When All the Sheriffs Turn On Your Governor Over Gun Control

Published on January 17, 2023
Duration: 10:10

This video provides an expert analysis from William Kirk of Washington Gun Law regarding the 2023 Illinois assault weapon ban (HB 5471). It details the legislative definitions, ownership restrictions, and constitutional challenges, particularly focusing on the Second Amendment's 'Common Use Test' and the Fifth Amendment's 'takings clause.' The video highlights the significant non-compliance from over 80 Illinois county sheriffs who have publicly stated they will not enforce the law, citing it as a constitutional violation. The conflict is anticipated to lead to extensive litigation.

Quick Summary

Over 80 Illinois county sheriffs are refusing to enforce HB 5471, the state's 2023 assault weapon ban. They cite constitutional violations, particularly concerning the Second Amendment's protections on firearms in common use, as established in DC v. Heller. The law also faces scrutiny under the Fifth Amendment's takings clause for its impact on FFLs.

Chapters

  1. 00:00Illinois Gun Control Conflict Begins
  2. 01:20HB 5471 Legislation Overview
  3. 02:44Legislative Definitions of Firearms
  4. 03:32Ownership and Usage Restrictions
  5. 04:22Constitutional Challenges and Heller
  6. 05:10Fifth Amendment and FFL Impacts
  7. 05:30Massive Sheriff Non-Compliance
  8. 07:15Lee County Sheriff's Statement
  9. 08:50Future Litigation and Conclusion

Frequently Asked Questions

What is HB 5471 in Illinois?

HB 5471, also known as the Protect Illinois Communities Act, is a 2023 Illinois law that bans assault weapons and standard capacity magazines. It also mandates registration for existing owners and restricts the use and transport of grandfathered firearms.

Why are Illinois sheriffs opposing HB 5471?

Over 80 Illinois county sheriffs have publicly stated they will not enforce HB 5471, viewing it as a clear violation of constitutional rights, particularly the Second Amendment. They are sworn to protect these rights and believe the law infringes upon them.

How does HB 5471 relate to the Second Amendment?

Legal experts argue that HB 5471 may violate the Second Amendment based on the 'Common Use Test' from the Supreme Court case DC v. Heller. This test suggests that firearms commonly used for lawful purposes cannot be banned.

What are the Fifth Amendment implications of HB 5471?

The law could constitute an unconstitutional 'taking' under the Fifth Amendment for Federal Firearms Licensees (FFLs) if it renders their inventory of banned firearms or magazines unsellable without just compensation, effectively devaluing their private property.

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