Illinois’ highest court is expected to rule Friday on a lawsuit challenging a state ban on the sale of assault weapons.
The lawsuit was brought earlier this year by a central Illinois lawmaker who argued that banning the sale of high-powered rifles and high-capacity magazines violates the state constitution.
The suit, by state Rep. Dan Caulkins of Decatur, was part of a flurry of challenges to the constitutionality of the ban after it was signed into law by Gov. J.B. Pritzker on Jan. 10 .
Lawmakers approved the ban about six months after a gunman killed seven people and wounded more than 48 other at the Highland Park Fourth of July parade using a high-powered rifle that was outfitted with a large magazine.
Police collected 83 shell casings after the shooting and said the shooter fired a 30-round magazine, then fired two more.
The law bans the sale, delivery, import and purchase of guns that the law defines as “assault weapons.” It also makes devices known as “switches,” which modify guns to allow them to fire more rapidly, illegal because they turn firearms into fully automatic weapons.
Macon County Judge Rodney Forbes ruled in favor of Caulkin’s lawsuit on March 3, writing in a brief decision that the ban violated the equal protection and special legislation clauses of the Illinois Constitution.
The lawsuit argued that the law was unequally applied because anyone who had a semiautomatic weapon on the date the law took effect could keep it, although they’re restricted in selling or transferring such weapons. They must register their guns with the Illinois State Police by Jan. 1, 2024.
The ban also exempts law enforcement officers, including those retired, and on-duty military. Critics argued many civilians have more experience and training in handling semiautomatic weapons than law enforcement officers.
Pritzker and Attorney General Kwame Raoul, both Democrats, immediately appealed the judge’s decision to the state’s justices. Democrats have a 5-2 majority on the state Supreme Court.
Battles over the constitutionality of the law are also pending in federal court.