Sheriffs Refuse To Enforce Assault Weapon Ban, Opponents Plan To Sue

SPRINGFIELD, IL — Dozens of county sheriffs across Illinois issued statements vowing not to go along with the state's new assault weapons ban, as opponents of the restrictions on semiautomatic guns and magazines prepare court challenges to block enforcement of the bill.

In similarly worded statements, the sheriffs say they were sworn to uphold the Constitution and they believe the new gun ban is unconstitutional.

House Bill 5471, the Protect Illinois Communities Act, requires residents who already own the banned weapons to register them with Illinois State Police by Jan. 1, 2024, including their make, model and serial number. State police have until Oct. 1 to come up with a list of applicable weapons.

Citing their roles as head of the county jail and chief county law enforcement officers, the sheriffs' statements say that they and their offices will not "be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law-abiding individuals that have been charged solely with non-compliance of this act."

Gov. J.B. Pritzker said no one gets to choose not to comply with Illinois law, telling reporters Tuesday after the bill's signing that he expects gun owners to fill out the required paperwork to register their assault weapons with his administration.

"The fact is, yes, there are of course people who are trying to politically grandstand, who want to make a name for themselves by claiming that they will not comply," Pritzker said. "But the reality is that the state police is responsible for enforcement — as are all law enforcement all across this state — and they will, in fact, do their job, or they won't be in their job."

State Rep. Bob Morgan, whose district includes Highland Park, was the chief sponsor of the bill. The Deerfield Democrat, whose office is in Highwood, witnessed the immediate aftermath of the July 4th parade mass shooting.

"This is incredibly important because our community was focused on making sure that no other community experienced what we did. That really is the focus of Highland Park, and when we say 'Highland Park Strong,' what we mean is: we don't want anyone else to go through what we did," Morgan said. "So it's very, very powerful and moving for us to know that we're going to take one step forward to reduce the likelihood that other communities will experience what we did."

Just over six months after the shooting, Morgan said many survivors are still recovering from the physical and mental trauma of the shooting, in which authorities say a legally purchased semiautomatic assault-style M&P 15 rifle and three 30-round magazines were used to fire more than 80 bullets into the crowd. Such guns and magazines are restricted under the new law.

Illinois State Rifle Association Executive Director Richard Pearson said his organization has partnered with the Second Amendment Foundation and the Firearm Policy Coalition to sue the state.

"The goal is to declare this disgusting law that has been precipitated on lawful gun owners of Illinois unconstitutional," Pearson said in a message to members of the group, which is seeking to identify potential plaintiffs for the suits.

Dudley Brown, the president of the National Association for Gun Rights, said the law "directly flies in the face" of last year's New York State Rifle & Pistol Association v. Bruen decision issued by the U.S. Supreme Court.

"We know this statewide ban against the most popular firearm in America is retribution for the lawsuits we filed against Naperville and Highland Park," Brown said in a statement. "But the anti-gun lawmakers and governor have overplayed their hand because those lawsuits are already fighting similar policies and a circuit-level pro-gun ruling will absolutely destroy this state law."

In response to threats of legal challenges, the governor said he believed HB5471 would be upheld by federal courts.

"My reaction, of course, is: this is a constitutional bill," Pritzker said. "The law here that we now have enacted is constitutional. There was a lot of thought that went into it to make sure that it would be. And obviously things will go through the courts and they'll make their determinations but I feel very confident."

Morgan said members of the Illinois House — which approved the bill by a vote of 68-41 — and the Illinois Senate — where senators voted 34-20 in favor — had put a lot of thought into the constitutionality of the bill.

"The constitutional interpretation of the Second Amendment, of course, loomed large over the drafting of this legislation. Both chambers took that very seriously," Morgan said. "We have to make sure we're passing laws that will withstand scrutiny, so we took those things into account. Of course, there were a lot of legal threats that came, and we look forward to being able to make our arguments in court."

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State Rep. Blaine Wilhour (R-Beecher City) said the framers of the Constitution had experienced the tyranny of the majority and vowed to prevent it the United States by protecting citizens from government overreach. Speaking ahead of the House vote, he compared Pritzker's actions during the COVID-19 pandemic with the unchecked power of the British monarchy in the 18th century.

"We are the greatest and most just country in the history of the world because we have always understood that our power and our destiny is in the freedom of our citizens, not in authoritarian government — our Constitution assures that," Wilhour said.

"So you can sit here and dictate whatever you want here today, maybe the political winds are in your favor here today," he told his fellow lawmakers. "But I can tell you that we will not comply and you're not going to do a darn thing about it, because the law, the Constitution and the founding principles are on our side."

In the Chicago area, the sheriffs of Kane, Kendall and McHenry counties, among others, have pledged not to enforce the law.

On Thursday, the head of the Gun Violence Prevention PAC issued a statement in response to sheriffs' statements declaring they would not enforce the ban.

“Simply put, it is disturbing to hear that several law enforcement departments across Illinois will refuse to support the new gun safety measure signed into law this week," CEO Kathleen Seances said. "This legislation was not a symbolic act — it‘s a critical path to protect the lives of children and Black and Brown communities in our state."

The governor has guaranteed that the assault weapons ban will save "hundreds or potentially thousands of lives" and predicted a reduction of gun violence as a result of its passage.

"Remember, nobody's guns are getting taken away from them. There are plenty of other weapons that aren't covered at all by this ban," Pritzker said Thursday at an unrelated news conference.

"This ban is really focused on the same kind of weapons that were banned by the federal government for 10 years, and we saw a significant downdraft in the number of people who were shot and killed as a result of that assault weapons ban. And we expect the same thing to happen here in Illinois."