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Wednesday, May 1, 2024

Pearson on HB 5471: ‘An unconstitutional law is in effect in Illinois now’

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Illinois State Rifle Association Executive Director Richard A. Pearson speaks at an event in 2011. | ISRA Facebook page

Illinois State Rifle Association Executive Director Richard A. Pearson speaks at an event in 2011. | ISRA Facebook page

The Illinois State Rifle Association (ISRA) is vowing to fight back against the state’s gun ban enacted when Gov. J.B. Pritzker signed HB 5471. 

The law outlaws over 100 types of firearms currently legal in the state as well as extended clip magazines. 

“An unconstitutional law is in effect in Illinois now that Governor JB Pritzker has signed legislation approved by the Illinois House and Senate,” ISRA Executive Director Richard Pearson said in an email. “We will be joining with the Second Amendment Foundation (with whom ISRA has successfully partnered many times in the past) and the Firearms Policy Coalition (with whom ISRA is currently partnered in two federal 2A lawsuits) in challenging many aspects of the new law.” 

ISRA is seeking prospective complainants to oppose the bill.

“To further these legal challenges, ISRA is seeking potential plaintiffs to challenge the following restrictions: 1. the “assault weapon” ban/registration requirement, which gives owners until October 1 to register serial numbers with the Illinois State Police," Pearson said. "2. the large capacity magazine ban. “ISRA remains at the forefront of fighting for Illinoisans' 2A rights, including working with the top legal minds across the Country practicing in this area.”

The bill received no votes from the state’s GOP senators, according to The State Journal-Register. In the House, it received only the support of outgoing Minority Leader Jim Durkin who oversaw a disastrous election campaign in 2022, including spending big on campaign in-fighting that depleted GOP accounts prior to the general election.

When considering options on how to combat the bill, many have pointed to the precedent New York State Rifle & Pistol Association, Inc. v. Bruen decision levied by the United States Supreme Court in June. That landmark case overturned a New York State law that required those seeking to conceal carry firearms to show a demonstrable need to defend themselves. That case opened up more rights for gun owners nationwide and required New York to allow more rights for concealed carry holders. It invalidated laws in other states as well seeking additional documentation on why gun owner seeks to exercise their second amendment rights.

In recent weeks, local county boards have said they will not enforce the sweeping gun ban that Pritzker signed into law, Kankakee Times reported. Illinois currently has around 70 sanctuary counties in which gun owners' rights have been underscored at the county level.

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