The Illinois Supreme Court heard arguments Tuesday in the state’s appeal of a downstate judge’s ruling that temporarily struck down the state’s sweeping gun ban, which faces numerous legal challenges in both state and federal court.
Examples of some semi-automatic rifles targeted in Illinois' high-powered weapons ban are on display at R Guns on April 29, 2023, in Carpentersville.
Lawyers for Attorney General Kwame Raoul’s office contended that argument does not apply to this case because the lawsuit claims only that the gun ban violates the equal protection and special legislation clauses of the Illinois Constitution.
Caulkins’ lawsuit alleges the ban violates the Illinois Constitution’s clause requiring that state laws should be applied equally to all citizens. Stocks argued the gun ban is not applied equally because it includes exemptions for groups including police officers, military personnel and prison wardens, as well as those who already owned the prohibited guns prior to the ban. Those gun owners can keep those firearms but are now required to register them with the Illinois State Police.
Aside from arguing that the Second Amendment issue raised by Stocks should be voided because it’s not in his lawsuit, Raoul’s office told the court that the plaintiffs have failed to prove the weapons ban violated the state constitution. Federal challenges to the ban argue the gun ban revolves largely around the Second Amendment argument. In one of those cases, a federal judge in East St. Louis granted a preliminary injunction to temporarily block enforcement of the ban, only for that ruling to be overturned by the Chicago-based U.S. 7th Circuit Court of Appeals six days later.Advertisementthat denied a request for an injunction on the ban. The U.S. Supreme Court has not yet said how it intends to respond to that request.
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