Federal judge refuses to block assault weapons ban enforcement

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

CRRNH_PattiTyznik_102622

Autumn fun right around the corner

Spread the love

Spread the love  There’s a bite in the air and Halloween decorations are on sale everywhere! Time for football and bonfires and curling up with a good book. The days may be getting shorter but there’s still plenty to do. It’s going to be a busy month around the neighborhood this fall so keep a…

CPD Officers, Bryce Crosby and Andrews Zepeda; CPD Sgt. Rudy Vargas; and former Ridge Funeral Home Director Ed Tylka enjoy themselves at the Ridge Funeral Home First Responders Cookout on September 7. (Photos by Kelly White)

Ridge Funeral Home Hosts Appreciation Cookout to Honor First Responders

Spread the love

Spread the love In honor of local heroes, Ridge Funeral Home took time to honor those who dedicate their time and lives to helping others. The funeral home, 6620 W. Archer Avenue, Chicago, hosted a First Responders Appreciation Cookout on September 7 as a thank you to local police officers and firefighters, and all first…

Logo-St Laurence

Football | St. Laurence ‘D’ dominates in shutout of Notre Dame

Spread the love

Spread the loveSt. Laurence coach Adam Nissen was a happy man following the Vikings’ 24-0 shutout victory of Niles Notre Dame, Whether running the ball or dominating the Dons defensively, St. Laurence turned in an impressive performance in the CCL/ESCC crossover on Sept. 13 in Burbank. The Vikings defense allowed just 55 yards of total…

Sandburg senior quarterback Anthony Shelton (seen here in a game this season against St. Rita), threw for 283 yards and three touchdowns in a 63-34 win over Homewood-Flossmoor. Photo by Xavier Sanchez

Football | Sandburg’s Shelton throws for 3 TDs, defense scores twice in win over Homewood-Flossmoor

Spread the love

Spread the loveSandburg quarterback Anthony Shelton threw three touchdown passes, Quinn Durkin scored three times and the Eagles got two TDs from their defense as they rolled to a 63-34 win over Homewood-Flossmoor in a Week 3 Southwest Valley crossover. Shelton, a senior third-year starter, finished 14-of-19 for 283 yards and the three TDs to…

SRP-IMAGE-Logo

Football | Defense keys Argo to win over rival Reavis

Spread the love

Spread the loveIn Argo’s last two meetings against arch-rival Reavis, both of them losses, the Argonauts defense allowed a combined 69 points. Heading into Week 3’s South Suburban Red opener for both teams, Argo vowed things would be different this season. They were, as a stingy, hard-hitting defense helped the Argonauts (3-0, 1-0 South Suburban…

Logo-Lyons

Football | Blocked FG returned for TD sparks Lyons in win over Hinsdale Central

Spread the love

Spread the loveLyons’ special teams lived up to its name in a Week 3 victory over longtime rival Hinsdale Central in the West Suburban Silver-opener for both teams. On a 40-yard field goal attempt by the Red Devils in the second quarter, Lions senior Ryan Gertsmeier blocked the kick and senior Mack Long scooped up…

Logo-St. Rita

Football | St. Rita scores late to top Brother Rice in defensive struggle

Spread the love

Spread the loveSt. Rita junior quarterback Steven Armbruster gained valuable experience on varsity last season, appearing in five games as the Mustangs backup signal-caller.  This season, Armbruster is the unquestioned starter, and in a 14-7 victory over Brother Rice on Sept. 13 he proved he’s ready for the spotlight. Armbruster’s 80-yard scoring connection with junior…

Great Lakes Beer and Bourbon has closed its doors in Palos Park. (Photo by Steve Neuhaus)

Comings & Goings: Great Lakes Beer and Bourbon closes

Spread the love

Spread the loveGreat Lakes Beer and Bourbon abruptly closed its doors earlier this month in Palos Park after being open since last summer. The pub at 12900 S. LaGrange Road in Palos Park closed September 3 with little warning. The business posted a farewell message on its Facebook page: “To all our loyal customers over…

township_crop

Property values soar 31% in Lake Township

Spread the love

Spread the loveCook County Assessor Fritz Kaegi has announced the initial reassessments for residential and commercial properties in Lake Township, marking an important update for property owners. On August 29, Kaegi revealed a 31% increase in the total assessed value, driven by the changing real estate market over the past three years. With reassessments happening…

Overhead view of final minutes of the August 31 Mass in the St. Casimir Chapel celebrating the Transfer of SSC Congregational Leadership. (Photos courtesy of Daina Cyvas)

Sisters of St. Casimir join forces with Immaculate Heart of Mary

Spread the love

Spread the loveAs they have every year, the Sisters of St. Casimir prepared to celebrate the anniversary of their founding at the end of August. But this would be much different than in past years when Summerfests adorned the sprawling grounds of the Motherhouse on Marquette Road. Just as those fests were important to the…

Neighbors

CRRNH_PattiTyznik_102622

Autumn fun right around the corner

Spread the love

Spread the love  There’s a bite in the air and Halloween decorations are on sale everywhere! Time for football and bonfires and curling up with a good book. The days may be getting shorter but there’s still plenty to do. It’s going to be a busy month around the neighborhood this fall so keep a…

CPD Officers, Bryce Crosby and Andrews Zepeda; CPD Sgt. Rudy Vargas; and former Ridge Funeral Home Director Ed Tylka enjoy themselves at the Ridge Funeral Home First Responders Cookout on September 7. (Photos by Kelly White)

Ridge Funeral Home Hosts Appreciation Cookout to Honor First Responders

Spread the love

Spread the love In honor of local heroes, Ridge Funeral Home took time to honor those who dedicate their time and lives to helping others. The funeral home, 6620 W. Archer Avenue, Chicago, hosted a First Responders Appreciation Cookout on September 7 as a thank you to local police officers and firefighters, and all first…

Logo-St Laurence

Football | St. Laurence ‘D’ dominates in shutout of Notre Dame

Spread the love

Spread the loveSt. Laurence coach Adam Nissen was a happy man following the Vikings’ 24-0 shutout victory of Niles Notre Dame, Whether running the ball or dominating the Dons defensively, St. Laurence turned in an impressive performance in the CCL/ESCC crossover on Sept. 13 in Burbank. The Vikings defense allowed just 55 yards of total…

Sandburg senior quarterback Anthony Shelton (seen here in a game this season against St. Rita), threw for 283 yards and three touchdowns in a 63-34 win over Homewood-Flossmoor. Photo by Xavier Sanchez

Football | Sandburg’s Shelton throws for 3 TDs, defense scores twice in win over Homewood-Flossmoor

Spread the love

Spread the loveSandburg quarterback Anthony Shelton threw three touchdown passes, Quinn Durkin scored three times and the Eagles got two TDs from their defense as they rolled to a 63-34 win over Homewood-Flossmoor in a Week 3 Southwest Valley crossover. Shelton, a senior third-year starter, finished 14-of-19 for 283 yards and the three TDs to…

SRP-IMAGE-Logo

Football | Defense keys Argo to win over rival Reavis

Spread the love

Spread the loveIn Argo’s last two meetings against arch-rival Reavis, both of them losses, the Argonauts defense allowed a combined 69 points. Heading into Week 3’s South Suburban Red opener for both teams, Argo vowed things would be different this season. They were, as a stingy, hard-hitting defense helped the Argonauts (3-0, 1-0 South Suburban…

Logo-Lyons

Football | Blocked FG returned for TD sparks Lyons in win over Hinsdale Central

Spread the love

Spread the loveLyons’ special teams lived up to its name in a Week 3 victory over longtime rival Hinsdale Central in the West Suburban Silver-opener for both teams. On a 40-yard field goal attempt by the Red Devils in the second quarter, Lions senior Ryan Gertsmeier blocked the kick and senior Mack Long scooped up…

Logo-St. Rita

Football | St. Rita scores late to top Brother Rice in defensive struggle

Spread the love

Spread the loveSt. Rita junior quarterback Steven Armbruster gained valuable experience on varsity last season, appearing in five games as the Mustangs backup signal-caller.  This season, Armbruster is the unquestioned starter, and in a 14-7 victory over Brother Rice on Sept. 13 he proved he’s ready for the spotlight. Armbruster’s 80-yard scoring connection with junior…

Great Lakes Beer and Bourbon has closed its doors in Palos Park. (Photo by Steve Neuhaus)

Comings & Goings: Great Lakes Beer and Bourbon closes

Spread the love

Spread the loveGreat Lakes Beer and Bourbon abruptly closed its doors earlier this month in Palos Park after being open since last summer. The pub at 12900 S. LaGrange Road in Palos Park closed September 3 with little warning. The business posted a farewell message on its Facebook page: “To all our loyal customers over…

township_crop

Property values soar 31% in Lake Township

Spread the love

Spread the loveCook County Assessor Fritz Kaegi has announced the initial reassessments for residential and commercial properties in Lake Township, marking an important update for property owners. On August 29, Kaegi revealed a 31% increase in the total assessed value, driven by the changing real estate market over the past three years. With reassessments happening…

Overhead view of final minutes of the August 31 Mass in the St. Casimir Chapel celebrating the Transfer of SSC Congregational Leadership. (Photos courtesy of Daina Cyvas)

Sisters of St. Casimir join forces with Immaculate Heart of Mary

Spread the love

Spread the loveAs they have every year, the Sisters of St. Casimir prepared to celebrate the anniversary of their founding at the end of August. But this would be much different than in past years when Summerfests adorned the sprawling grounds of the Motherhouse on Marquette Road. Just as those fests were important to the…