SPRINGFIELD, Ill. (WAND) — The Illinois Supreme Court issued a highly-anticipated ruling Friday morning as justices found the assault weapon ban is constitutional.
Rep. Dan Caulkins (R-Decatur) filed the initial lawsuit against the controversial law in Macon County where a local judge found the plan unconstitutional. Friday's 4-3 decision to uphold the assault weapons ban has Democratic lawmakers and gun control advocates across the state celebrating while Republicans and gun owners are disappointed by not surprised.
The Protect Illinois Communities Act prohibits people from purchasing, selling, manufacturing, and delivering assault weapons and high-capacity magazines. Caulkins filed his lawsuit on behalf of gun owners and gun stores across Illinois, but four Democratic justices found the law met constitutional muster.
"The Illinois Supreme Court has shown itself to be very, very political," Caulkins said Friday. "I think we have three lawyers left on the Supreme Court. They agreed with us."
Justice Elizabeth Rochford wrote that Illinois gun owners do not have the same standing and background as trained professionals who use assault weapons. Rochford, Chief Justice Mary Jane Theis, and Justices P. Scott Neville and Joy Cunningham also noted that plaintiffs waived any Second Amendment challenges to the law because it wasn't included in the Caulkins complaint in Macon County.
"It does matter what happens at the state level and in state court," Gov. JB Pritzker said during an unrelated press conference Thursday. "But, ultimately, the U.S. Supreme Court likely will be ruling on this and so whatever happens there will ultimately, I hate to say the word, trump whatever happens in our state courts."
However, Caulkins is upset that active and retired law enforcement will be able to buy and use assault weapons but most of the state's FOID card holders cannot do the same unless they register their firearms with the Illinois State Police by January 1, 2024.
"We are all afforded the rights of the Second Amendment, and this law abridges my Second Amendment rights under the equal protection clause," Caulkins said.
The Illinois State Rifle Association said gun advocates should not lose hope as the organization's federal case will "prove to be a victory for law-abiding gun owners in Illinois and across the country." Pritzker recently admitted that he thinks the ban has a slim chance of approval from the U.S. Supreme Court given the Republican majority.
"As of late, the appointees to the U.S. Supreme Court are people who unfortunately want to take away the rights of parade-goers and people who live in our neighborhoods to live safely and to not have assault weapons that are attacking their local communities," Pritzker stressed.
It is notable that one of the Democrats on the Supreme Court sided with Republicans opposing the law. Justice Mary K. O'Brien said the ban violated the special legislation provision of the Illinois constitution.
While Democratic sponsors have consistently said the law will reduce the number of assault weapons and large-capacity magazines to address mass shootings, O'Brien wrote that exempting law enforcement and grandfathered groups does nothing to prevent the proliferation of assault weapons outside of Illinois. She also noted that retired police officers would still be able to possess the weapons even though they are no different than private citizens.
"I'm a FOID card holder. Why am I treated differently from another FOID card holder," Caulkins asked. "Well, because that FOID card holder happens to be in law enforcement. Why is that any different than me? I had 22 years in the military. I think I have earned the same consideration as anyone else or any FOID card holder that goes through the training, the proper training to get certified."
Meanwhile, Pritzker said this is a commonsense gun reform law to keep "mass-killing" machines off the streets and out of schools, malls, parks and places of worship. The governor said Illinoisans deserve to feel safe in every corner of the state, whether they're attending a Fourth of July parade or heading to work.
Of course, the proposal was filed in direct response to the Highland Park mass shooting that left seven dead and 48 others seriously injured. Rep. Bob Morgan (D-Deerfield) was participating in the parade with his wife and children when 83 rounds were fired within less than a minute.
"Since its enactment in January, this law has already prevented the sales of thousands of assault weapons and high capacity magazines, making Illinois safer for our families," Morgan said. "The federal courts will continue to assess this law, but today’s ruling prioritizes public safety over the gun lobby trying to impose their dangerous, extreme views through the judiciary."
Governor Pritzker signing the Protect Illinois Communities Act into law on January 10, 2023.
Caulkins believes Democratic lawmakers also violated state law by passing and signing the plan into law on the same day. Democratic justices disagreed with that argument as well.
The Decatur Republican argues that Democrats won this legal battle because Pritzker provided $1 million to two of the justices during their campaigns for seats on the highest court.
"All of these things come out in floor debate in the House and the Senate," Caulkins added. "We bring up all of these constitutional issues. They don't seem to care and they're willing to shred the constitution for their own purpose."
While O'Brien received one of the donations from Pritzker, Caulkins said the constitutional rights of Illinoisans are being violated to help Pritzker advance his political career.
The governor was asked about those donations Thursday, but Pritzker said they were irrelevant to the court case.
Copyright 2023. WAND TV. All rights reserved.
