Sangamon County sheriff, others won't enforce weapons ban, gun registry

Sangamon County Sheriff Jack Campbell will not enforce the registration requirement of the recently passed statewide assault-style weapons ban.

Campbell, who said the bill violates the 2nd Amendment, on Thursday joined more than 70 county sheriffs who have said they will not comply with the act.

"I believe this is not just my moral duty, but my constitutional duty to defend the citizens' right to keep and bear arms," he said in a phone interview Thursday.

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The Protect Illinois Communities Act, signed into law by Gov. JB Pritzker on Tuesday night, immediately bans the sale and purchase of a long list of semi-automatic firearms and gives owners of those weapons until Jan. 1, 2024, to report their serial numbers with the Illinois State Police.

Constitutional questions have been at the heart of the debate since the bill was introduced in December.

House Bill 5471 was the final version of the act approved by the 102nd Illinois General Assembly and included much more than a ban on a long list of firearms. The ban pertains to assault-style attachments and .50 caliber rifles, but also set limits on high-capacity magazines.

The main crux of the issue for Campbell is the weapons registry provision of the act.

The sheriff said in a statement that his office will not be "proactively 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, without a warrant, court order or exigent circumstances that deems that person a threat to our safety."

Earlier versions of PICA gave gunowners 180 days to register with ISP, but they now have until next year.

Regardless of the provision in the bill, the sheriff said he is totally opposed to the legislation.

"At this point, I don't see any part of it that I am comfortable with because all it does is begin to encroach on our Second Amendment rights," he said, warning of possible further firearms restrictions from the legislature.

Having to register guns at all was an issue among Republican lawmakers during the House and Senate floor debates. Former gubernatorial candidate Darren Bailey called the action "tyrannous."

The Illinois Moms Demand Action for Gun Sense in America organization was present in a proponent status at both committee meetings for PICA in Chicago last month and at the Capitol over the past two weeks for the lame duck session. In response to the sheriffs who have said they will not enforce the bill, the organization said law enforcement needs to follow the law.

"Law enforcement officers take an oath to uphold the laws," the group said in a statement. "None of us get to decide which ones we will follow and which ones we will not."

Pritzker held a bill signing ceremony at the Capitol building on Tuesday.

The governor was asked what would happen if law enforcement did not adhere to the bill. He also addressed potential litigation against PICA.

“Anybody who doesn’t comply, there are consequences for that,” he said. “You don’t get to choose which laws you comply with in the state of Illinois. The State Police is responsible for enforcement, as are all law enforcement all across this state. They will, in fact, do their job or they won’t be in their job.”

The Illinois State Rifle Association already has said it will challenge the matter in court.

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There was little bipartisanship in terms of the vote with only former House Republican Leader Jim Durkin, R-Western Springs supporting the measure among GOP lawmakers. Several Democrats voted against it including state Sen. Doris Turner, D-Springfield.

The belief among lawmakers on both sides of the aisle is it would take more than HB 5471 to reduce gun violence, perhaps the sole common thread among Republican and Democrat lawmakers.

Campbell said many laws are already in place that could help alleviate gun violence in the state, but a lack of enforcement has kept any progress from happening.

According to the Centers of Disease Control and Prevention, Illinois had a death rate by firearm of 14.1 per 100,000 residents and 1,745 deaths in 2020 which was 25th in the country.

"Part of this bill could have included increased penalties for criminals that use guns in the commission of a crime," he said. "They didn't enhance that or add any more mandatory prison time."

Other central Illinois county sheriffs announcing they will not enforce the ban include Christian County Sheriff Bruce Kettelkamp, Logan County Sheriff Mark Landers, Macon County Sheriff Jim Root and Menard County Sheriff Mark Oller.

Contact Patrick Keck: pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Campbell, other sheriffs push back against weapons ban, gun registry