SRP-IMAGE-Logo

Federal judge refuses to block assault weapons ban enforcement

By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com

SPRINGFIELD – A federal judge in Chicago this week denied a request to block enforcement of both state and local bans on assault weapons and high-capacity magazines, saying it is unlikely that the law will be found unconstitutional.

In a 31-page opinion, Judge Lindsay Jenkins in the Northern District of Illinois said the laws are intended to protect public safety by removing particularly dangerous weapons from circulation. She also said that the government’s interest in protecting public safety outweighs any harm the laws might have on a person’s right to keep and bear arms.

The case involves Javier Herrera, a Chicago resident and emergency room doctor who volunteers as a medic for a Special Weapons and Tactics, or SWAT team. He is challenging a newly passed state law as well as local laws enacted by the city of Chicago and Cook County.

The Illinois General Assembly passed its assault weapon ban during a special lame duck session in January. It came in response to a mass shooting at an Independence Day parade in Highland Park that left seven people dead and dozens more injured or traumatized.

The law bans the possession, sale or manufacture of a long list of semiautomatic rifles and handguns that are defined as “assault weapons” as well as large-capacity magazines, defined as 10 or more rounds for a rifle and 15 or more rounds for a handgun. It exempts certain people from the ban such as law enforcement officers and active-duty military personnel.

Under the law, people who already own such weapons can keep them but they must register them with the Illinois State Police by Jan.1, 2024. The law also limits who current owners can sell or transfer the weapon to.

Cook County enacted its own ban on certain semiautomatic rifles and large-capacity magazines in 2006 and the city of Chicago enacted one in 2013.

Herrera filed his lawsuit shortly after Gov. JB Pritzker signed the state ban into law. He owns several weapons that are now banned including two AR-15 rifles, which he says he uses for self-defense, hunting, and sport shooting.

He claims that the laws interfere with his right of self-defense as well as his ability to train with his SWAT team. He also argues that large-capacity magazines come standard with certain weapons and that his inability to purchase those items renders the guns inoperable.

His suit seeks to declare the laws unconstitutional under the Second and 14th Amendments. It also asked for a temporary restraining order and preliminary injunction barring enforcement of the laws while the case is pending.

In a ruling released Tuesday, Jenkins denied the motions to block enforcement of the laws, saying that any injuries the laws may be causing Herrera were outweighed by the interest in protecting public safety. She also said an injunction and restraining order were not warranted because Herrera was unlikely to prevail on the merits of his case.

She also noted that Herrera is not a law enforcement officer and that his volunteer work for the SWAT team does not require him to carry a firearm.

Herrera’s attorneys filed a notice Wednesday indicating they will appeal to the Seventh Circuit Court of Appeals.

Herrera’s case is just one of several challenges to the state’s assault weapons ban that are working their way through state and federal courts. There are two other cases in the Northern District of Illinois challenging the state law and local ordinances – one against Naperville and another against Highland Park.

In February, a different federal judge denied a similar motion for an injunction in the Naperville case. That case is also on appeal to the Seventh Circuit.

Another federal case is pending in the Southern District of Illinois where a judge in East St. Louis heard oral arguments earlier this month. And there is a case pending before the Illinois Supreme Court that seeks to have the state law overturned as a violation of the Illinois state constitution.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

Leave a Comment





Local News

Cleveland Cavaliers guard-forward Max Strus hits a 3-pointer last season over the Boston Celtics' Jaylen Brown. Photo courtesy of Max Strus

Hometown Hoops Hero: Stagg alum Max Strus discusses his rise through the NBA, hitting big shots and his annual youth hoops camp

Spread the love

Spread the loveBy Xavier Sanchez Correspondent A lot of changes have taken place for Max Strus during the past year. While the Cleveland Cavaliers guard has played in an NBA Finals and been featured as No. 1 on ESPN SportsCenter’s “Top Plays,” among other noteworthy events, the Stagg alum is the same homegrown kid who…

Chicago Red Stars forward Mallory Swanson (left) earned two big awards for her recent goal-scoring spree. Photo by Jeff Vorva

Red Stars’ Swanson picks up Best XI of Month honors

Spread the love

Spread the loveBy Jeff Vorva Correspondent Chicago Red Stars forward Mallory Swanson picked up some big honors recently, including being named to the NWSL’s Best XI of the Month for June. This is the seventh time in Swanson’s career and the fourth time as a Red Star she has won a best of the month…

St. Laurence finished second in the state in Class 4A and is looking to win it all in 2024. Photo by Jeff Vorva

A bevy of changes ahead for the 2024 high school football season

Spread the love

Spread the loveBy Jeff Vorva Correspondent The IHSA’s annual posting of the coming season’s football schedule always gets people talking. This year is no exception. Tears for Fears meets David Bowie as there are changes, changes and more changes; fans might need pencils and scorecards to keep track. As a public service, we here at…

Kathy Headley

The cleanest sidewalk in Chicago Lawn

Spread the love

Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . In a recent column I told you about stopping at the Community Dinner held on Tuesday evenings in the fieldhouse at Marquette Park. That particular night I sat next to an arborist for the Cook…

Peggy Zabicki

Hot dog! This is a special week

Spread the love

Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place •  (773) 504-9327 . I would like to start my column with the most important news. National Hot Dog Day is Wednesday, July 17 and is traditionally celebrated all week. I decided to suggest two West Lawn restaurants for celebrating…

GSWNH_HolidayInnRear_070524

Migrants coming to Ford City

Spread the love

Spread the love. Nearly a thousand coming this month to Holiday Inn . By Tim Hadac The Pritzker Administration is converting a vacant hotel in the Midway area to a shelter expected to house as many as 950 migrants. The action is occurring quickly, with migrants expected to move in this month. In a press…

CTAlogo

CTA hiring means more rail service

Spread the love

Spread the love. Orange Line sees 11% jump . From staff reports The Chicago Transit Authority has announced that because of what they described as continued, aggressive recruiting, hiring and training efforts, it has added 8.5% more scheduled rail service in recent weeks for a total of 9% more scheduled service added since April 2024.…

the leadershop logo

LeaderShop Alumni Association to host peaceful rally during Thursday board meeting

Spread the love

Spread the loveThe LeaderShop Alumni Association, a group of volunteers, previous staff members, former board members, funders, donors, and stakeholders who are community minded and energized by the mission of The LeaderShop, will host a peaceful rally in support of change to current leadership for the nonprofit agency. The rally will be held during The…

The Mariano’s store in Frankfort would be among the stores transferred to a new owner if the Kroger-Albertson’s merger is approved. (Photo by Bob Bong)

Comings & Goings: Palos Jewel, Oak Lawn Mariano’s to be sold in merger deal

Spread the love

Spread the loveBy Bob Bong Kroger and Albertson’s this week released the list of stores the companies plan to sell, should a merger between the grocery giants be approved by regulators. Jewel Food Stores in Alsip and Palos Heights are among the stores listed for sale as well as Mariano’s locations in Oak Lawn, Orland Park, and…

The Oak Lawn Public Library, 9427 S. Raymond Ave., kicked off its adult and teen summer reading season with a Local Author Showcase featuring a book fair and 30 authors June 12. (Photos by Enrique Reyes, Courtesy of the Oak Lawn Public Library)

Oak Lawn Library hosts Local Author Showcase

Spread the love

Spread the loveBy Kelly White Oak Lawn Public Library opened its doors to the summer season and to its local authors. The library, 9427 S. Raymond Ave., kicked off its adult and teen summer reading season with a Local Author Showcase featuring a book fair and 30 authors June 12. “Thirty authors, two hours, and…

Neighbors

Rhone Talsma (right), Chicago Ridge Public Library's Multimedia Librarian, today defeated 40-day champion, Amy Schneider, in Final Jeopardy, walking away with $29,600. He's standing next to host Ken Jennings. (Supplied photos)

Chicago Ridge librarian knocks off ‘Jeopardy’ champion

Spread the love

Spread the loveBy Kelly White Rhone Talsma grew up watching “Jeopardy!” – the classic game show with a twist where the answers are given first, and the contestants supply the questions. On Wednesday, Talsma knocked off 40-day champion Amy Schneider and won almost $30,000 in the process of becoming the new champion. Locally, the show…

SRP-IMAGE-Logo

Seven Mt. Carmel wrestlers win titles, help Caravan to Chicago Catholic League crown; Brother Rice takes 3rd

Spread the love

Spread the loveBy Steve Millar  Correspondent Ryan Boersma did not get the opportunity to become a four-time Catholic League champion because the COVID-19 pandemic caused to the cancellation of the conference tournament. But winning three Catholic League championships at two schools, and wrapping it up by winning a Lawless Award for the league’s best senior…

SRP-IMAGE-Logo

Davion Lawrence’s double-double leads Oak Lawn over Richards

Spread the love

Spread the loveBy Steve Millar Correspondent When they were growing up, Johnny McGowan had the upper hand when squaring off on the court against Davion Lawrence. “Me and him go way back,” said McGowan, a senior guard at Oak Lawn. “He used to sleep over at my house when we were younger. We went to…

Plant Chicago is a non-profit that encourages the growth neighborhood-based start-up businesses and which promotes what it calls a circular economy. It promotes a community-wide adoption of business models designed to recycle and reuse materials, money, expertise and more. Initially headquartered in a century-old warehouse in Back of the Yards, Plant Chicago has relocated to what was a vacant firehouse at 45th and Marshfield. Its indoor farmers markets are possibly its best-known and most popular events. The next market is set for 11 a.m. to 3 p.m. Saturday, Jan. 29 at its headquarters. For details, visit plantchicago.org. --Supplied photo

Funds flow to Back of the Yards

Spread the love

Spread the loveFour groups get grants; millions more available  By Tim Hadac Four organizations in Back of the Yards—three businesses and a non-profit—are among 31 awarded more than $14.4 million in small business grants being allocated through the Chicago Recovery Plan. They are: Diaz Group Office Space, 5100 S. Damen, $250,000. El Nuevo Guadalajara, 4350…

Talbert Fleming

Offer reward in grandma’s slaying

Spread the love

Spread the loveWas shot on 71st Street  By Tim Hadac             A $15,500 reward is offered for information leading to the arrest and conviction of whoever shot and killed a 49-year-old grandmother in the Chicago Lawn neighborhood. Tamiko L. Talbert Fleming, of south suburban Dolton, was in the driver’s seat of her vehicle at 71st…

GSWNH_GirlScoutCookies_012822

A sweet salesgirl

Spread the love

Spread the love Alessandra Valentina Paredes, a Daisy Scout with Girl Scout Troop 20637 (sponsored by St. Nicholas of Tolentine Parish), shows a sweet smile as she begins her first-ever time selling Girl Scout Cookies. The daughter of West Lawn residents Jose Antonio and Lorena Paredes, Alessandra, age 5, joined the Daisies just four months…

CRRNH_FrontierJet_012622

Midway is new for Frontier

Spread the love

Spread the loveLow-fare airline coming in April  By Tim Hadac Low-fare passenger airline options are set to increase at Midway International Airport this spring, with the arrival of Frontier Airlines. The expansion of air travel options was announced at a press conference last week at the airport. With 10 new nonstop routes taking off starting…

SRP-IMAGE-Logo

Clear-Ridge Reporter and NewsHound PDF January 26, 2022

Spread the love

Spread the love

U.S. Rep. Bobby Rush

Rush rips USDA over plight of black farmers

Spread the love

Spread the love‘House is on fire,’ congressman says  From staff reports U.S. Rep. Bobby L. Rush (D-1st) recently questioned U.S. Department of Agriculture Secretary Tom Vilsack about what Rush called “the dire prognosis of black farmers in the U.S. and the steps USDA is taking to help minority farmers.” “As you well know, our nation’s…

Handley

Charge man with Archer Heights carjacking

Spread the love

Spread the loveBy Tim Hadac Police say they’ve solved a carjacking that occurred in Archer Heights earlier this month. An 18-year-old Southeast Side man was charged with aggravated vehicular hijacking in connection with the crime. Monte Handley, of the 9000 block of South Muskegon, was apprehended by police in the 7500 block of South Ellis…