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US: Illinois' Sweeping Firearms Ban Certain to End Up in Court

  • Illinois Gov. J.B. Pritzker signs legislation to ban military-style firearms, Springfield, U.S., Jan. 10, 2023.

    Illinois Gov. J.B. Pritzker signs legislation to ban military-style firearms, Springfield, U.S., Jan. 10, 2023. | Photo: Twitter/ @charliew847

Published 19 January 2023
Opinion

This week, Illinois became the ninth U.S. state to ban assault weapons. This norm, however, will be challenged by pro-gun activists.

In his closing remarks before a vote on a sweeping firearms ban, U.S. Illinois Senate President Don Harmon pushed back at critics who contended the prohibitions would violate the Second Amendment of the U.S. Constitution.

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The Oak Park Democrat concluded with a message for Republican lawmakers and other opponents of the measure, which was passed in response to the deadly mass shooting at Highland Park's Fourth of July parade: "We'll see you in court."

When Democratic Governor J.B. Pritzker signed the measure into law on Tuesday after the Democratic-controlled House gave its approval, Illinois became the ninth U.S. state to ban so-called assault weapons, winning praise from President Joe Biden.

"It also set up inevitable legal challenges from gun rights advocates that could take years for the courts to resolve," said the Chicago Tribune in its latest report of the development.

In a letter to Pritzker, Harmon and House Speaker Emanuel "Chris" Welch of Hillside, Richard Pearson, executive director of the Illinois State Rifle Association, responded directly to the Senate president's remarks, writing: "Challenge accepted."

While no lawsuit has yet been filed, experts on gun legislation and constitutional law said the new restrictions face a murky legal future, particularly in light of the U.S. Supreme Court's June decision striking down New York state's concealed carry law.

"It's clear that the courts are becoming more hostile to gun safety regulations," said Adam Winkler, a UCLA School of Law professor. "The law (in Illinois) is going to be challenged, and there is a good chance it will be overturned."

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