Local gun shop supports challenge to assault weapons ban; Sheriffs say they want no role in enforcing registry

Jan. 13—Second Amendment advocates are considering all options as they rush to challenge the Protect Illinois Communities Act, which bans the sale of a number of assault weapons and will require existing owners of those guns to register with the state.

Proponents of the new law hope that the ban reduces violent crime in Illinois. Sheriffs say they want no role in enforcing state's assault weapon registry.

Kurt Davis of Accuracy Firearms in Effingham said he wasn't surprised when he discovered that the bill banning assault weapons was signed into law by Illinois Governor J.B. Pritzker on Tuesday.

"We kind of saw it coming. We had been made aware that it probably had the support it needed to pass," Davis said.

Since the law passed, Davis and others with Accuracy have been scrambling to find out what the new law means for their business as more than 170 guns are included on the list of banned weapons, many of which Davis has sold legally for years.

"We're just trying to muddle through what we can and can't do," Davis said.

Davis said Accuracy is considering potential legal recourse as he, like many other Second Amendment advocates, says the new law is unconstitutional.

According to Davis, several second amendment organizations have already filed lawsuits challenging the ban. These organization include the Illinois Rifle Association, American Firearms Association, Gun Save Life, and Illinois Carry.

Although Accuracy has been forced to halt its sale of popular banned weapons like the AR-15, Davis said they are still permitted to sell these weapons to those who have already begun the process of purchasing them.

"They have 72 hours from the time the Governor signed the bill to get the gun picked up," he said.

Davis fears that the new state law might override his federal manufacturing license that allows him to sell certain items that most gun shop owners are unable to have in stock. This includes fully automatic firearms and suppressors.

"But based on some of the language that I've seen, I'm not even sure that we can still operate to the capacity that our federal license allows us to," Davis said.

However, the new law includes certain exemptions for law enforcement officers, so Davis might be able to still sell some of the merchandise that has been banned from sale to the general public.

Although the new law is already in place, Davis is confident that the weapons ban won't last long.

"I'm very optimistic that the federal courts, maybe even the state courts, will find this all unconstitutional and it will all be for not hopefully in a few weeks, months, whatever," Davis said.

Davis argued that the recent ban will be ineffective in preventing crime because firearms are often purchased or obtained illegally.

"I think my biggest frustration with this law is it's truly not going to do anything to help protect our communities like they are trying to say that it will because, let's be honest, the criminals don't care what laws you pass," Davis said.

For Davis, the weapons ban is another misguided attempt by the state government to reduce violent crime in Illinois, and he compared the ban to the recently passed SAFE-T Act which included a provision to eliminate cash bail.

"The governor has been nothing but pro-criminal since he's taken office, with the no cash bail and all that, and he wants to release all these criminals," Davis said. "But yet he signs a law into effect saying that he wants to protect our communities, and I find that to be very hypocritical."

Davis is unsure if news of the bill led to an increase in gun purchases, but he claims that when politicians attempt to pass gun control legislation, it often leads to an uptick in sales as people begin to panic and buy certain weapons in fear that they will soon be banned.

"It's hard to say because Christmas is always our biggest time of the year," Davis said, "But I will have to say that the politicians probably sell more guns for me than I sell for myself."

According to Davis, one of Accuracy's most popular weapon is the AR-15 which is now illegal to sell in Illinois.

"This last year they've been pretty stagnant up until this got mentioned, and then we have sold quite a few since this all got brought up," Davis said.

The AR-15s are just a part of a large portion of the store's merchandise included in the ban, and it's not just the gun itself that has been banned.

"As of right now, probably 40-45% of our sales is what's in this bill," Davis said.

Davis expects the sale of accessories for banned guns to go down even though he expects to still be able to sell certain accessories to customers who already own the gun.

"People are still going to have ARs and AKs that have already purchased them in the past," Davis said. "So there's a chance that we could sell some of that stuff, but typically people buy that when they buy the gun, so I feel like the demand for it will definitely go down."

No enforcement by law enforcement?

In a statement released Thursday, Effingham County State's Attorney Aaron Jones expressed his office's opposition to the recent ban, promising to "exercise strict prosecutorial discretion" when it comes to enforcing the ban.

"While my office remains committed to protecting the citizens of Effingham County by prosecuting violent crimes, I have no intention of turning otherwise law-abiding citizens into convicted felons solely due to non-compliance with House Bill 5471," Jones said.

Also in the statement, Jones sited the United States Supreme Court ruling in the case of the New York Rifle and Pistol Association v. Bruen as the primary reason why his office is opposing the ban.

"In so ruling, the Supreme Court stated: the Second Amendment protects the possession and use of weapons that are 'in common use at the time,'" Jones said.

Jones said he expect the bill to soon be challenged in the courts.

Since the bill was signed Tuesday, a number of Illinois sheriffs have spoken out against the new law and have announced that they have no intention of enforcing it, or at least to its full extent.

Effingham County Sheriff Paul Kuhns recently joined about 80 Illinois sheriffs, declaring that his office has no plans to enforce the assault weapons ban, particularly when it comes to the registration of individuals who are already in possession of any weapons included in the bill.

Beginning next year, a gun owner's failure to provide the state police with the serial numbers for assault-style rifles they own prior to Jan. 1, 2024, will be a Class A misdemeanor, punishable by up to 364 days in prison. The degree of charges could increase based on the number of unregistered guns.

"We have no inventory of guns bought and sold that are available to local sheriffs," Illinois Sheriffs' Association head Jim Kaitschuck said of information partially available to the Illinois State Police. "We don't have access to it — and I'm not asking for it either, by the way."

The Effingham County's Sheriff's Department response to the bill has been similar to that of sheriff departments in surrounding counties, including Shelby County, Fayette County, and Coles County, who have all released statements declaring that they have no plans to assist the Illinois State Police in registering gun owners.

Kuhns released a statement Thursday in which he referenced the same Supreme Court decision Jones did which upholds the right of citizens to own weapons that are commonly used at a given time.

On Friday, Kuhns further explained the reasoning behind his decision.

"It's in my oath of office that I'll uphold the constitution of the United States and the constitution of the state of Illinois," Kuhns said. "I just do not believe that this house bill is compatible with our Second Amendment."

Like Jones, Kuhns believes the ban will soon be challenged by the courts.

"This will be challenged right away. I am just sure of it," Kuhns said.

Kuhns made it clear that his office has no intention of enforcing the ban, and argues that it will turn hundreds of law abiding citizens into criminals overnight.

"We are not going to extend our resources trying to make sure that people have registered their firearms with the state," Kuhns said. "I'm going to step a little further out on that limb and say that my office will never be involved in confiscating or searching for firearms from law abiding citizens."

Sheriffs opposing the bill have argued that the ban violates the Second Amendment of the US constitution, but as of now, no court has ruled that the new law is unconstitutional.

Democrats and advocates who pushed for Illinois to pass the nation's ninth statewide ban on assault weapons had expected litigation, but on Thursday maintained that unless the law gets struck down, sheriffs' refusal to enforce any part of it is a dereliction of duty.

"They took an oath of office to uphold the law," Pritzker said. "As law enforcement, that's their job. And I expect them to do that job. You can have all the resolutions and declarations that you want (but) the reality is that the laws that are on the books, you don't get to choose which ones people are going to follow."

Kaitschuck countered with the common example of police declining to write a ticket to a driver pulled over for driving 10 miles over the speed limit.

The Illinois State Police will be responsible for enforcing the registration of banned assault weapons which is required by the new law.

The Illinois State Police have suggested that regardless of their objections, local law enforcement agencies will be expected to enforce the ban.

"ISP continues planning for implementation, which includes drafting rules that will go before the Joint Committee on Administrative Rules. ISP in the process of updating training and providing clarity for our officers to enforce this new law, which we will share with local law enforcement agencies," Illinois State Trooper Rodger Goines said Thursday.

"Law enforcement officers have a responsibility to follow the law and this is the law."

Capitol News Illinois contributed to this report

Nick Taylor can be reached at nick.taylor@effinghamdailynews.com or by phone at 618-510-9226 or 217-347-7151 ext. 300132.