Illinois Supreme Court rules in favor of assault weapons ban

The Illinois Supreme Court on Friday shut down a challenge to the state’s assault weapons ban, which passed last year after a Fourth of July mass shooting killed seven and injured 48 near Chicago.

A 4-3 majority ruled that regulations preventing the sale of assault weapons and high-capacity magazines are constitutional and can continue, overruling a lower court.

Gov. J.B. Pritzker (D-Ill.), who championed the measure when he signed it in January, celebrated the court victory Friday.

“This is a commonsense gun reform law to keep mass-killing machines off our streets and out of our schools, malls, parks and places of worship,” he said in a statement. “This decision is a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives.”

The law’s challengers, a group of weapons dealers and gun owners, claimed it violated both the Second and 14th Amendments. The Supreme Court ruled that the gun control law does not violate the equal protection clause of the 14th Amendment, but did not comment on the Second Amendment claim.

The measure went into effect in January and includes a “grandfather clause” permitting the possession of now-banned firearms purchased before this year. It also permits law enforcement to purchase the weapons, as well as licensed security workers for their jobs. 

The suit questioned the carveout for security workers, claiming it created an illegal protected class to which different laws applied. The state Supreme Court disagreed with the argument.

“Plaintiffs are not similarly situated to the trained professionals,” Justice Elizabeth Rochford said in the majority opinion. “To the extent plaintiffs claim they possess restricted items, they are not treated differently from the grandfathered individuals.”

The law made Illinois the ninth state, plus Washington, D.C., to ban the sale of assault weapons. 

“No Illinoisan, no matter their zip code, should have to go through life fearing their loved one could be the next in an ever-growing list of victims of mass shootings,” Pritzker said in January. 

“However, for too long people have lived in fear of being gunned down in schools, while worshiping, at celebrations or in their own front yards,” he continued. “This legislation will stop the spread of assault weapons, high-capacity magazines, and switches and make our state a safer place for all.”

The U.S. Supreme Court declined to adjudicate the case in May after it was blocked by a federal judge in April.