Prairie State Wire

An amended complaint of the Federal Firearms Licensees of Illinois v. Pritzker has been filed with the U.S. District Court, Southern District of Illinois.

The court was set for a status conference on Nov. 14.

The lawsuit is a challenge to the Protecting Illinois Communities Act which outlawed over 170 types of semi-automatic firearms.

However, any appeal of the case by the nation’s high court may not come until after Jan. 1, 2024 the deadline for Illinois firearm owners to register their guns with the state, a requirement many are calling blatantly unconstitutional.

As the legal battle unfolds, the gun ban continues to generate heated debates across the state, with opponents asserting their constitutional right to bear arms.

The outcome of this legal challenge could have broader implications for gun legislation and Second Amendment rights not only in Illinois but potentially nationwide.

“Plaintiffs believe that the Firearms Ban Act infringes on their constitutionally protected civil rights to “keep and bear arms”, as recognized by the Second and Fourteenth Amendments to the U.S. Constitution, by generally prohibiting commonly owned firearms defined as “assault weapons” in the Firearms Ban Act and by requiring registration of firearms owned before the ban,” the lawsuit complaint reads.

“The plaintiffs in this case, which were originally challenging the constitutionality of the ban of semi automatic rifles, have asked for leave from the court to amend their complaint.”

The coalition of plaintiffs, including Federal Firearms Licensees of Illinois (FFL-IL), Guns Save Life (GSL), Gun Owners of America (GOA), Gun Owners Foundation (GOF), Piasa Armory, and individual residents, filed the complaint against Illinois Gov. J.B. Pritzker, Attorney General Kwame Raoul, and Illinois State Police Director Brendan F. Kelly.

To support their case, the plaintiffs emphasize the historical context of U.S. firearms ownership, citing the Founding Fathers' recognition of the importance of an armed citizenry.

They argue  Illinois’ gun ban lacks a historical tradition supporting its restrictions on commonly owned firearms and attachments.

The plaintiffs allege the state’s new law places severe restrictions on the acquisition, ownership and use of commonly owned and used firearms.

The lawsuit challenges the constitutionality of the Protecting Illinois Communities Act arguing that the Second Amendment protects an individual's right to "keep and bear arms" for self-defense, and any regulation must be justified by the government.

The law, they contend, unjustly classifies numerous commonly owned firearm models and attachments as "assault weapons" without a rational basis.

One key objection raised by the plaintiffs is that the definition of "assault weapon" in the Firearms Ban Act is overly broad, encompassing popular firearms like the AR-15 and AK-47, as well as various attachments and parts.

The law also requires existing owners of firearms meeting the newly defined criteria to register their firearms with the government or surrender them. The plaintiffs argue that such registration infringes upon their constitutional rights and raises concerns about potential future confiscation, citing historical examples like the City of Chicago.

The legal challenge questions the constitutionality of the penalties imposed by the State of Illinois related to the possession, manufacturing, or sale of banned firearms or attachments ranging from misdemeanors to felonies, carrying potential jail time and the loss of Second Amendment rights.

In a recent video, President William Kirk of Washington Gun Law addressed the Illinois gun ban and highlighted the ongoing lawsuit.

Washington Gun Law initiated a "Countdown to Confiscation," leading up to Jan. 1, 2024, the date Illinois plans to confiscate unregistered firearms under the gun ban. Kirk expressed concerns about the potential consequences for non-compliance, predicting an "ugly end" to the situation.

The current law mandates firearm registration by January 1, 2024, with failure to comply resulting in criminal penalties. However, Kirk noted the possibility of confiscation and forced forfeiture for non-registered firearms, making the situation increasingly tense.

State Rep. Brad Halbrook (R-Shelbyville) has expressed apprehensions regarding the Protecting Illinois Communities Act and anticipates resistance from gun owners in the state.

During a recent hearing, Halbrook highlighted that "hundreds of thousands of individuals unequivocally will not adhere" to a firearm registry, especially considering an ongoing federal appeal.

In August, the Illinois Supreme Court upheld the gun ban, rejecting claims that it violated the equal protections clause of the 14th Amendment but not commenting on Second Amendment claims.

Notably, in the last election cycle Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000.

“Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases they have found political donations to be so grave that there is a conflict of interest that is impermissible,” Chris Forsyth with the nonpartisan Judicial Integrity Project told Center Square.