Gun rights advocates say legal challenges are coming if Illinois assault weapons ban passes
CHICAGO (CBS) -- The Illinois State Senate passed a statewide assault weapons ban Monday evening.
The Illinois House of Representatives also passed its own bill last week, which would make it illegal to sell or purchase assault weapons in the state. The Senate bill must go back to the House for reconciliation, after which the bill will go to Gov. JB Pritzker's desk.
CBS 2 Investigator Megan Hickey had a look Monday at other states that have banned the sale of assault weapons. The laws in each of those other states have come with their legal challenges.
The Illinois State Rifle Association said they are similarly gearing up for a legal battle in court.
"Almost the entire bill is a constitutional issue," said Richard Pearson, executive director of the Illinois State Rifle Association.
Many lawmakers downstate are desperately trying to pass an assault weapons ban before this week's deadline. But Pearson said such a bill runs afoul of the Constitution.
"Magazine bans have been sent back," he said. "We have firearm registration.
"We have the common use provisions. So we have all kinds of things in that bill, you know, that will incur constitutional challenges.
But Illinois is far from the first state to try to pass such a ban.
Eight states — California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, and New York — as well as the District of Columbia, have passed laws banning the sale of assault weapons.
Another three — Minnesota, Virginia, and Washington state — have passed laws that require additional regulation.
"As it stands right now, you know, every state that's passed an assault weapons ban has been subject to a challenge, certainly, and all of them have been successful," said Tanya Schardt, senior counsel and director of state and federal policy for the pro-gun control Brady Campaign.
Schardt said so far, every state that has passed a ban has been challenged in court – but has still been able to enforce the law despite those legal challenges.
"There is no constitutional right to have an assault weapon," Schardt said. "They were designed to in injure and kill large numbers of people as quickly and efficiently as possible."
The Illinois State Rifle Association disagrees - and said they are gearing up if Illinois' ban passes.
"Well, the first step would be to get a temporary restraining order or a preliminary injunction, and then actually go after a permanent injunction," Pearson said.
On the federal side, the U.S. House of Representatives passed legislation in 2022 to renew an assault weapons law nationwide, but that legislation has not passed the U.S. Senate.