Monroe County State’s Attorney Ryan Webb has joined 32 other Illinois counties in supporting an effort to overturn a statewide weapons ban.

Public Act 102-1116, also known as the Protect Communities Act or “Assault Weapons Ban,” prohibits the sale, distribution and possession of semi-automatic “assault” rifles, high-capacity ammunition magazines and .50 caliber ammunition in Illinois.

In a filing submitted April 5, the state’s attorneys of the counties – which include all counties in the 24th Judicial Circuit – expressed support of a decision deeming it “unconstitutional.”

Webb explained the filing is “there to provide the court with a perspective it might not otherwise have. Those of us that have joined in the brief believe that prosecutors are in a unique position to provide additional context as to the constitutional issues created by the act and add additional context as to why the law is unconstitutional. The amicus brief filed by the state’s attorneys is focused on Second Amendment concerns.”

The law was signed by Gov. JB Pritzker in early January in response to an increasing level of gun violence in the state – specifically a July 4 incident in a Chicago suburb during which seven people were killed and 48 were wounded by an individual using a semi-automatic rifle and three 30-round magazines.  

Shortly after the law was enacted, a suit was filed in Macon County challenging the law.

A Macon County judge in March ruled the law is unconstitutional based on the “equal protection” clause of the Illinois Constitution since the law does not apply to law enforcement, armed services or federal security personnel.

An appeal was made to the Illinois Supreme Court challenging the ruling, and arguments in the case are expected to begin in May.

In a press release dated April 10, Webb explained why he joined support of overturning the law.

“The right enshrined in the Second Amendment is a fundamental right, and (the law) was a blatant attempt to infringe on law-abiding citizens’ fundamental right to keep and bear arms,” Webb began.

“It is important to keep in mind that the passage into law of Public Act 102-1116 was not limited in any way. To the contrary, it seeks to ban an entire class of guns that are regularly used for lawful purposes. The United States Supreme Court has unequivocally found that such a ban is unconstitutional in District of Columbia v. Heller,” he continued.

Webb also took issue with what he described as the law’s “over-arching definition of ‘assault weapons’” and registration requirements for firearms which had been previously purchased.

He explained to the Republic-Times that a temporary stay on registration requirements only applies to parties involved in active cases, and there is no statewide stay.   

“Technically, it is on the books, but we hope that the Illinois Supreme Court will strike the law down in its entirety,” Webb said. 

The deadline for registration of such guns was Monday, although many law enforcement officials in Illinois – including Monroe County Sheriff Neal Rohlfing – have publicly stated they will not enforce the provision.

“Neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the state, nor will we be arresting or housing law abiding individuals that have been arrested solely with non-compliance of this act,” Rohlfing said in January.

Webb referred to Rohlfing’s comments in his April 10 press release.

“Given Sheriff Rohlfing’s statement and mine here, the citizens of Monroe County can remain confident that their local law enforcement and this office will not turn the criminal justice system against those acting within their constitutional rights,” Webb said.

Another controversial piece of legislation which may also be decided in the coming months involves the elimination of cash bail and pre-trial service aspects of the SAFE-T Act.

In October, Rohlfing and previous Monroe County State’s Attorney Lucas Liefer joined 50 Illinois counties in a lawsuit challenging the constitutionality of parts of the SAFE-T Act.

The suit led to a statewide stay of the provisions just hours before they were to go into effect Jan. 1.

Arguments were heard in the case last month by the Illinois Supreme Court last month, although no date has been set for release of the court’s ruling in the SAFE-T Act matter.