NRA sues over Illinois ban on semiautomatic weapons
By JOHN O'CONNOR
Posted 1/24/23
SPRINGFIELD, Ill. (AP) — Illinois' two-week-old ban on semiautomatic weapons outlaws “ubiquitous” firearms in “radical” defiance of the Constitution's Second Amendment, a federal lawsuit …
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NRA sues over Illinois ban on semiautomatic weapons
FILE - Assault style weapons are displayed for sale at Capitol City Arms Supply on Jan. 16, 2013, in Springfield, Ill. Illinois Attorney General Kwame Raoul on Monday, Jan. 23, 2023, asked a state appellate court to dismiss a temporary restraining order on Illinois' new ban on semiautomatic weapons. The two-week-old law was adopted in response to the 2022 mass shooting at the July 4th parade in the Chicago suburb of Highland Park. (AP Photo/Seth Perlman, File)
Posted
By JOHN O'CONNOR
SPRINGFIELD, Ill. (AP) — Illinois' two-week-old ban on semiautomatic weapons outlaws “ubiquitous” firearms in “radical” defiance of the Constitution's Second Amendment, a federal lawsuit filed by the National Rifle Association Tuesday claims.
The powerful NRA joined a parade of gun-rights activists seeking to toss out the newly minted prohibition on dozens of rapid-fire pistols and long guns, as well as large-capacity magazines or attachments.
Two individual gun owners from Benton, nine miles (about 14 kilometers) northeast of St. Louis, are lead plaintiffs in the NRA lawsuit, the second to be filed in U.S. District Court for the Southern District of Illinois. They are joined by two southern Illinois gun dealers and shooting range operators, as well as a Connecticut-based shooting sports trade association.
The NRA pleading notes that the U.S. Supreme Court's landmark 2008 Heller decision refuses to let stand any restriction on “weapons that are in common use” today unless — another ruling last summer found — there is evidence of an “enduring American tradition” of restriction.
The Illinois law “takes the radical step of banning nearly every modern semiautomatic rifle — the single-most popular type of rifle in the country, possessed by Americans in the tens of millions," the document says.
The 24 million AR-15 semiautomatic rifles in U.S. circulation far outnumber the 16 million Ford F-150 trucks, the nation's top-selling vehicle, according to the lawsuit.
Plaintiffs in all the lawsuits are likely seeking southern Illinois courts because of a stronger disposition toward Second Amendment rights. Guns are viewed far more favorably in central and southern Illinois where there are larger populations of hunters and sport shooters, compared to northern metropolitan areas, particularly Chicago, which continues to battle deadly handgun violence.
The NRA-backed lawsuit also argues that the law's ban on high-capacity ammunition cartridges — no more than 10 rounds for rifles and 15 for pistols — and a long list of attachments and other accessories, is just as problematic because the weapons in question can't operate without them, so the add-ons are constitutionally protected “firearms” by inference.
Pritzker and allies nationally refer to the guns as “assault weapons.” The pleading notes the tradition of bearing arms and includes a glossary of terms. It explains that the restricted semiautomatic weapons are not machine guns — the expulsion of each round requires a separate squeeze of the trigger.
It points out that detachable magazines date to the Civil War and semiautomatic power is a century old.
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Follow Political Writer John O’Connor at https://twitter.com/apoconnor