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.
Local News
Corey Wolf ‘living the dream’ as new Shepard hoops coach
Spread the loveBy Jeff Vorva Correspondent For Corey Wolf, obtaining the ultimate high school basketball prize started in the summer of 2007. Wolf was playing for a Richards team that had showed much promise, having gone 26-3 and winning a regional title the previous season. Then-Bulldogs coach John Chappetto let his players know when summer…
Staab header helps Red Stars forge draw with KC
Spread the loveBy Jeff Vorva Correspondent Heading into the weekend, only Kansas City and Orlando were unbeaten among NWSL teams. The teams were tied atop the league standings, with each sporting 8-0-4 records. They now share another common denominator: Both have forged draws with the Red Stars. Red Stars defender Sam Stabb’s header in the…
Red Stars unhappy with Riot Fest conflict
Spread the loveBy Jeff Vorva Correspondent Among the bands that will headline the newly minted Riot Fest music festival are Chicago-area natives Fall Out Boy. The annual concert featuring an eclectic mix of musical acts will be held in Bridgeview Sept. 20-22 — and boy, oh boy, there is a lot of fallout from the…
It’s about time | Illinois high school hoops gets 35-second shot clock beginning with 2026-27 season
Spread the loveBy Jeff Vorva Correspondent Count Sandburg sophomore Daniel Morakinyo as someone who can’t wait for the 2026-2027 basketball season. The rising guard/forward will be a senior that year, and he will embrace the IHSA’s implementation of a 35-second shot clock for varsity boys and girls basketball. “It’s a good feature,” Morakinyo said after…
Oak Lawn police target drivers who ignore stop signs
Spread the loveBy Joe Boyle Oak Lawn police are going to crack down on reckless drivers who repeatedly blow stop signs throughout the village. And police will begin enforcing those measures within the next two weeks. The subject was brought up during the Oak Lawn Village Board meeting June 11. Village Manager Tom Phelan said…
Volunteers from Brother Rice, St. Rita and St. Laurence help indigent on their final journey
Spread the loveBy Nuha Abdessalam Father Larry Sullivan, a director of Catholic Cemeteries of the Archdiocese of Chicago and pastor of Christ the King Parish, joined County Board President Toni Preckwinkle and spoke words of love, respect, and God at the 35th annual committal service at Mount Olivet Cemetery. The service on June 6 at…
Riot Fest abandons Chicago park for SeatGeek Stadium
Spread the loveBy Bob Bong Last year, Lyrical Lemonade moved its Summer Smash hip-hop music festival from Chicago’s Douglass Park to Bridgeview’s SeatGeek Stadium. Thousands of fans poured into the stadium at 7100 S. Harlem Ave. over the course of three days and, by most accounts, enjoyed the experience. Summer Smash returned to SeatGeek this…
Comings & Goings: Orland Park Summerfest returns this weekend
Spread the loveBy Bob Bong Back for a second go round this weekend is the Orland Park Area Chamber of Commerce’s Summerfest. The event combines a carnival, live music, an array of dining options and a car show, at the 153rd Street Metra Station location in Orland Park and will run from Friday, June 14,…
Repair Cafe this Saturday at Township of Lyons HQ
Spread the loveBy Steve Metsch Repair cafes have become quite the thing for the Township of Lyons. So much so that another repair cafe will be offered from 10 a.m. to 1 p.m. this Saturday, June 15, at the township office, 6404 Joliet Road in Countryside. A repair café held in May was a smashing…
‘They didn’t have to kill my brother’ – sister of slain Bridgeview man
Spread the loveBy Steve Metsch Arturo Cantu should be celebrating two big events this weekend. He would have celebrated his 40th birthday on June 14. And, a sister said, he would have enjoyed Father’s Day on Sunday, spending time with family and his two young children. Instead, 10 family members and friends gathered in a…
Neighbors
Senior citizen golf tourney is here
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . It is almost time for the 41st Senior Amateur Golf Championship at Marquette Park, which will take place on Saturday and Sunday, June 22 and 23, this year. Registration is now open at marquettepark.cpdgolf.com/events or…
Baseball | Providence edges Mount Carmel in extras to punch ticket to state
Spread the loveBy Xavier Sanchez Correspondent After a stirring upset of unbeaten Nazareth to win the Class 4A Reavis Sectional championship, Mount Carmel’s bid for a trip to the state finals ended with a 3-2 extra-inning loss to Providence in the supersectional round. Celtics shortstop Jackson Smith’s single off Matt Murphy drove in Eddie Olszta…
Baseball Class 4A Sectionals | Third straight state title eludes history-making Nazareth
Spread the loveBy Xavier Sanchez Correspondent After back-to-back Class 3A state titles in 2022 and 2023, Nazareth jumped to Class 4A this season and did not miss a beat. The Roadrunners cruised to 37 straight victories heading into their sectional championship matchup with Mount Carmel. The Caravan scored two late runs in a tight contest…
Mount Carmel dethrones unbeaten, two-time defending champ Nazareth for sectional title
Spread the loveBy Xavier Sanchez Correspondent Mount Carmel came into its Class 4A sectional matchup against Nazareth viewed as the underdog. The favored Roadrunners did, after all, enter the game 37-0 and were gunning for a third consecutive state championship. The Caravan have respect for the Roadrunners, but they would never call themselves an underdog;…
Marist tops York for its fourth boys volleyball state title
Spread the loveBy Randy Whalen Correspondent What does it take to make a state champion? “We had guys that I’ve been hard on for nine months,” Marist boys volleyball coach Jordan Vidovic said. “All for a five-point stretch. “None of them ran away from the challenge.” How big were some of those five-point stretches? The…
Red Stars ready for Wrigley
Spread the loveBy Jeff Vorva Correspondent After weeks of hype and anticipation, the Chicago Red Stars are finally ready to invade Wrigley Field. While the Red Stars may not draw the NWSL record of 34,130 spectators they were hoping for on June 8, they do have a shot to surpass the franchise record 23,951, which…
Area Sports Roundup | New coaches named at Richards and Stagg
Spread the loveBy Jeff Vorva Correspondent A few area high school coaching vacancies have been filled, including those for Richards boys basketball and Stagg football. Jamal Thompson takes over at Richards for Kyle Rathbun. Thompson has experience coaching at Seton, Leo and St. Rita. Jacob O’Connor will lead Stagg football, where he takes the reins…
Memorial service honors longtime Independence art teacher
Spread the loveBy Kelly White Palos School District 128 honored the life of one of its beloved educators with a Memorial Service. The service at Independence Jr. High School, 6610 W. Highland Dr., Palos Heights, May 24 honored the legacy of longtime art teacher, Mike Maholland, of Hickory Hills, who passed away on February 18.…