By Dave Workman
Editor-in-Chief
On a narrow 4-3 ruling, the Illinois State Supreme Court Friday morning upheld the state’s ban on so-called “assault weapons,” in a case filed by Republican State Rep. Dan Caulkins and several others.
However, Richard Pearson, executive director of the Illinois State Rifle Association, said this decision does not affect the federal lawsuit filed by ISRA and the Second Amendment Foundation, with the Firearms Policy Coalition. It is known as Harrel v. Raoul.
Writing for the majority, Justice Elizabeth M. Rochford stated, “We hold the circuit court erroneously entered summary judgment for plaintiffs on their equal protection and special legislation claims.”
Justice Rochford caused a stir last fall on social media for appearing at an apparent fund-raiser for the Illinois Moms Demand Action, a prominent gun control group.
The state high court consists of five Democrats and two Republicans, and the split decision saw Justice
Mary K. O’Brien dissenting. In her dissent, she observed, “When we limit people’s rights, even the rights we might not like, we have to do so in a way that honors the constitution.”
SAF Executive Vice President Alan Gottlieb noted in a statement released by his organization, “While we are disappointed in the state court’s narrow 4-3 decision, our federal case remains very much alive and we will continue fighting the Illinois ban.”
Pearson, via telephone, told TGM he was “not surprised” by the ruling, considering the makeup of the court. He expects a ruling on the SAF/ISRA lawsuit within weeks.
SAF Executive Director Adam Kraut observed, “It is always unfortunate when a Court fails to uphold constitutional rights. Fortunately for the people of Illinois, our challenge to the state’s ban on so-called ‘assault weapons’ remains pending in federal court. We look forward to vindicating the rights of the People of Illinois.”
Illinois is not the only state where gun bans are being challenged. Federal cases are also pending against laws in California and Washington, and a case from Maryland involving SAF and the Citizens Committee for the Right to Keep and Bear Arms was granted certiorari by the U.S. Supreme Court last year, which vacated a lower court ruling upholding the ban and then remanded the case back to the circuit court for further action based on new standards established by the high court in New York State Rifle & Pistol Association v. Bruen in June 2022.
In his statement, Gottlieb said SAF is still studying the Illinois ruling, and he expressed confidence the federal case will “fare better” at the federal court level.
