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Will County Gazette

Wednesday, May 8, 2024

Kelley: ‘This bill may infringe on the constitutional rights of law-abiding citizens’

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Will County Sheriff Mike Kelley | Will County Sheriff's Office

Will County Sheriff Mike Kelley | Will County Sheriff's Office

Will County Sheriff Mike Kelley will not enforce a gun ban enacted by Gov. J.B. Pritzker in early January. 

In anticipation of questions and concerns regarding the passing of this recent bill, Kelly released an official statement from his office noting that "The Will County Sheriff’s Office is working with various law enforcement partners and organizations to determine and address the full ramifications of this legislation and address it appropriately." 

"Since the passing of Illinois House Bill 5471, also known as the Protect Illinois Communities Act, the Will County Sheriff’s Office has been inundated with various questions from the public regarding the recent passing of this Illinois Bill into law," Kelley said in a statement. "As this bill was signed into law, it essentially bans the sale of different types of firearms, certain types of magazines, and firearm accessories to most citizens. It also requires existing owners of these banned firearms to register their ownership with the Illinois State Police sometime in 2024."  

Kelley said "the right of the people to keep and bear arms, shall not be infringed” provided under the 2nd Amendment. The right to keep and bear arms for the defense of life, liberty, and property is regarded as an inalienable right by the people."

"While I support gun legislation being created to increase the safety in our communities, I do not believe HB 5471 will accomplish this goal," Kelley said. "I do believe that this bill may infringe on the constitutional rights of law-abiding citizens, and that this bill disarms those law-abiding citizens that I have been sworn to protect. The constitutionality of HB 5471 will most certainly be challenged in court, and I look forward to the court ruling in order to help clarify the many unanswered questions that we all have." 

Sheriffs across the state are refusing to implement the Protect Illinois Communities Act – HB 5471 – that bans over 100 commonly owned firearms. Pritzker has threatened local law enforcement for not enforcing the law which is currently under legal challenge.

More than 80 of Illinois’ 102 counties have said they will not enforce the ban due to what they see as constitutional violations, according to Colion Noir. The ban affects 170 types of guns commonly available in the state.

The law classifies all semi-automatic weapons as assault weapons, Central Illinois Proud reported. However, many local law enforcement officials deem the law to be unconstitutional and say they are unable to enforce it. 

The law requires local firearms be registered.

As many as five million firearms and ten million magazines in the state may be affected. Gun rights advocates have begun litigation against the state, claiming it is unconstitutional under the Second Amendment, according to Chicago City Wire.

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