The ban was passed in the wake of the Highland Park mass shooting.
August 11, 2023, 10:59 am
The Illinois Supreme Court has found a strict assault weapons ban passed in the wake of the Highland Park shooting unconstitutional in a ruling issued Friday.
The ruling came in response to a lawsuit alleging that the ban violated the 14th Amendment’s equal protection provision to the US Constitution. The court overturned the lower court’s ruling and said the law did not violate the equal protection clause. However, the Supreme Court did not comment on the claim that the law also violates the Second Amendment.
In a 4-3 ruling, Judge Elizabeth Rochford wrote, “First, we hold that the exemptions do not negate equal protection nor constitute special law because the the plaintiffs did not fully allege that they were in a similar position to and treated differently from the exempt groups. unacceptable violation of the Second Amendment.
She concluded, “Accordingly, we reversed the circuit trial and rendered judgments to the defendants on the claims of equal protection and special law.”
The central law of the case bans assault weapons, assault weapon accessories, .50-caliber rifles or .50-caliber cartridges – the semi-automatic weapons used in many of the country’s mass shootings. across the country. The law exempts trained private law enforcement, military, correctional and security agencies.
The Illinois Community Protection Act was signed last year by Democratic Governor JB Pritzker, hours after it was passed during a legislative session held months after a gunman opened fire at a parade July 4 in a suburb of Chicago, killing seven people and injuring more than 30 others.
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