Kane County Sheriff Ron Hain | Courtesy photo
Kane County Sheriff Ron Hain | Courtesy photo
Kane County Sheriff Ron Hain said he will not be enforcing the state’s assault weapon ban signed into law by Gov. J.B. Pritzker in early January.
“I will not be enforcing the law against legal gun owners. If we encounter a felon or someone in the commission of a crime in possession of extended capacity magazines or ‘assault’ rifles, we may use parts of the new law to impose additional charges,” Hain said in a statement.
Hain said that Illinois had some of the most restrictive gun control laws in the nation before this law was passed, "yet it did little to stop gun violence in our State."
"A main concern that I have follows the increase of black market cannabis trafficking since recreational cannabis was legalized several years ago," Hain said. "Enhanced firearm restrictions with surrounding states having lesser regulations will most likely create an increased rate of illegal firearms trafficking, which makes our police less safe in their effort to enforce laws against illegal gun carriers."
The Kane County sheriff said that "those with severe mental health issues who wish to do harm or those involved in criminal activity will continue to disregard any law in an effort to obtain a firearm."
"I have said publicly numerous times that the State needs to revive expanded mental health services like what was offered decades ago. Along with strong support of law enforcement efforts and the public’s duty to say something when they see something is the most effective way to intervene against gun violence and active shootings," Hain added. "I have been asked, 'Will the Kane County Sheriff’s Office enforce this law?' As we have always done, we will investigate and charge those who illegally possess firearms or use firearms in the commission of a criminal act. What we will not do is proactively investigate legal, FOID card-holding gun owners and seize their firearms."
DuPage County Sheriff James Mendrick told Chicago’s Morning Answer radio host Dan Proft that U.S. Rep. Sean Casten (D-IL) called him and “got nasty.”
Mendrick said in addition to being unconstitutional the law is ineffective. "There is absolutely nothing that we are doing or not doing that would make a mass shooting more accessible in DuPage County," he said. "In fact, I have asked on multiple occasions to increase penalties on all existing gun crimes, but it does not appear that they want to have that conversation.”
The Protect Illinois Communities Act, HB 5471, classifies all semi-automatic weapons as assault weapons. The ban affects 170 types of firearms commonly available in the state. The law requires that certain firearms be registered for $50 apiece. 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, Chicago City Wire reported,
Effingham County Judge Joshua Morrison ruled the law unconstitutional and issued a temporary restraining order. That means the ban will not be applied to the 866 plaintiffs represented by Greenville attorney Thomas DeVore until it can be heard in court. In the wake of the Effingham County challenge nearly 1,700 additional plaintiffs have signed onto the legal action. “We will see if the state wants to appeal. If not, we’ll work on getting this pursued to a final ruling so we can get to the merits of these issues, sooner rather than later,” DeVore, last year’s GOP candidate for attorney general, told The Center Square.