By Kevin Haas
Rock River Current
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ROCKFORD — Winnebago County Sheriff Gary Caruana said today that he will not enforce the state’s newly enacted law that bans military-style weapons and requires those who already own such guns to register with the state.
Caruana’s statement comes as gun rights groups are preparing to sue the state over the new law, which Gov. JB Pritzker signed Tuesday. Caruana is among several sheriffs, including those in Ogle, Stephenson and Lee counties, who say they won’t enforce the law.
The law bans the sale, distribution and manufacturing of assault weapons, .50 caliber rifles and ammunition, and large-capacity magazines. It allows those who already own such weapons to keep them provided they register with the Illinois State Police by Jan. 1, 2024.
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“Part of my duties that I accepted upon being sworn into office was to protect the rights provided to all of us, in the Constitution. One of those enumerated rights is the right of the people to keep and bear arms provided under the 2nd Amendment,” Caruana said in a statement on Facebook. “The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people.”
He said that no one from his office will check to see that gun owners register with the state, nor will they arrest anyone for non-compliance with the law.
Caruana’s written statement echoes that of other sheriffs. Newly elected Stephenson County Sheriff Steve Stovall offered similar remarks on Facebook.
“Let me be clear, this piece of legislation will do nothing to make our communities safer,” he said. “Criminals don’t follow the laws, that is what makes them criminals.”
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Stovall was sworn into office Dec. 1, and he said part of his oath was to uphold the Constitution. He believes this law violates the constitution and will be overturned in court.
“It is a shame that instead of addressing laws to prevent violent criminals from terrorizing so many communities throughout this state, the General Assembly is attempting to make criminals out of otherwise law abiding citizens,” he wrote. “I am confident that this misguided legislation will be struck down by the judicial branch, and after that, I sincerely hope the Illinois General Assembly will work on legislation that makes our communities safer instead of attempting to disarm law abiding citizens.”
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Illinois is the ninth state to ban military-style guns, and similar refusals have played out elsewhere in the country. In Washington state, for example, numerous sheriffs said they would not enforce the gun ban.
In Washington, the state’s attorney general had noted that sheriffs have wide discretion on how to enforce the law, but he said they could not unilaterally decide to ignore a particular law.
However, it’s difficult for the state to force local sheriffs to enforce the law, according to The Foley Institute for Public Policy and Public Service.
Sheriffs have also selectively chosen when to enforce laws such as the federal ban on marijuana and federal enforcement of immigration bans, the institute noted.
The constitutionality of the law is ultimately decided by the courts, the institute said. In Illinois, the Illinois State Rifle Association has vowed to sue.
This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas or Instagram @thekevinhaas.