Some Illinois law enforcement say enforcing gun ban violations not a
priority
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[November 30, 2023]
By Greg Bishop | The Center Square
(The Center Square) – Illinois’ gun ban registry deadline is a month
away and some in local law enforcement say investigating and prosecuting
infractions will not be a top priority.
The gun and magazine ban was enacted Jan. 10, prohibiting the future
sales of more than 170 semi-automatic firearms and magazines over
certain capacities. A registry of the now banned firearms, attachments
and .50 caliber ammunition opened Oct. 1 with a Jan. 1 deadline to
register such items with Illinois State Police.
Being out of compliance after Jan. 1 could lead to Class A misdemeanor
charges for the first offense and Class 3 felony charges for the second
and subsequent offense.
As of Wednesday, just 0.18% of Illinois’ 2.4 million Firearm Owner’s ID
card holders have registered a banned item with Illinois State Police.
While the gun ban and registry is tied up in courts, the Jan. 1 deadline
to register still looms.
“Law enforcement agencies, including the ISP, are charged with enforcing
the Protecting Illinois Communities Act throughout the state,” ISP said
on their frequently asked questions page.
![](http://archives.lincolndailynews.com/2023/Nov/30/images/ads/current/graue_sda_042021.png)
The agency said they will continue partnering with local law enforcement
through their Violent Crime Intelligence Task Force.
“The task force is a collaborative effort to reduce and prevent illegal
possession and use of firearms, firearm related homicides, and other
violent crimes,” the ISP said. “All law enforcement officers will have
access to the resources the ISP has made available to the public to
ensure they are able to identify items regulated by the Protecting
Illinois Communities Act.”
During recent public hearings, the agency said prosecution of first and
subsequent offenses will be up to the 102 different county state’s
attorneys.
“That’s going to be up to the state’s attorney and the courts,” ISP
attorney Suzanne Bond said.
In McHenry County, State’s Attorney Patrick Kenneally has a pending
lawsuit challenging the law on the grounds the measure is
unconstitutional. With that case still pending, Kenneally said they’ll
follow the law.
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A screenshot of various illustrations as part of Illinois' filing
defending the state's gun and magazine ban - Greg Bishop / The
Center Square
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“We recognize that it is the law and we respect it. We also have limited
resources and have to set priorities for the office, and this will not
be one of our top priorities,” Kenneally told The Center Square, noting
that each case will have unique circumstances.
Without criminal referrals from law enforcement, Kenneally said they
can’t prosecute.
“So I employ lawyers, I don’t employ investigators,” Kenneally said.
“Our prosecutions are entirely dependent first on a full police
investigation which establishes the crime by proof beyond a reasonable
doubt.”
Kankakee County Sheriff Mike Downey said his deputies won’t be going
door-to-door.
“We are not going to go out and actively go to people we think might
have a gun because if we were to go to somebody’s house, we would
technically need to have a warrant,” Downey told The Center Square.
He notes that people are possessive of their firearms.
“Any time that you’re going to take away something that somebody has a
right to have, you’re going to deal with consequences that could turn
bad,” Downey said. “The sheriff has no business going to a person’s
house and attempting to register those guns for whatever reason.”
Downey said his position on the law hasn’t changed.
“This isn’t something that we’re going door to door for regardless of if
this thing passes and as of Jan. 1, that status really hasn’t changed,”
Downey said.
There are 102 county state’s attorneys and sheriffs. Most have said they
wouldn't enforce the law.
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