While Constitutional challenges to Gov. J.B. Pritzker’s controversial gun ban are pending, Illinois State Rep. Amy Elik (R-Alton) filed legislation to protect the rights of law-abiding gun owners.
“My legislation ensures that if certain gun-related provisions are found unconstitutional, the information collected from law-abiding gun owners when registering their firearms is immediately destroyed,” Elik stated. “This protects the privacy of law-abiding gun owners, preventing the government from retaining their personal information.”
Elik’s legislation, House Bill 4150, would require the Illinois State Police to immediately and permanently destroy the gun registry of all law-abiding gun owners if the gun ban is found unconstitutional.
The gun ban, or the Protect Illinois Communities Act, requires gun owners to register certain firearms purchased before Jan. 10, 2023, with the Illinois State Police between Oct. 1, 2023, and Jan. 1, 2024. The law also banned the sale of certain “assault weapons” in Illinois effective Jan. 10, 2023.
In response, several Constitutional challenges were filed in Illinois federal courts, including cases filed in the U.S. District Court for the Southern District of Illinois with an appeal pending before the Seventh Circuit Court of Appeals.
U.S. District Judge Stephen McGlynn granted a statewide injunction for four consolidated gun ban challenges in the Southern District of Illinois on April 28. The state defendants appealed the ruling to the Seventh Circuit. A decision had not yet been reached at press time.
“In no way does this Court minimize the damage caused when a firearm is used for an unlawful purpose; however, this Court must be mindful of the rights guaranteed by the Constitution,” McGlynn wrote.
“While (the Illinois ‘assault weapons’ ban) was purportedly enacted in response to the Highland Park shooting, it does not appear that the legislature considered an individual’s right under the Second Amendment nor Supreme Court precedent.
“Moreover, (the ban) did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right…” he continued.