Gun rights group files lawsuit over Illinois assault weapons ban
A gun rights organization filed a lawsuit on Tuesday against Illinois’ recent ban on ‘assault weapons,’ claiming that it infringes on constitutional rights.
The law, signed by Gov. J.B. Pritzker earlier this month, bans the manufacture or possession of dozens of brands and types of rapid-fire rifles and pistols, .50-caliber guns, and attachments that enhance a weapon’s firepower. It also bans sales of high-capacity magazines and requires current owners of semi-automatic weapons to register them with state police.
The Second Amendment Foundation, along with one individual, two gun stores, the Illinois State Rifle Association, and the Firearms Policy Coalition, turned to Illinois federal court in challenging the law, seeking a court order declaring the ban to violate the Second and Fourteenth Amendments, and an injunction blocking its enforcement.
‘The State’s enactment, and Defendants’ enforcement, of the prohibition on common semiautomatic firearms, tendentiously and inaccurately labeled assault weapons, and on certain magazines arbitrarily deemed to be of ‘large capacity,’ denies individuals who reside in the State, including individual Plaintiffs … their fundamental, individual right to keep and bear common arms,’ the complaint states.
The lawsuit argues that the only types of weapons that can be banned under court precedent are those deemed to be ‘dangerous and unusual,’ which cannot apply to those that are in ‘common use’ like the types of weapons and magazines banned by the statute.
Fox News Digital reached out to the office of Illinois Attorney General Kwame Raoul – who was named as a defendant in the case – for comment, but they did not immediately respond.
The law’s goal is to curb gun violence in the state. Lt. Governor Juliana Stratton praised the law in a statement, saying that ‘lawmakers, advocates, and gun violence survivors stood together and worked for decisive, protective change.’ The lawsuit argues that ultimately the ban will not make a difference when it comes to crime.
‘Unlike law-abiding citizens, violent criminals will not be meaningfully constrained by the State’s Magazine Ban. Given the hundreds of millions of such magazines in circulation in the country (including in Illinois, where they remain widely possessed), it will not be difficult for violent criminals to acquire them through illegal sales or importation despite the State’s ban,’ the complaint says. ‘And unlike law-abiding citizens, violent criminals will have no compunction about violating Illinois’ Magazine Ban. Even if violent criminals were effectively prevented from acquiring banned magazines, they could easily compensate by bringing multiple firearms or magazines with them to the scene of the crime.’