, people who lost elections who [are] now seeing they don't like policy that they couldn't win at the ballot box on, that they now hope that they can take to state court and win with a local judge."

Pritzker said the matter would play out in state and federal courts over the coming months.

"I think they'll lose in the end," the governor said. "This is a constitutional law. It's been effect in eight other states, we're simply the ninth state to have passed and signed and put into law an assault weapons ban that will save lives."

Other states that have enacted assault weapons bans are involved in ongoing court challenges in the wake of the Bruen decision.

Another Illinois state court case is pending in Crawford County that alleges the gun registration requirement violates the Fifth Amendment, along with violations of the Second and 14th amendments. And in Macon County, Decatur Republican State Rep. Dan Caulkins and other plaintiffs, including several local gun dealers, reportedly intend to file suit Thursday to challenge the ban.

Earlier: Judge Blocks Enforcement Of Illinois Assault Weapons Ban On 850 People