{"id":190993,"date":"2023-08-15T16:06:30","date_gmt":"2023-08-15T20:06:30","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=183356"},"modified":"2023-08-15T16:06:30","modified_gmt":"2023-10-06T17:28:04","slug":"illinois-supreme-court-upholds-black-rifle-ban-saf-federal-challenge-continues","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/illinois-supreme-court-upholds-black-rifle-ban-saf-federal-challenge-continues\/","title":{"rendered":"Illinois Supreme Court Upholds Black Rifle Ban; SAF Federal Challenge Continues"},"content":{"rendered":"\n
\"Illinois
(Photo: GunsAmerica<\/em>)<\/figcaption><\/figure>\n\n\n\n

<\/path><\/svg><\/span><\/span>Estimated reading time: <\/span>3<\/span> minutes<\/span><\/p>\n\n\n\n

The Illinois State Supreme Court upheld the state’s ban on so-called \u201cassault weapons\u201d<\/a> in a close 4-3 decision last week. <\/p>\n\n\n\n

However, the Second Amendment Foundation (SAF) states that this does not affect their ongoing federal challenge.<\/p>\n\n\n\n

Alan M. Gottlieb, SAF founder and Executive Vice President, expressed disappointment with the state court’s decision. <\/p>\n\n\n\n

\u201cWhile we are disappointed in the state court\u2019s narrow 4-3 decision,\u201d said Gottlieb, \u201cour federal case remains very much alive and we will continue fighting the Illinois ban.\u201d<\/p>\n\n\n\n

The federal case, Harrel v. Raoul<\/a><\/em>, sees SAF joined by the Illinois State Rifle Association, Firearms Policy Coalition, Marengo Guns, the C4 Gun Store, and Dane Harrel.<\/p>\n\n\n\n

Gottlieb pointed out the political makeup of the court, with five Democratic justices and two Republicans. <\/p>\n\n\n\n

The majority opinion, by Justice Elizabeth M. Rochford, gained attention due to her prior speech at an Illinois Moms Demands Action event<\/a>. <\/p>\n\n\n\n

However, Democrat Justice Mary K. O\u2019Brien dissented, emphasizing the importance of constitutional rights.<\/p>\n\n\n\n

She wrote, \u201cWhen we limit people\u2019s rights, even the rights we might not like, we have to do so in a way that honors the Constitution.\u201d<\/p>\n\n\n\n

\u201cWe are still studying the Illinois high court\u2019s ruling,\u201d Gottlieb added, \u201cbut we are confident our case will fare better in the federal court system.\u201d<\/p>\n\n\n\n

\u201cIt is always unfortunate when a Court fails to uphold constitutional rights,\u201d said SAF Executive Director Adam Kraut. \u201cFortunately for the people of Illinois, our challenge to the state\u2019s ban on so-called \u2018assault weapons\u2019 remains pending in federal court. We look forward to vindicating the rights of the People of Illinois.”<\/p>\n\n\n\n

This federal challenge was initiated earlier this year in the U.S. District Court for the Southern District of Illinois. Attorney David Sigale of Wheaton represents SAF and its partners. <\/p>\n\n\n\n

A motion for a preliminary injunction in the case was filed by SAF on Jan. 25.<\/p>\n\n\n\n

In contrast, gun safety advocates celebrated the Illinois Supreme Court\u2019s decision. <\/p>\n\n\n\n

The court reviewed the Protect Illinois Communities Act<\/a>, especially provisions restricting “assault weapons” and “large-capacity magazines.” This act was signed after the Highland Park tragedy, where seven people died.<\/p>\n\n\n\n

Nick Suplina, from Everytown for Gun Safety, stated, “Weapons and accessories designed for the battlefield shouldn\u2019t have a place in our communities.” <\/p>\n\n\n\n

\u201cCommunities across Illinois cannot afford another tragedy like Highland Park to occur and today\u2019s decision by the Illinois Supreme Court ensures that we can keep these deadly weapons of war off our streets,” he continued. <\/p>\n\n\n\n

https:\/\/t.co\/GbpDH1PPSs<\/a> pic.twitter.com\/al3N9Fwohn<\/a><\/p>— Governor JB Pritzker (@GovPritzker) August 11, 2023<\/a><\/blockquote>