State Supreme Court weighs assault weapons ban
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – The Illinois Supreme Court is now deciding whether the state’s recently enacted assault weapons ban violates certain provisions of the Illinois Constitution.
In March, a circuit court judge in Macon County sided with a group of plaintiffs led by state Rep. Dan Caulkins, R-Decatur, and declared the law unconstitutional. The state appealed directly to the Supreme Court, which put a hold on the Macon County decision and put the case on an expedited schedule.
State Rep. Dan Caulkins, R-Decatur, is pictured in a file photo. He is the lead plaintiff in a case before the Illinois Supreme Court challenging a recent state assault weapons ban. (Capitol News Illinois photo by Peter Hancock)
The court heard oral arguments Tuesday in the case. They argued that the law is unfair because it allows certain people, but not others, to continue buying and selling a category of firearms defined as “assault weapons.”
Plaintiffs’ attorney Jerry Stocks argued that because the law allows some people to continue owning the banned weapons – law enforcement officers, certain security guards, active-duty military personnel, and people who already owned those weapons before the law took effect, among others – it violates the state constitution’s equal protection clause. He also argued it violates a ban on “special legislation,” or legislation written for the benefit of one person or group of people.
Attorney Jerry Stocks, who represents the plaintiffs in a lawsuit challenging the state’s assault weapons ban, is pictured outside the Illinois Supreme Court building Tuesday after the court heard oral arguments in the case. (Capitol News Illinois photo by Peter Hancock)
“These are criminal statutes,” Stocks told the court. “And we’re immunizing folks that have absolutely no difference in the enjoyment of the Second Amendment or the enjoyment of Article 1, Section 22 (of the Illinois Constitution) … than anyone else.”
The Second Amendment to the U.S. Constitution and Article 1, Section 22 of the Illinois Constitution both deal with the right to bear arms. But the state constitution’s language is different because it says the right is subject to the police power of the state, meaning it can be regulated to protect public health and safety or law and order.
That distinction is important because in federal law, the right to bear arms is considered a “fundamental right,” and any limitations on it are subject to “strict scrutiny.” That means the government has to show there is a compelling state interest that makes limiting the right necessary and that the law is narrowly tailored to achieve that interest.
In Illinois state constitutional law, however, the right to bear arms is not a fundamental right, and the government is authorized under the state constitution to put limits on it. That means the government only needs to show the limitations have a “rational basis” behind them.
“The purpose of this legislation is to freeze the supply of assault weapons, reduce their further proliferation throughout the state to increase public safety,” Assistant Attorney General Leigh Jahnig said, arguing for a rational basis review.
But Stocks argued that in more recent case dealing with the Second Amendment, the U.S. Supreme Court has moved beyond the rational basis vs. strict scrutiny question. In a decision last summer, the U.S. Supreme Court began using a new standard that requires the state to show that a regulation is consistent with the nation’s “historical tradition of firearm regulation.”
Chief Justice Mary Jane Theis is pictured in the Illinois Supreme Court chamber during her swearing in ceremony last year. (Capitol News Illinois photo by Jerry Nowicki)
The state, however, argued that the federal standard for judging Second Amendment issues should not apply in the Illinois case because the plaintiffs did not make a Second Amendment claim in their initial suit. And Chief Justice Mary Jane Theis appeared to agree.
“That’s not what you brought,” she told Stocks about his Second Amendment claims. “You frame this in a totally different way. You could have joined the three federal cases. You chose to shape it in a different way around special legislation and an equal protection. It’s a much different analysis.”
Lawsuits move in federal court
On April 28, a federal judge in East St. Louis issued a temporary order blocking enforcement of the weapons ban while three cases consolidated in the Southern District of Illinois was being heard. But federal judges in the Northern District that were hearing similar challenges have declined to issue injunctions.
A week after the Southern District judge’s order, the Seventh Circuit Court of Appeals put a hold on it. The appellate court has since said it will hear a consolidated appeal in five cases dealing with the Illinois law, and it will do so on an expedited schedule.
Oral arguments before the Seventh Circuit are scheduled for June 29.
In the meantime, plaintiffs in the Southern District cases have filed an application with U.S. Supreme Court Justice Amy Coney Barrett for an emergency injunction to block enforcement of the law while the appeals are being heard. Barrett has not yet ruled on that application.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets 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
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Hodgkins toasts village businesses
Spread the loveBy Carol McGowan Hodgkins Mayor Ernest Millsap and the Board of Trustees celebrated the village’s businesses at its annual Business Appreciation Breakfast on April 10. Over 100 people gathered at the Hodgkins Administration Center for a hearty breakfast hosted by the village. Representatives from many businesses that are located in or that work…
Pickleball courts coming to Palos Park
Spread the loveBy Jeff Vorva There will finally be outdoor pickleball in Palos Park. In a process that went longer than anticipated, the Palos Park Village Council was able give the green light to get a pickleball project started on the Village Green. The council voted April 8 to award the contract to U.S. Tennis…
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Neighbors
Billions of cicadas get ready to raise a racket
Spread the loveBy Kelly White If you haven’t heard the buzz yet, you will soon. With 2024 marking a big year for periodical cicadas in Illinois, billions of the red-eyed buggers will soon be making an appearance. Periodical cicada broods XIII and XIX will be emerging throughout much of the state at the same time.…
‘A man of honor, a beacon of kindness’
Spread the love. Chicago weeps for Officer Luis Huesca . By Tim Hadac People across the Southwest Side shed tears earlier this week, as throngs of police officers and other filled the St. Rita of Cascia Shrine Chapel at 77th and Western for a funeral Mass for CPD Officer Luis M. Huesca. Officer Huesca was…
Archer Manor Little League starts its 2024 season
Spread the love. Sunny skies and mild temperatures greeted the boys and girls, moms and dads, umpires and coaches, and everyone else participating in Archer Manor Little League’s Opening Day parade and ceremonies at Archer Park. Since 1952, AMLL has provided athletic opportunities for thousands of boys and girls in Archer Heights, West Elsdon, Central…
Dread over car drifters on streets
Spread the love. Reckless drivers take over SW Side intersections . By Tim Hadac At the April meeting of the Garfield Ridge Neighborhood Watch, a police officer admitted that the drag racing/drifting phenomenon seen and heard in the Midway area in recent years “probably will increase, but we hope not.” The admission was triggered by…
Don’t raise pilots’ retirement age, García says
Spread the love. From staff reports U.S. Rep. Jesús “Chuy” García (D-4th), senior member of the Transportation and Infrastructure Committee, recently led a letter joined by 121 Members of Congress urging House Democratic leadership to reject any changes to the pilot retirement age in a final version of the Federal Aviation Administration (FAA) reauthorization bill.…
CTA launches ‘chat’ feature on website
Spread the love. From staff reports Artificial Intelligence has made another step forward at the Chicago Transit Authority. CTA officials recently launched the “Chat with CTA” chatbot, a new virtual automated service featured on transitchicago.com. The communication tool allows riders to report issues, provide feedback and receive answers in real-time. Additionally, it provides the CTA with customer…
New effort to aid kids with disabilities
Spread the love. From staff reports A new grant program aimed at providing financial assistance to families of children with disabilities was launched recently by Mayor Brandon Johnson, in partnership with the Mayor’s Office for People with Disabilities and Ada S. McKinley Community Services. Children with disabilities is a population disproportionately affected by the pandemic,…
Dart warns of Sheriff’s Office imposters
Spread the love. From staff reports Cook County Sheriff Thomas J. Dart recently alerted the public of an uptick in telephone and email phishing scams in which scammers identify themselves as a Sheriff’s Office employee in an attempt to defraud victims. Scammers are using the actual names and respective titles of Sheriff’s Office employees to…
It’s ‘Batter up!’ time in West Lawn
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . It must be May because baseball season is here. I recently reported on the West Lawn Little League, whose 2024 season is now underway. Another West Lawn youth athletic association is Midway Baseball Softball Association. Their teams…