Connect with us

Illinois

Illinois Supreme Court upholds state’s ban on semiautomatic weapons

Published

on

Illinois Supreme Court upholds state’s ban on semiautomatic weapons


SPRINGFIELD, Ill. (AP) — The Illinois Supreme Court has upheld the state’s ban on the sale or possession of the type of semiautomatic weapons used in hundreds of mass killings nationally.

In a 4-3 decision Friday, the high court found that the Protect Our Communities Act does not violate the federal Constitution’s guarantee of equal protection of the law nor the state constitution’s bar on special legislation.

The court also decreed that state Rep. Dan Caulkins, a Decatur Republican, a Decatur pawn broker and like-minded Macon County gun-owners who brought the lawsuit had earlier waived their claims that the law infringes on the Second Amendment to own firearms and could not raise it before the Supreme Court. It’s a claim Caulkins’ attorney vehemently denies.

The Second Amendment claim is alive, however, in several federal lawsuits filed in southern Illinois, later consolidated and awaiting appeals court action.

Advertisement

The law bans dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. The most popular gun targeted is the AR-15 rifle, which can be found in at least 25 million American households, according to 2021 research by Georgetown University.

But it carves out exceptions. Those who possessed semiautomatic guns before it became effective on Jan. 10 are allowed to keep them but must register them with the state police by Jan. 1, 2024. And seven categories of “trained professionals,” such as police officers, active-duty military, corrections officials and qualified security guards, may carry them.

Bolstered by the 2022 U.S. Supreme Court case that determined Americans have a right to carry weapons in public for self-defense, Caulkins argued that the plaintiffs and those granted exemptions to the ban are “similarly situated” in that they all hold required Firearm Owners Identification Cards and are protected by the Second Amendment, but were not given equal protection of the laws when the ban was applied to them.

Justice Elizabeth Rochford, writing for the majority, countered that in the case of grandfathered gun owners, there’s no dissimilar treatment. And just having a FOID card doesn’t mean a gun owner has arrest powers or other duties assigned to the trained professionals, nor the training and experience with the firearms they carry.

“The equal protection clause guarantees that similarly situated individuals will be treated in a similar manner, unless the government can demonstrate an appropriate reason to treat those individuals differently,” Rochford wrote. “The equal protection clause does not forbid the Legislature from drawing distinctions in legislation among different categories of people as long as the Legislature does not draw those distinctions based on criteria wholly unrelated to the legislation’s purpose.”

Advertisement

Caulkins’ attorney, Jerrold Stocks, said additional legal action was likely, including a potential appeal to the U.S. Supreme Court.

Democratic Gov. J.B. Pritzker signed the Protect Our Communities Act hours after lawmakers sent it to him in a lame-duck session in January, months after a shooter using a high-powered rifle killed seven and injured dozens on Independence Day 2022 in the Chicago suburb of Highland Park. The new law set off a firestorm of criticism from gun-rights advocates, including county sheriffs who were nearly unanimous in signing a statement that they would not zealously enforce the law.

“This is a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship,” Pritzker said in a statement. “Illinoisans deserve to feel safe in every corner of our state — whether they are attending a Fourth of July Parade or heading to work — and that’s precisely what the Protect Illinois Communities Act accomplishes.”

The court’s fifth Democrat, Justice Mary K. O’Brien, dissented, deciding the law is illegal special legislation that gives some of the excepted classes — retired police officers, for example — rights to the weapons, without rationale, that the plaintiffs don’t have.

The court’s two Republicans, Justices Lisa Holder White and David Overstreet, filed a separate dissent. They found that lawmakers so blatantly violated the constitutional procedures for approving legislation as to make the law unconstitutional, “thereby obviating the need to address the firearm restrictions at issue in this appeal.”

Advertisement

“Important as this case is, constitutionally embedded process matters,” Holder White wrote. “Where the Legislature fails to honor our constitutionally mandated process, this court is duty bound to adhere to our constitution and require the Legislature to do the same.”





Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Illinois

Eagles' baseball late rally falls short as Northern Illinois edges Eastern Michigan 5-4

Published

on

Eagles' baseball late rally falls short as Northern Illinois edges Eastern Michigan 5-4


Bobby Jones (Loveland, Ohio/St. Xavier/Xavier) delivered the first complete game of his career and the third for the Eagles this season, but the Eastern Michigan University Baseball team’s late rally wasn’t enough as they fell to Northern Illinois University, 5-4, on May 16, at Ralph McKinzie Field.

The Eagles, trailing 4-0, put their first runs on the board in the fifth inning. Junior Logan Hugo (Essexville, Michigan/Essexville Garber) scored on a fielder’s choice by Blake McRae (Armada, Michigan/Romeo/Lansing C.C.), making it 4-1.

The Huskies extended their lead to 5-1 before the Eagles responded in the seventh inning. Sophomore Cooper Vance (New Waterford, Ohio/Mohawk) scored on McRae’s second RBI of the day, narrowing the gap to 5-2.

Eastern Michigan held Northern Illinois scoreless in the eighth inning. Further, it closed the gap to 5-3 in the bottom half, thanks to junior Brendan Kleiman’s (Olney, Maryland/Sherwood/Frederick C.C.) one-out solo home run, his second of the season.

Advertisement

Jones continued his strong performance by retiring the Huskies in order in the eighth inning, his second consecutive 1-2-3 inning.

In the ninth, the Eagles rallied again, as Hugo was driven in by Lucas Johnson (Hamilton, Ontario/Westdale Secondary/Wright State), bringing the score to 5-4. However, the comeback effort ultimately fell short, and the game ended with the Eagles losing narrowly.

Next, the Eagles and Huskies will face off again in the second game of their three-game series on May 17. The first pitch is scheduled for 2 p.m. CT (3 p.m. ET).



Source link

Advertisement
Continue Reading

Illinois

Fundraiser, vigil held for children of Melissa Aud-Headlee, slain Joliet, Illinois woman

Published

on

Fundraiser, vigil held for children of Melissa Aud-Headlee, slain Joliet, Illinois woman


Vigil, raffle held for children of Joliet, Illinois murder victim

Advertisement


Vigil, raffle held for children of Joliet, Illinois murder victim

00:30

Advertisement

JOLIET, Ill. (CBS) — A community in mourning united in Joliet Friday evening to help raise money to stop domestic violence.

As friends and family of Melissa Aud-Headlee came to terms with her death at the hands of her estranged husband, they sought to raise money for her three children.

They gathered outside Aud-Headlee’s home, collecting money for a raffle and a candlelight vigil.

A GoFundMe for Aud-Headlee’s children has raised more than $8,000.

Aud-Headlee was stabbed to death by her estranged husband in a murder-suicide this past Saturday morning.

Advertisement

Melissa Aud-Headlee’s older brother, Daniel Ronczkowski, told CBS 2 he was helping his sister plant flower beds on Saturday. When they ran out of mulch, he said he offered to run to the store. 

He was only gone a few minutes when he got a call to come back. Melissa Aud-Headlee’s estranged husband, Michael Aud-Headlee, had been watching them from a distance, and confronted his estranged wife inside the home once her brother was gone.

Her family said she put down their 3-year-old son and told him to “run and hide.” After a struggle inside, she ran for a neighbor’s house.

But Joliet Police said that’s when Michael Aud-Headlee caught up to her in the middle of the street and stabbed her multiple times in the chest with a kitchen knife before turning the knife on himself.

Joliet police told CBS 2 they’d been called to the home for mostly domestic violence-related incidents nine times since 2021. Melissa Aud-Headlee had taken out two orders of protection against her then-estranged husband before he took her life.

Advertisement



Source link

Continue Reading

Illinois

New Illinois DCFS director Heidi Mueller reflects 100 days into role: 'Where I was meant to be'

Published

on

New Illinois DCFS director Heidi Mueller reflects 100 days into role: 'Where I was meant to be'


CHICAGO (WLS) — The new director of the Illinois Department of Children and Family Services has been on the job since March.

Heidi Mueller was appointed by Governor JB Pritzker to head the department following the departure of its former director.

ABC7 Chicago is now streaming 24/7. Click here to watch

The state agency, that has been criticized for past practices caring for children, is under new leadership, and Mueller spoke with ABC7 Friday.

To feel like you have helped a child find a forever home and find that love, it’s hard to put that in words. It’s so fulfilling and meaningful

Advertisement

Heidi Mueller, Illinois DCFS Director

“I can’t imagine being anywhere else this is where I was meant to be,” Muller

Director Heidi Mueller is 100 days into the job with 24,000 children in care. As the former Director of the Department of Juvenile Justice, she said she wants to focus on prevention and offering support to struggling families Carefully considering the long term consequences of removing a child from a home.

Advertisement

RELATED | Marc Smith, DCFS Illinois director, steps down at end of 2023, Gov. Pritzker announces

“One of our core goals at DCFS is to support families temporarily in crisis and help get them to a place where they can be stable,” Mueller said.

Mueller said she will use new federal funds available to allow more family members to step up as guardians when needed.

“We see this as a incredible opportunity for better permanency for better outcomes for kids to be able to be in homes with family, because a lot of our kids just want to be in a home,” Mueller said.

Mueller said she started new contracts for more home-like placements for the children with complex medical or psychiatric conditions to keep children in state. She says there are currently 20 children statewide awaiting for that type of placement.

Advertisement

‘Those kids are still our kids, and they deserve the same level of love and care I would want for my own daughter,” Mueller said.

She said she has already seen the positive impact of when families are supported and when children find stability with an adoptive family.

“To feel like you have helped a child find a forever home and find that love, it’s hard to put that in words. It’s so fulfilling and meaningful,” Mueller said.

Mueller says the key to creating more positive outcomes is upgrading out dated technology and continuing to add more social workers. She hopes to add 360 more front-line workers next year.

Copyright © 2024 WLS-TV. All Rights Reserved.

Advertisement



Source link

Continue Reading

Trending