Illinois Supreme Court Rules 4-3 Assault Weapons Ban Constitutional (UPDATE: LEGISLATOR REACTION)

The Illinois Supreme Court Friday ruled 4-3 that the state's assault weapons ban is constitutional.

The Protect Illinois Communities Act restricts firearms and related items that the Act defines as assault weapons and large capacity magazines. Certain restrictions do not apply to law enforcement agencies and individuals who complete firearms training as part of their employment in law enforcement, corrections, the military, and private security (trained professionals) and individuals who possessed assault weapons or LCMs before the restrictions became effective.

The decision by the Supreme Court reverses the ruling of a Macon County Circuit court judge. Similar suits were filed in other circuit courts, incuding Effingham County. Those various cases were consolidated into the Macon County case.

Two justices dissented since the law was passed without following procedural guidelines; the three readings rule was used as an example. Another dissented since the legislation was a special law that wasn't required since a general law could've taken care of the issue.

The Illinois court also ruled that the plaintiffs could not raise Second Amendment issues since those issues weren't raised in the lower courts. However, the issue remains alive in Federal court cases regarding the weapons ban.

Effingham County State's Attorney Aaron Jones said a quick glance at the ruling didn't include any mention of the Second Amendment issues, indicating that the matter will likely go to the US Supreme Court before a final resolution will be seen.

Here are comments from legislators on the Supreme Court's decision:

GOVERNOR J.B. PRITZKER--“I am pleased that the Illinois Supreme Court has upheld the constitutionality of the Protect Illinois Communities Act. This is a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship. Illinoisans deserve to feel safe in every corner of our state—whether they are attending a Fourth of July Parade or heading to work—and that’s precisely what the Protect Illinois Communities Act accomplishes. This decision is a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives.”

STATE SENATOR CHAPIN ROSE--“Despite what the Illinois Supreme Court may have ruled, I remain confident that the rights of law-abiding citizens will be upheld in federal court. I would remind everyone that under the Democrats’ other legislative push, the so-called SAFE-T Act, that criminals are running our streets, because the Democrats and their allies fail to enforce the countless criminal statutes that were already in place. They don’t want to arrest and prosecute actual criminals, but they continue going after law abiding citizens. Until you get serious about actually putting bad guys behind bars, all crime, including gun crimes, will remain rampant. That lies solely at the feet of JB Pritzker and his Democrats."

ATTORNEY GENERAL KWAME RAOUL--“We are pleased with the court’s decision. The Protect Illinois Communities Act is a critical part of a multi-faceted approach to addressing gun violence. We are firmly committed to protecting Illinois residents from the gun violence that impacts too many communities throughout the state. We will continue to defend the constitutionality of the Protect Illinois Communities Act and other measures that reduce gun violence in our communities.”

STATE SENATOR JASON PLUMMER--“Today the Illinois Supreme Court tried to thread a needle by refusing to rule on some extremely important aspects of this case, including whether the ban violates the Second Amendment. The justices in the majority stood by their political patrons, not the people of Illinois. But they also clearly showed that they are worried about being overruled by the federal case. The issue sits in the federal courts now, where I pray they have the courage and the decency to put the constitution over petty politics."

STATE REPRESENTATIVE ADAM NIEMERG--“There was little doubt going into the release of this ruling of how our completely partisan Supreme Court would decide this case. Politics trumps all in the corrupt State of Illinois. This law unequally applies the law by granting some FOID card holders the right to bear certain types of firearms but denies that same right to others. It violates Article IV Section 8 (d) of the Constitution which requires all bills to be read three times. And it violates the Second Amendment. If the ruling class in Illinois had even a shred of honesty and decency the rights of honest citizens would have been protected today. Instead, the far-left activists on the Supreme Court decided to put politics above the law. This decision – while not a surprising one – is the outcome Governor Pritzker bought with the millions of dollars he put into Supreme Court races in the last election. Today is a dark day for Illinois."

STATE REPRESENTATIVE BLAINE WILHOUR--“Where is the evidence this law has done anything to make communities safer?” Wilhour said. “The political class in this state continues to make rules for the entire state but is never held accountable for the failures of their policies. This law violates the Constitutional rights of honest citizens, and it does not even make a dent in curbing violence in our communities. The US Supreme Court will eventually weigh in and do what the Illinois Supreme Court lacked the courage to do which is to protect the rights of honest citizens.”