EAST ST. LOUIS - Military expert Jeffrey Eby of Missouri testified at trial on the Illinois weapon law that among dozens of firearms legislators banned, two or three could be useful in combat.
Testimony he provided to U.S. District Judge Stephen McGlynn on Monday, Sept. 16, contradicted the state’s classification of the firearms it banned as military weapons.
Eby served 28 years as a U.S. Marine and engaged in combat four times, once for 57 days straight. He said he used an automatic weapon at the battle of Fallujah in Iraq in 2002.
He said military weapons have key performance parameters.
He said he hadn’t heard of the military issuing any semi automatic weapons.
Erby had met foreign military personnel and said they didn’t have semi automatic rifles except for some Turks who had them but didn’t have ammunition.
He said a research project found soldiers shot more at areas than at persons and had a higher rate of hits with automatic weapons.
Volume of bullets was superior to well aimed shots, “Because we don’t see them,” he said.
He said if he put himself in a situation alone with a rifle, “It would be suicide, I know.”
He further said he wouldn’t want any limit on his ability to defend himself. He said Department of Defense rules of engagement limited what he could do.
He said limits got people in harm’s way.
“I have to accept the risk they’re putting on me so something worse doesn’t happen,” Eby said.
McGlynn, taking advantage of bench trial protocol, questioned Eby.
He asked if Eby was trained for ambush and Eby said yes.
McGlynn said, “What’s the first thing you grab?”
Eby said, “My rifle.”
McGlynn said, “Not your pack?”
Eby said, “I’m going to a position where I already have ammunition.”
McGlynn asked if he used military training to defend himself at home and he said yes.
Eby said, “I’m looking for the first weapon I can grab.”
McGlynn asked about average persons using AK-47’s and Eby said, “It’s what the police show up with and it’s what I need to have first.”
McGlynn finished but before he could adjourn, a lawyer on the plaintiff side jumped up and asked Eby how many rounds he fired.
Eby said hundreds of thousands.
The lawyer asked where his home was and he said Missouri.
The lawyer asked Eby if he could bring his firearms to Illinois if he wanted to move there and Eby said, “Not at all.”
The lawyer asked if the law provided no exception for a former Marine and Eby said, “As far as I understand this law, correct.”