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74 Illinois sheriffs refuse to enforce state’s ‘unconstitutional’ gun ban

Published in Blog on January 17, 2023 by Brianna Kraemer

Over six dozen sheriffs in Illinois have rejected the governor’s new gun control bill, citing its unconstitutional infringement of the Second Amendment. 

The Protect Illinois Communities Act was passed by the Senate last week and signed into law by Governor JB Pritzker last Tuesday. The legislation bans the sale, manufacture, purchase and delivery of assault weapons and high-capacity magazines in the state.

The Illinois Sheriff's Association was avidly opposed to the law before it passed. At least 74 sheriff's offices have publicly stated their opposition to the law, calling it unconstitutional, according to reports. 

"Part of my duties that I accepted upon being sworn into office was to protect the rights provided to all of us, in the Constitution," Edwards County Sheriff Darby Boewe said on Facebook

The sheriffs have no intention of enforcing the law, causing a ruckus in the governor’s office.

"Sheriffs have a constitutional duty to uphold the laws of the state, not pick and choose which laws they support and when. We’re confident that this law will hold up to any future legal challenges, but again, it is the current law of our state. Anyone who advocates for law, order, and public safety and then refuses to follow the law is in violation of their oath of office," the governor's office said.

SEE ALSO: Ineffective gun-grabbing: Chicago area shooter wasn’t stopped by city's extensive gun control measures

Unconstitutional legislation takes time to go through the legal process for judicial review. Several lawsuits against the state’s gun ban are being prepared by Second Amendment groups, including the Illinois State Rifle Association. However, until these suits can be heard, the legislation will continue to take effect. 

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