Illinois’ ban on semiautomatic weapons upheld in court. McHenry County reacts

Gun and gun shop owners in McHenry County said they were taking time Friday to determine what the Illinois Supreme Court’s decision upholding the state’s assault weapon’s ban means for them.

Bert Irslinger, owner of Second Amendment Sports in McHenry, said Friday that he was still reviewing the 34-page ruling and wanted to read the entire document before commenting on it. Nevertheless, he said he believes the ruling – and the ban – will affect his business.

“It will, absolutely,” Irslinger said. “It did when it originally passed.”

In a 4-3 decision, the state’s highest court on Friday ruled that the Protect Our Communities Act does not violate the U.S. Constitution’s guarantee of equal protection of the law nor the state constitution’s bar on special legislation.

All of these bans are inherently unconstitutional. Well-regulated militia means well-trained, not heavily restricted.”

—  Samuel Robinson, Crystal Lake resident

The law, which Gov. J.B. Pritzker signed in January, bans dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. The most popular gun targeted is the AR-15 rifle, which can be found in at least 25 million American households, according to 2021 research by Georgetown University.

The law does not take guns away from those who already owned styles banned by the legislation. Those who possessed semiautomatic guns before it became effective Jan. 10 are allowed to keep them, but they must register them with the state police by Jan. 1.

Other legal challenges against the law remain pending in court.

Although Irslinger said he was less familiar with the specific lawsuit addressed in Friday’s ruling compared with the other cases still in appellate courts, he noted he is still concerned about it and its possible effects.

“It will negatively affect our business and every law-abiding gun owner in the state of Illinois,” Irslinger said.

Marengo Guns owner Dominick DeBock said gun owners who would be affected by the law’s registration requirements likely fall into different categories of compliance.

“The least amount will do the registration or sell [the gun] either out of state or to a local dealer … or those who will not comply” with the registration at all, DeBock said. “I don’t know where those percentages will lie.”

The county’s two highest public safety officials did not address Friday’s ruling, but they spoke against it after it was signed into law.

State’s Attorney Patrick Kenneally filed a lawsuit against the ban in January, arguing that the ban was unconstitutional, that is now pending in federal court. McHenry County Sheriff Robb Tadelman also made a statement that the ban was unconstitutional when it first passed in January.

“The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people,” Tadelman said in a January statement.

Tadelman on Friday declined to comment on the court’s ruling.

Kenneally also declined to comment, noting that his case currently is in federal court.

Some McHenry County gun owners agreed with Kenneally’s and Tadleman’s earlier comments, seeing the ban as unconstitutional. One gun owner said he fears that more rights will be taken away from Americans now.

“All of these bans are inherently unconstitutional,” Crystal Lake resident Samuel Robinson said. “Well-regulated militia means well-trained, not heavily restricted.”

“It’s unconstitutional,” said Barry Hulden, owner of H.B. Arms in Lakemoor.

He added that gun laws passed in Illinois have had a major effect on his business and others in the state.

“It’s killing every gun store in Illinois,” Hulden said, adding that he “can’t sell” about 80% of his stock.

Other gun owners are in favor of the assault rifle ban. Crystal Lake resident and gun owner Ron Rogers, who said he is a military veteran, supports the Supreme Court decision because AR-15s often have been used in mass shootings.

“It has been the go-to weapon for anyone that wants to do a mass shooting,” Rogers said, later adding that he does not believe assault rifles are necessary to hunt deer and birds.

When the Constitution was written, the Founding Fathers did not consider the advancements of firearms in the future, Rogers said.

“You couldn’t anticipate those weapons at that time, and I don’t think they did,” he said.

The Associated Press contributed to this story.