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STATE BEACON

Illinois gun ban faces legal challenge as sheriffs refuse to enforce new law

The Protect Illinois Communities Act, signed last week, is being contested by the Illinois Gun Rights Alliance while a majority of county sheriffs say they will not enforce its provisions.

By Emily Brooks·
illinois governor faces legal challenge over assault weapons ban

The governor of Illinois, J.B. Pritzker, signed the Protect Illinois Communities Act into law last week. The legislation bars the sale and distribution of a range of pistols, shotguns, rifles, high‑capacity magazines and devices that can convert handguns to automatic fire. Owners of weapons now prohibited must register them with police by 1 January 2024 or face a Class 2 felony charge.

Legal challenge

The Illinois Gun Rights Alliance has retained attorneys who specialise in firearm law to contest the act. The alliance and other opponents argue that the ban exceeds governmental authority and infringes on Second Amendment rights. Their challenge is informed by the recent U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, in which the Court struck down New York’s concealed‑carry restrictions. In that ruling, Justice Clarence Thomas wrote that firearm regulations must be consistent with the nation’s historical tradition of gun regulation rather than contemporary public opinion.

Sheriffs’ refusal to enforce

At least 85 of Illinois’ 102 county sheriffs have said they will not enforce the new law, citing constitutional concerns. Robb Tadelman, sheriff of McHenry County, explained that the ban puts sheriffs in a dilemma between enforcing state law and upholding the U.S. Constitution, and his office will not verify weapon registrations or arrest individuals solely for non‑compliance. Governor Pritzker previously described the sheriffs’ refusal as political grandstanding and said law‑enforcement officials would not be doing their jobs if they failed to enforce the act. The governor’s office did not respond to a request for comment on the pending legal challenge.

Political and community response

Governor Pritzker defended the ban by pointing to high crime rates in Chicago and asserting that the restrictions will reduce gun‑related violence. Critics, including the National African American Gun Association’s Illinois state director, argue that the ban will disproportionately affect law‑abiding citizens, especially in minority communities. She noted that the limits on rifles holding more than ten rounds and pistols holding more than fifteen rounds endanger Black residents, who are already the majority of gun homicide victims in Chicago – 496 of the city’s gun deaths last year were Black, representing more than 76 percent of the total.

Mandi Sano, a spokesperson for the Illinois Gun Rights Alliance, described the ban as a dangerous infringement on lawful citizens’ rights, divisive, difficult to enforce and of doubtful value as a tool for reducing crime. The combination of legal opposition, widespread sheriffs’ non‑compliance and community concerns suggests that the Protect Illinois Communities Act will face a protracted battle in the courts and on the streets of Illinois.