McHenry Co. State's Attorney Sues Over Assault Weapons Ban

MCHENRY COUNTY, IL — The McHenry County State's Attorney's is suing the state over its recently passed assault weapons ban and is seeking a temporary restraining order in an effort to stay enforcement of the law in the county.

The 20-page complaint filed today in McHenry County Circuit Court challenges the constitutionality of House Bill 5471, which bans the sale and possession of what the Illinois General Assembly has defined as “assault weapons” and “high-capacity magazines.”

The complaint alleges that the HB5471 violates the Second Amendment and a portion of the Illinois Constitution, which also protects a residents’ right to bear arms. The suit names Illinois Attorney General Kwame Raoul and Gov. J.B. Pritzker as defendants.

“The party of unchecked power in Illinois knew the law was constitutionally problematic when they, like the SAFE-T Act, passed it in an irregular legislative session, without any meaningful debate, and under cover of darkness,” McHenry County State's Attorney Patrick Kenneally said Thursday in a statement. “We at the State’s Attorney’s Office have well-founded concerns that the law is unconstitutional and will, again, head to court to ensure we uphold our sworn obligation to protect and defend the United States and Illinois Constitutions.”

The Protect Illinois Communities Act, or House Bill 5471, was drafted by lawmakers in response to the July 4, 2022, mass shooting at the Highland Park Independence Day parade, which killed seven people and wounded nearly 50 others. The law passed on a mostly party-line vote in the final hours of this month's lame-duck session in Springfield.

A Southern Illinois judge on Friday issued a temporary restraining order blocking enforcement of the Protect Illinois Communities Act. Circuit Judge Joshua Morrison found that state lawmakers had engaged in "blatant disregard for Constitutional Law" and were likely to lose on the merits.

"Any legislation that has the potential to restrict fundamental Constitutional rights must be considered carefully. The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up to the strict scrutiny that is required when restricting rights to avoid definitional irreparable harm," Morrison said.

The suit was filed by Tom DeVore, the unsuccessful Republican candidate for attorney general in last November's election, on behalf of more than 850 plaintiffs from 83 counties, including gun owners and licensed firearm dealers.

• Judge Blocks Enforcement Of Illinois Assault Weapons Ban On 850 People

And earlier this week, attorneys for a pair of national gun owners advocacy groups filed federal lawsuits on challenging the weapons ban. The National Rifle Association is backing a suit filed on behalf of Caleb Barnett, of Sparta, Brian Norma, of Marion, gun shops Hood's Guns & More and Pro Gun and Indoor Range in Benton and the National Shooting Sports Foundation trade group. It names Illinois Attorney General Kwame Raoul and Illinois State Police Director Brendan Kelly as defendants.

• NRA, Illinois Gun Dealers File Federal Suits Over Assault Weapon Ban

This is the second time in recent months that Kenneally has filed a lawsuit against the state.

Late last year, Kenneally joined a handful of other prosecutors who publicly decried the SAFE-T Act, which aimed to end cash bail in the state, and in September, filed a different suit against Raoul and Pritzker, slamming state officials for passing the law during the "predawn hours of the 2020 COVID lame-duck session by the super-majority in the Illinois Senate approximately one hour after it was finalized and made available for review."

In late December, Kankakee County Circuit Judge Thomas Cunnington ruled the SAFE-T act was unconstitutional in that it violated the Victims Rights Act, and unconstitutionally amended the state constitution and violated voters rights.

The ruling on Dec. 28 meant the SAFE-T Act would not take effect in 65 of the state's 102 counties on New Year's Day.

• McHenry Co. State's Attorney Files Suit Over SAFE-T Act
• Kenneally: Judge's Ruling On Cashless Bail A 'Victory'