![Gun rights advocates file opening legal challenges to Illinois’ assault weapons ban Gun rights advocates file opening legal challenges to Illinois’ assault weapons ban](https://southwestregionalpublishing.com/wp-content/uploads/2023/01/img-ASSAULT-WEAPON-3otYYo.png)
Gun rights advocates file opening legal challenges to Illinois’ assault weapons ban
By HANNAH MEISEL
For Capitol News Illinois
news@capitolnewsillinois.com
SPRINGFIELD – A trio of gun owners and a firearms retailer in southeastern Illinois have filed the first two lawsuits in what’s expected to be a flurry of litigation against the state’s new law banning the sale and manufacture of assault weapons in Illinois.
Democratic leaders who pushed the ban had expected legal challenges. Senate President Don Harmon, who sponsored the legislation during lawmakers’ “lame duck” session last week, even closed his arguments during floor debate with a pithy “see you in court.”
Even before Gov. JB Pritzker signed the bill into law, the Illinois State Rifle Association responded in a statement saying, “challenge accepted.”
As of Tuesday afternoon – nearly a week after Pritzker’s signature on the legislation – the group still hadn’t filed its lawsuit, but ISRA’s executive director Richard Pearson said he’d be “filing a federal lawsuit imminently.”
Meanwhile, Wood River-based attorney Thomas Maag filed suit Friday afternoon in Crawford County on behalf of three gun owners. Despite longer odds for success in a non-federal court venue, Maag on Tuesday framed his 16-page lawsuit as democratic idealism.
“State court is the court that’s closest to the people,” Maag said. “The people affected by this (law) are people in the state of Illinois. We think state court can clean up the mess created by the governor and legislature of the state of Illinois.”
The assault weapons ban, which will effectively ban Illinoisans from buying new assault-style rifles in the state, will require those who already own such firearms as of Jan. 1, 2024, to register those guns with the state police.
Illinois is the ninth state to enact some form of a ban on assault weapons, all of which have survived legal challenges so far. But gun rights advocates are counting on the U.S. Supreme Court’s decision last year striking down New York state’s handgun-licensing law to usher in a more permissive interpretation of the Second Amendment and a new era of litigation re-examining state and local gun laws.
The lawsuits challenging Illinois’ new law draws on that updated interpretation, which the conservative majority on the court defined as a broad right for Americans to carry a handgun outside the home for self-defense. The opinion’s author, Clarence Thomas, wrote that going forward, courts should only uphold laws restricting guns “if a firearm regulation is consistent with this Nation’s historical tradition.”
Additionally, Maag’s suit claims the law’s assault weapons registration requirement is unconstitutional because that registration could be used against someone in criminal court – a form of self-incrimination protected against under the Fifth Amendment.
But the meatiest part of Maag’s suit attacks Illinois’ ban on high-capacity magazines as unworkable.
Maag provided dozens of examples of specific guns and their standard magazine capacities, illustrating how the law’s ban on magazines over 10 rounds for long guns and 15 rounds for handguns is at odds with what’s actually on the market.
The U.S. M1 Carbine, for example, which Maag characterized as “one of the most popular firearms” both in the U.S. and internationally, has had a standard 30-round capacity since 1944.
“Of firearms designed and sold for self defense, those with magazine capacities of 10 rounds or less are rare and unusual, and those pistols with 15 or fewer rounds are usually compact versions of normal firearms, or historical and obsolete” Maag wrote in his suit.
The suit also claimed the ban on high-capacity magazines is “unconstitutionally vague.”
“It is objectively impossible to determine a given ammunition capacity without knowing what ammunition will be fed into it,” Maag wrote in his suit. “As such, no objectively intelligent person can determine whether a given ammunition magazine is legal, simply be [sic] looking at it, and likely even with expert advice.”
Along with Maag’s lawsuit, unsuccessful Republican attorney general candidate Tom DeVore filed suit over the assault weapons ban in Effingham County, and on Tuesday touted a preliminary hearing in the case expected Wednesday. DeVore, who made a name for himself filing lawsuits over Pritzker’s COVID-19 restrictions in 2020 and 2021, filed suit on behalf of Effingham-based gun retailer and shooting range Accuracy Firearms LLC.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
![reporter 6-18-24 HH spiderman Ribhi “Spiderman” Gaber wishes everyone at Glen Oak School a great summer. (Photos by Nuha Abdessalam)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/reporter-6-18-24-HH-spiderman-1024x768.jpg)
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…
![reporter worth welcome sign reporter worth welcome sign](https://southwestregionalpublishing.com/wp-content/uploads/2022/03/reporter-worth-welcome-sign.jpg)
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,…
![2 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, 14807 S. Ravinia Avenue in Orland Park. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2024/05/2-1024x768.jpeg)
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 police logo bridgeview police logo](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/bridgeview-police-logo.png)
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…
![lyons township logo lyons township logo](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/lyons-township-logo.png)
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…
![summit police logo summit police logo](https://southwestregionalpublishing.com/wp-content/uploads/2023/01/summit-police-logo-1024x986.jpg)
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.…
![dvn 6-17-24 lyons car show3 2024 Bruce Quintos (right) visits with Lyons Village Trustee Dan Hilker in front of Quintos’ 1957 Chevy Bel Air that he lovingly restored. (Photos by Steve Metsch)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/dvn-6-17-24-lyons-car-show3-2024-1024x707.jpg)
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…
![PeggyZabicki Peggy Zabicki](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/PeggyZabicki-1024x768.jpg)
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.”…
Neighbors
![2 Rhone Talsma (right), Chicago Ridge Public Library's Multimedia Librarian, today defeated 40-day champion, Amy Schneider, in Final Jeopardy, walking away with $29,600. He's standing next to host Ken Jennings. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/2-2-1024x576.jpg)
Chicago Ridge librarian knocks off ‘Jeopardy’ champion
Spread the loveBy Kelly White Rhone Talsma grew up watching “Jeopardy!” – the classic game show with a twist where the answers are given first, and the contestants supply the questions. On Wednesday, Talsma knocked off 40-day champion Amy Schneider and won almost $30,000 in the process of becoming the new champion. Locally, the show…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Seven Mt. Carmel wrestlers win titles, help Caravan to Chicago Catholic League crown; Brother Rice takes 3rd
Spread the loveBy Steve Millar Correspondent Ryan Boersma did not get the opportunity to become a four-time Catholic League champion because the COVID-19 pandemic caused to the cancellation of the conference tournament. But winning three Catholic League championships at two schools, and wrapping it up by winning a Lawless Award for the league’s best senior…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Davion Lawrence’s double-double leads Oak Lawn over Richards
Spread the loveBy Steve Millar Correspondent When they were growing up, Johnny McGowan had the upper hand when squaring off on the court against Davion Lawrence. “Me and him go way back,” said McGowan, a senior guard at Oak Lawn. “He used to sleep over at my house when we were younger. We went to…
![GSWNH_PlantChicagoMarket_012822 Plant Chicago is a non-profit that encourages the growth neighborhood-based start-up businesses and which promotes what it calls a circular economy. It promotes a community-wide adoption of business models designed to recycle and reuse materials, money, expertise and more. Initially headquartered in a century-old warehouse in Back of the Yards, Plant Chicago has relocated to what was a vacant firehouse at 45th and Marshfield. Its indoor farmers markets are possibly its best-known and most popular events. The next market is set for 11 a.m. to 3 p.m. Saturday, Jan. 29 at its headquarters. For details, visit plantchicago.org. --Supplied photo](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_PlantChicagoMarket_012822-1024x768.jpg)
Funds flow to Back of the Yards
Spread the loveFour groups get grants; millions more available By Tim Hadac Four organizations in Back of the Yards—three businesses and a non-profit—are among 31 awarded more than $14.4 million in small business grants being allocated through the Chicago Recovery Plan. They are: Diaz Group Office Space, 5100 S. Damen, $250,000. El Nuevo Guadalajara, 4350…
![GSWNH_TamikoTalbertFlemming_012822 Talbert Fleming](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_TamikoTalbertFlemming_012822-1020x1024.jpg)
Offer reward in grandma’s slaying
Spread the loveWas shot on 71st Street By Tim Hadac A $15,500 reward is offered for information leading to the arrest and conviction of whoever shot and killed a 49-year-old grandmother in the Chicago Lawn neighborhood. Tamiko L. Talbert Fleming, of south suburban Dolton, was in the driver’s seat of her vehicle at 71st…
![GSWNH_GirlScoutCookies_012822 GSWNH_GirlScoutCookies_012822](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_GirlScoutCookies_012822.jpg)
A sweet salesgirl
Spread the love Alessandra Valentina Paredes, a Daisy Scout with Girl Scout Troop 20637 (sponsored by St. Nicholas of Tolentine Parish), shows a sweet smile as she begins her first-ever time selling Girl Scout Cookies. The daughter of West Lawn residents Jose Antonio and Lorena Paredes, Alessandra, age 5, joined the Daisies just four months…
![CRRNH_FrontierJet_012622 CRRNH_FrontierJet_012622](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/CRRNH_FrontierJet_012622.jpeg)
Midway is new for Frontier
Spread the loveLow-fare airline coming in April By Tim Hadac Low-fare passenger airline options are set to increase at Midway International Airport this spring, with the arrival of Frontier Airlines. The expansion of air travel options was announced at a press conference last week at the airport. With 10 new nonstop routes taking off starting…
![BobbyRush U.S. Rep. Bobby Rush](https://southwestregionalpublishing.com/wp-content/uploads/2021/06/BobbyRush-819x1024.jpg)
Rush rips USDA over plight of black farmers
Spread the love‘House is on fire,’ congressman says From staff reports U.S. Rep. Bobby L. Rush (D-1st) recently questioned U.S. Department of Agriculture Secretary Tom Vilsack about what Rush called “the dire prognosis of black farmers in the U.S. and the steps USDA is taking to help minority farmers.” “As you well know, our nation’s…
![GSWNH_MonteHandley_012822 Handley](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_MonteHandley_012822.jpg)
Charge man with Archer Heights carjacking
Spread the loveBy Tim Hadac Police say they’ve solved a carjacking that occurred in Archer Heights earlier this month. An 18-year-old Southeast Side man was charged with aggravated vehicular hijacking in connection with the crime. Monte Handley, of the 9000 block of South Muskegon, was apprehended by police in the 7500 block of South Ellis…