Illinois assault weapons ban still in effect after appeals court denies injunction

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Illinois lawmakers batter sheriff for refusing to enforce state's ban on assault weapons

DuPage County, Illinois, Sheriff James Mendrick tells 'America Reports' he began protesting the ban after receiving hundreds of complains and concerns from citizens.

A federal appeals court Tuesday ruled to keep an Illinois state-wide "assault weapons" ban in effect, denying a request from a business owner who claims the ban is unconstitutional.

The 7th U.S. Circuit Court of Appeals decided to uphold a lower ruling by U.S. District Judge Virginia Kendall, who found the ban to be "constitutionally sound," despite the request for an injunction, the Chicago Sun-Times reported.

Robert Bevis, a firearms store owner in Naperville, is appealing the gun ban signed into law by Gov. J.B. Pritzker on Jan. 10. He contends it fails to meet a legal standard on what guns can and cannot be banned previously set by the U.S. Supreme Court.

Bevis requested the appeals court to block the ban for himself and other business owners affected by the law so that they can resume the sale of the impacted firearms.

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Illinois Governor J.B. Pritzker signed legislation banning the sale of guns classified as assault weapons, rifle magazines capable of holding more than 10 rounds and pistol magazines capable of holding more than 15 rounds in the state on Jan. 10, 2023. (Scott Olson/Getty Images)

The legislation was introduced in January, six months after a shooting at the Highland Park Fourth of July parade left seven victims dead and wound more than 48 others injured.

The ban includes penalties for anyone who "Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle." Anyone who legally possessed such a weapon was required to register it with state police.

High-capacity rifle magazines are removed from display at Freddie Bear Sports on January 11, 2023, in Tinley Park, Illinois.  (Scott Olson/Getty Images)

It also includes penalties for anyone who "sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge." It also bans any kit or tools used to increase the rate of fire of a semiautomatic firearm.

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The legislation also capped the purchase of certain magazines for several weapons.

Gov. J.B. Pritzker greets constituents as he campaigns in Bellwood, Illinois, on Nov. 1, 2022.  (Erin Hooley/Chicago Tribune/Tribune News Service via Getty Images)

Gov. Pritzker, a billionaire Democrat, signed the controversial bill shortly after.

The attorneys who are representing Bevis, who owns and operates Law Weapons & Supply in Naperville, Illinois, argue their client has suffered because of the ban and that he may have to close his business.

In the lower court ruling, Judge Kendall ruled that "because assault weapons are particularly dangerous weapons ... their regulation accords with history and tradition," the Chicago Sun-Times reported.

SEMIAUTOMATIC WEAPONS BAN BECOMES ILLINOIS LAW

Workers began removing banned magazines from display at Freddie Bear Sports shortly after Illinois Governor J.B. Pritzker signed legislation banning them.  (Scott Olson/Getty Images)

Bevis’s lawyers dispute this interpretation and instead argue earlier Supreme Court rulings clarify weapons must be found to be "dangerous and unusual" to be banned, per the report.

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Because certain rifles are "commonly possessed by law-abiding citizens for lawful purposes," they do meet the legal definition of "not unusual," and thus cannot be banned, they argued, according to the Chicago Sun-Times.

Several legal challenges remain underway against the state’s ban.