Illinois sheriffs file opposition to state’s gun ban in federal court

[March 01, 2023]  By Greg Bishop | The Center Square

(The Center Square) – With four federal lawsuits consolidated and a schedule of responses and oral arguments set, the Illinois Sheriffs’ Association is officially taking sides in the case against the state’s gun ban.

Illinois Gov. J.B. Pritzker enacted a gun and magazine ban Jan. 10. Residents are not allowed to purchase any of the more than 170 different semi-automatic firearms and magazines over a certain capacity.

Since before being enacted by the governor, the measure has been opposed by sheriffs from both sides of the aisle. Dozens of sheriffs have said they won’t enforce it.

“Many sheriffs across the state indicated their concern about this legislation passing and ultimately being signed into law and infringing upon the rights of those legal gun owners across the state,” Illinois Sheriffs’ Association Executive Director Jim Kaitschuk told The Center Square. “What the organization did is we filed an amicus brief in support of those efforts challenging House Bill 5471.”

Sheriffs are elected officials and their federal filing siding with challenging the gun ban recognizes the Second Amendment as a right to keep and bear arms.

“The ISA supports efforts to make Illinois and all of its citizens safe, but it also recognizes that those efforts must be within the bounds set by the Constitution. HB 5471 crosses those bounds, and in doing so, demands that sheriffs enforce a law that deprives the law-abiding citizens they serve of their constitutional right to keep and bear arms for lawful purposes, including sport and self-defense,” the filing said. “Because law enforcement should never be compelled to violate the constitutional rights of Illinois citizens, the ISA supports Plaintiffs’ action to enjoin the implementation of HB 5471 and to have the statute declared unconstitutional.”

Kaitschuk said there are several elements of the law they’re concerned about, including a requirement gun owners register with Illinois State Police that they are in possession of a gun defined as an “assault weapon.” The registry launches Oct. 1.

“Developing a registration program and limiting the type of weapons people could have in common use, so those were some of the concerns that they had,” he said. “Even though there was an exemption provided for law enforcement, many of the sheriffs felt like how was a sheriff different than a general citizen and that was some of their concern.”

The federal judge has ordered the state to respond to a motion for preliminary injunction by Thursday, and to the allegations the law violates the Second Amendment by March 16. Oral arguments are set for April 12 in East St. Louis.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.