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
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…
‘You just learn to live with the pain’
Spread the loveStatus hearing in July for McCook murder By Steve Metsch The attorney representing a Chicago man charged with murdering a Blue Island man in McCook in February told a judge Wednesday there’s been “a significant and outstanding discovery in this matter.” Attorney Damon Cheronis made his comment before Cook County Circuit Court Judge…
Man shot in La Grange; suspect arrested in Stickney
Spread the loveBy Steve Metsch A man was shot Tuesday afternoon in La Grange, according to a news release received Wednesday from the police department. A suspect has been apprehended, the release said. The shooting victim remains in stable condition at a local hospital, the release said. La Grange Police, working with the Major Case…
Softball | Marist will play for state title for fourth straight season
Spread the loveBy Randy Whalen Correspondent Marist returned to the state title game for the fourth straight season with a 7-1 victory over Mundelein in the semifinals, held June 7 at Louisville Slugger Sports Complex in Peoria. The Mustangs (36-2) were making their first appearance at state since 1996. “We have a core group of returners,”…
McCook building inspector retires after 18 years
Spread the loveBy Steve Metsch After 18 years of inspecting buildings, be it a modest bi-level house or a sprawling multi-million-dollar warehouse, Terrence Hickey is retiring from the village of McCook. His retirement takes effect June 28, Mayor Terrance Carr said during the June 3 meeting of the village board. “I’m jealous,” Carr said. “(He’s…
New Summit Girl Scout troop off and running
Spread the loveBy Carol McGowan There’s a new Girl Scout Troop in Summit, and they have been busy. Troop 56615 is made up of girls from Summit School District 104 from first-grade to third-grade, and between 7-9 years old, making them Brownies in the scouting world. They have 10 girls so far, and Troop Leader…
Neighbors
Tabares backs West Lawn Branch Library
Spread the love Twenty-third Ward Ald. Silvana Tabares (left) recently toured the renovated West Lawn Branch Library, 4020 W. 63rd St.,, with new branch manager Mina Duarte. Details about the renovation’s may be found in the West Lawn column in the January 28 Greater Southwest News-Herald. –Supplied photo
Chuy backs Starbucks unionization
Spread the love U.S. Rep Jesús “Chuy” García (D-4th), white mask, recently stood with those who support unionization of Starbucks workers, outside a shop in the city. Workers are attempting to organize under the banner of Chicago and Midwest Joint Board, Workers United, an affiliate of the Service Employees International Union. –Supplied photo
‘Grizzled’ sophomores help Naz beat Marist
Spread the loveBy Jeff Vorva Staff Writer Nazareth’s “grizzled veterans” have won 19 of their first 20 games. The Roadrunners’ were victorious in a big East Suburban Catholic Conference showdown with Marist, with two sophomores doing most of the damage in a 53-42 win in LaGrange Park on Jan. 19. Nazareth improved to 19-1, 4-0.…
Postseason Sports Report: Area stars ready for state bowling and dancing
Spread the loveBy Jeff Vorva Staff Writer The first two IHSA state tournaments for winter sports will take place this weekend, and an army of area athletes will be competing in both. The boys bowling and competitive dance championships will be held Friday and Saturday, with the bowlers heading to St. Clair Bowl in O’Fallon…
Strus tops former coach in Stagg’s win over Sandburg
Spread the loveBy Jeff Vorva Staff writer Marty Strus has nothing but good things to say about his former high school coach, John Daniels. “He’s meant a ton to me,” Strus said of the coach he faced off against last week when his Stagg Chargers took on Sandburg. “He meant a lot to me as…
Palos Area Chamber dedicated to promoting area
Spread the loveBy Kelly White Dedicated to helping local area businesses strive is the Palos Area Chamber of Commerce. The chamber was formed in 1949 when a small group of merchants joined together for the purpose of advancing economic, industrial, professional, cultural, and civic welfare of the Palos Heights area. For 68 years, the Palos…
We need real solutions to crime
Spread the loveBy Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 Crime and safety concerns are the number one topic of all the calls and texts I receive. It seems that many politicians offer no solutions except the usual lists of ways to keep safe. I think everyone knows about locking…
Icy spill yielded plenty of good will
Spread the loveBy Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 Here is a giant shout out to our first responders in the community. On Jan. 9, when a sheet of ice descended on Chicago, I was walking the dog. Walking around Peck School was great.…
It’s a busy January in Gage Park
Spread the loveBy Joan Hadac Neighborhood correspondent at large Greetings, Gage Parkers! I’m pleased to be filling in this week for Karen Sala. It’s fun for me to report on Gage Park, the neighborhood where I lived for the first 26 years of my life. There’s always something happening in this big, exciting part of…