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
2024 Math Bowl adds up to success for District 128
Spread the loveBy Kelly White If you asked first-grader Jimmy Gushurst his favorite subject, he will tell you, simply, math. However, Jimmy’s determination in the field led him to take home first place for his grade level at Palos Heights School District 128 in the 2024 South Cook Math Bowl. “Math is fun,” Jimmy, 6,…
Great idea or snow job?
Spread the love. SW Siders react to mayor’s winter plan . By Tim Hadac A new plan to remove snow and ice from city sidewalks was released last Friday by Mayor Brandon Johnson, prompting a range of reactions from Southwest Siders. “Any time you see a politician announce something on a Friday, quietly with no…
Palos 118 teams shine at 2024 South Cook Math Bowl
Spread the loveFrom staff reports Palos School District 118 took home several awards at the 2024 South Cook Math Bowl that was held at Prairie State College in May. On day one of the event, Palos 118’s 5th/6th grade team took first place, with Brian Kaufmann placing fifth and Rhiannon Chen placing second in the sixth-grade…
Orland Township hosts annual Senior Health Fair
Spread the loveBy Kelly White Orland Township cares about the health and welfare of its residents. The township and Supervisor Paul O’Grady hosted a Senior Health Fair aimed to provide free health services and information to senior citizens. The event took place on May 21 at Orland Township, 14807 S. Ravinia Ave. “Our annual Senior…
Sascha Rubens graduates at the top of her Shepard class
Spread the loveBy Kelly White Sascha Rubens has left quite the imprint on her former high school. Rubens become one of eight students in Illinois to receive a Choose to Include scholarship from Special Olympics of Illinois. This is awarded to students that demonstrate commitment to building an inclusive environment within their school and community.…
Rainy ribbon-cutting at Schussler Park strangely appropriate
Spread the loveBy Jeff Vorva It was actually fitting that the Schussler Park ribbon cutting ceremony on June 1 took place during a downpour. The first phase of the face-lift of the park, it was the opening of the Michael Schofield III Sports Complex to the public and the rain not only didn’t put a…
Outdoor market returns to St. Mark Church on June 8
Spread the loveBy Joe Boyle Summer is just a couple of weeks away and Worth Mayor Mary Werner reminds residents that there are plenty of activities to look forward to. Werner mentioned during the Worth Village Board meeting Tuesday night that the outdoor market returns from 7 a.m. to 2 p.m. Saturday, June 8, at St. Mark…
Love can bloom in June
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Happy June, everyone! The month of June used to be the most popular month to get married. Surprisingly, the month with the most weddings nowadays is October. According to industry professionals, 14.9% of weddings in the…
Enjoy summer while we have it
Spread the love. . By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Congratulations to all who have celebrated with spring festivities. They are winding down now, the Communions, Confirmations and now graduations. Thoughts turn to summer vacations and hot dogs on the grill. It…
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.”…