Second Amendment Foundation files federal lawsuit challenging assault weapon ban

(WAND) - The Second Amendment Foundation filed a federal lawsuit Wednesday challenging the new Illinois gun ban legislation.

When the bill was signed into law it immediately ended the sale, delivery, and purchase of assault weapons and high-capacity magazines. The legislation has created a list of weapons subject to the ban that the Illinois State Police could update as needed. Those who already own such guns would be required to register them with the Illinois State Police but they would not have to surrender them.

>>Governor Pritzker signs assault weapons ban

The Second Amendment Foundation claims the new law in unconstitutional and says the state has "criminalized a common and important means of self-defense.”

The case is known as Harrel v. Raoul.

Other groups and individuals joining in on lawsuit include:

The Illinois State Rifle Association
Firearms Policy Coalition
C4 Gun Store LLC
Marengo Guns, Inc.
Private citizen, Dane Harrel.

Named as defendants are Attorney General Kwame Raoul, Illinois State Police Director Brendan F. Kelly, and other officials in their official capacities.

The lawsuit was filed in U.S. District Court for the Southern District of Illinois.

“Illinois has banned the future sale, importation, purchase, delivery and manufacture of the most popular rifle in the United States, along with their standard capacity magazines,” said SAF founder and Executive Vice President Alan M. Gottlieb. “People who already own such firearms must now register their guns with the State Police. This ban violates the constitutional rights of Illinois gun owners, and we intend to prove it in court.

“Once again,” he added, “Illinois lawmakers are scapegoating firearms and people who own them in a transparent attempt to convince people they are doing something about the horrible violence the state has suffered in recent years, especially in Chicago. In reality, it’s an effort to distract the public from the fact that these same lawmakers have been unable or unwilling to crack down on criminals responsible for violent crime.”

“Anti-gun politicians tout this sort of legislation,” Gottlieb said, “while they know it really won’t accomplish anything beyond creating the false public impression, they are making the community safer. No neighborhood, no city and no state ever became safer by restricting the rights of law-abiding citizens.

Local law enforcement agencies have weighed in on the ban, with many saying they would choose to not actively enforce it.

HB5471 would not take effect until January 2024.