Illinois Supreme Court upholds state's assault weapons ban

CHICAGO (CBS)-- The Illinois Supreme Court will allow the state's assault weapons ban to stay in place following a 4-3 decision Friday morning. 

A lawsuit had challenged the ban as unconstitutional.

"We express no opinion on the potential viability of plaintiffs' waived claim concerning the second amendment," the filing stated.   

State lawmakers approved the ban in early January, and Gov. JB Pritzker quickly signed it into law. Before signing the bill, Pritzker invoked the memory of the July 4th parade mass shooting in Highland Park last year – which left seven people dead and 36 injured, and left a 2-year-old boy parentless and wandering around.

The shooter used a legally-purchased semiautomatic weapon.

The legislation banned dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No rifle will be allowed to accommodate more than 10 rounds, with a 15-round limit for handguns.

"We have more to do, but this is definitely a step in the right direction that will mean that less families experience the type of trauma that we do," said State Rep. Bob Morgan, a Democrat who drafted the bill. His district includes Highland Park.

"It means more to us because we know the impact," Morgan added. "We know how it impacts our families and communities."

Judges in both Effingham County and Macon County downstate ruled the ban unconstitutional, but Illinois Attorney General Kwame Raoul, who is defending the ban, appealed those rulings to the state's highest court.

Restraining orders sought in lower courts had blocked the state from enforcing the ban against hundreds of gun owners and several gun shops who challenged the ban, but those rulings only applied to the plaintiffs directly involved in those lawsuits.

The law is also facing challenges in federal court, and in May the U.S. Supreme Court declined to block the law statewide.

On April 28, U.S. District Judge Stephen McGlynn in East St. Louis issued a 29-page injunction ruling the ban was unconstitutional – because it restricted a person's right to defend themselves.

On May 4, the federal Seventh Circuit Court of Appeals put a hold on that injunction.

That meant the law was allowed to remain in effect while the case is reviewed by the Seventh Circuit.

CBS 2 Legal Analyst Irv Miller has said he expects the state's assault weapons ban could go before the U.S. Supreme Court within the next several months, and possibly decided within a year.

Richard Pearson, the executive director of the Illinois State Rifle Association, said he was "not shocked" at the ruling. He also noted the ruling did not whether the ban violated the Second Amendment.

"They said that it was a state case and that they were going to decide that," Pearson added. "So we'll go to the U.S. Supreme Court and see if they want to decide it."

Attorney General Kwame Raoul released the following statement:

"We are pleased with the court's decision. The Protect Illinois Communities Act is a critical part of a multi-faceted approach to addressing gun violence. We are firmly committed to protecting Illinois residents from the gun violence that impacts too many communities throughout the state. We will continue to defend the constitutionality of the Protect Illinois Communities Act and other measures that reduce gun violence in our communities."  

Mayor Brandon Johnson released a statement:

"Today's decision by the Illinois Supreme Court will save lives by preventing weapons of war and tools of mass killings from flowing freely in Illinois. This is a win for gun safety organizers, gun violence survivors, and the loved ones of victims. The Protect Illinois Communities Act will help us build a better, stronger, safer Chicago."

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• Illinois Supreme Court
• Gun Control