Affiliate Choose Rodney S. Forbes Friday ruled that the Illinois statewide ban on the sale and manufacturing of assault rifles is unconstitutional below the Illinois Constitution. The case is within the Circuit Court docket of the Sixth Judicial Circuit Macon County.
In Rodney’s two-page last judgment, the courtroom dominated that the ban’s exceptions to the prohibitions of assault rifles and huge capability ammunition feeding units violate the equal safety clause of article I, part 2 of the Illinois Structure, and the particular laws clause of article IV, part 13. As well as, the ruling famous that the ban’s provisions are “facially unconstitutional” and “can not moderately be construed in a fashion that might protect their validity.”
The plaintiffs argue that the ban violates the equal safety clause as a result of it exempts sure professions in safety and legislation enforcement and that the legislature “arbitrarily selected to exclude them.” Moreover, the particular laws clause mandates that the legislature shall cross “no particular or native legislation when a normal legislation is or might be made relevant.”
Illinois Governor JB Pritzker signed the Defend Illinois Communities Act into legislation earlier this 12 months. Along with the ban on assault weapons, the legislation prohibits promoting and manufacturing assault weapon attachments, .50 caliber cartridges, any .50 caliber rifle, and sure pistols. Shortly after the invoice was signed, a number of lawsuits had been filed difficult the ban’s validity in state and federal courtroom. This case entails State Consultant Dan Caulkins suing Pritzker.
Pritzker has already appealed to the Supreme Court docket of Illinois.
