August 11, 2023
BELLEVUE, WA – Friday morning’s narrow ruling by the Illinois State Supreme Court, upholding the state ban on so-called “assault weapons,” does not affect the ongoing federal challenge of the ban by the Second Amendment Foundation.
“While we are disappointed in the state court’s narrow 4-3 decision,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “our federal case remains very much alive and we will continue fighting the Illinois ban.”
SAF is joined in the case, known as Harrel v. Raoul, by the Illinois State Rifle Association, Firearms Policy Coalition, Marengo Guns, the C4 Gun Store and Dane Harrel, for whom the case is known. Gottlieb noted the court consists of five Democrat justices and two Republicans. The majority opinion was delivered by Justice Elizabeth M. Rochford, whose appearance last October as a speaker at an event for the Illinois Moms Demand Action gun control group caused a stir on social media.
One Democrat, Justice Mary K. O’Brien, dissented, noting, “When we limit people’s rights, even the rights we might not like, we have to do so in a way that honors the constitution.”
“We are still studying the Illinois high court’s ruling,” Gottlieb said, “but we are confident our case will fare better in the federal court system.”
“It is always unfortunate when a Court fails to uphold constitutional rights,” said SAF Executive Director Adam Kraut. “Fortunately for the people of Illinois, our challenge to the state’s ban on so-called ‘assault weapons’ remains pending in federal court. We look forward to vindicating the rights of the People of Illinois.”
SAF and its partners filed the federal challenge earlier this year in U.S. District Court for the Southern District of Illinois. They are represented by attorney David Sigale of Wheaton.
SAF filed a motion for a preliminary injunction in this case on Jan. 25.