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
Orland Park officials Geeked up over new safety ranking
Spread the loveBy Jeff Vorva The Geek has spoken. And Orland Park officials liked what it had to say. The MoneyGeek personal finance technology company ranked Orland Park eighth safest out of 952 United States cities between 30,000 and 100,000 residents for 2021. “As crime continues to rise in Chicago and the surrounding suburbs, we…
Willow Springs hires three for police department
Spread the loveBy Steve Metsch All three new hires by the Willow Springs Police Department have some experience working in the village. But as of Jan. 27, they are officially members of the police department. The Willow Springs Village Board, at its most recent meeting, hired Andzeliak Bugajski and Anthony Vosicky as part-time officers and…
Argo wrestlers advance to sectionals
Spread the love From staff reports Nine members of the Argo wrestling team qualified for this weekend’s sectional tournament at the IHSA Class 3A regional at Mount Carmel High School last Saturday. Head Wrestling Coach Matthew McMurray said, “It was a great job by all of our wrestlers as they finished in third place. We…
Spartan Educational Foundation presents Rat Pack tribute
Spread the loveBy Kelly White Oak Lawn Community High School’s Spartan Educational Foundation is dedicated to helping students fulfill their dreams. “The Spartan Educational Foundation is continuously looking for opportunities to raise funding to support our student scholarship and staff mini-grant programs,” Michael Riordan, Superintendent at Oak Lawn Community Hight School and Spartan Educational Foundation…
Stickney’s St. Pius X Parish to merge with St. Leonard
Spread the loveBy Bob Bong St. Pius X Parish in Stickney will merge with St. Leonard Parish in Berwyn this summer, Cardinal Blase J. Cupich, archbishop of Chicago, announced last month. The merger is part of the archdiocese’s ongoing Renew My Church initiative and will take effect on July 1. The new parish will have one…
La Grange twins are Chick Evans scholars
Spread the loveBy Steve Metsch Long hours spent in the La Grange Country Club’s caddie shack – killing time by reading books or playing cards as they wait to be called to duty – have paid off for a brother and sister. Through the past four years, Caroline and Casey Hart honed their skills, learned…
Fun from above
Spread the love While some folks see heavy snowfall and curse the skies, children in Clearing and Garfield Ridge seemed thrilled with last week’s winter windfall. Schools cancelled classes, and kids like Garfield Ridge sisters Makayla, 10, and 6-year-old Mia Hernandez grabbed their plastic sleds and rode ripples of white all afternoon on a large…
Brother Rice’s 11-game win streak ends with loss to Leo
Spread the loveBy Jeff Vorva Staff writer In seemingly a blink of an eye, Brother Rice picked up as many losses as it had all season. The Crusaders headed into last weekend’s action with a 21-2 record and was 10-0 in the Chicago Catholic League Blue. But Friday night, they suffered a 56-50 setback to…
Area Sports Roundup: Six area girls bowling teams headed to sectionals
Spread the loveBy Jeff Vorva Staff writer Six area girls bowling teams are headed to sectionals. Reavis and Stagg won IHSA regional titles last Saturday, and four other teams have advanced to this weekend’s action. Reavis won its own regional at Palos Lanes in Palos Hills with a 5,378 in six games, well ahead of…
Neighbors
Young Spiderman fan wishes students a great summer
Spread the loveBy Nuha Abdessalam Spiderman-kid bids farewell and wishes a beautiful summer break to students of Glen Oak Elementary in Hickory Hills. Since the summer of 2023, when he discovered the movie “Spiderman: Into the Spider-Verse,” a story about multiple Spidermen from different dimensions, 6-year-old Ribhi Gaber has been more than just a fan…
Worth finalizes rules for open burning in village
Spread the loveBy Joe Boyle After several discussions over the past month, the Village of Worth has new guidelines for open burning by businesses and in residential areas. Mayor Mary Werner mentioned during the Worth Village Board meeting Tuesday night that a discrepancy in an ordinance regarding open burning had a 10 p.m. deadline. However,…
Orland Township event focuses on mental health
Spread the loveBy Kelly White Orland Township is taking the time to focus on mental health. Residents were invited out to join Orland Township Supervisor Paul O’Grady for an event called, Minds Matter 2024, on May 16 at Orland Township, located at 14807 S. Ravinia Avenue in Orland Park. “This was an excellent opportunity to…
Bridgeview shooting not related to Summer Smash
Spread the loveBy Bob Bong Bridgeview Police Chief Ricardo Mancha on Monday wanted to emphasize that a shooting in the village Saturday night had nothing to do with the Summer Smash music festival that took place over the weekend at SeatGeek Stadium. “It was an isolated incident,” he said. “Completely unrelated to the Summer Smash…
Summer jobs available for youths through Lyons Township
Spread the loveBy Steve Metsch The summer jobs program offered each year by the Township of Lyons is up and running. The program for high school and college students “is designed to give young individuals an opportunity for summer employment,” Trustee Donna McDonald said at the township board’s June 11 meeting. The jobs program started…
Pair busted for Summit phone store robberies
Spread the loveBy Bob Bong Two Chicago men have been charged with robbing two phone stores in Summit earlier this year. Jacari Franklin and Austin White are charged with robbing the T-Mobile store at 5640 S. Harlem Ave. on March 28 and the AT&T store at Archer and Harlem avenues on April 18, police said.…
Car enthusiasts crowd annual Father’s Day show in Lyons.
Spread the loveBy Steve Metsch Held under sunny and warm skies Sunday, the annual Father’s Day Car Show in Lyons was deemed a smashing success by participants and visitors. Not only were car lovers able to admire the four-wheeled beauties, some owners spent quality time with Dad or a spouse. Don Raschka, 80, of Central…
May this summer be a good season
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . “Summer was our best season. It was sleeping on the screened porch on cots, or trying to sleep in the treehouse, summer was everything good to eat. It was a thousand colors in a parched landscape.”…