CALHOUN: Calhoun County Sheriff releases statement on Protect Illinois Communities Act
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By Steven Spencer
Calhoun News-Herald
Several local sheriffs departments issued statements after the Protect Illinois Communities Act, House Bill 5471, was signed into law by Governor JB Pritzker last week.
The bill is lengthy and includes updates to the Freedom of Information Act, the Firearm Owners Identification Card Act, firearm restraining orders, the Illinois Procurement Code, and more.
However, amendments in the bill that prohibit the sale, distribution, and manufacturing of assault weapons, .50 caliber rifles and .50 caliber cartridges have gained the most attention resulting in over 70 sheriffs departments issuing statements on the constitutionality of House Bill 5471.
Some details of the bill states, “except as otherwise provided in subsection (d), beginning Jan. 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.”
Subsection D mentioned in the above quote states this “does not apply to a person’s possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited, if the person has provided an endorsement affidavit, prior to Jan. 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois Sate Police, no later than Oct. 1, 2023.”
“In any administrative, civil, or criminal proceeding in this Sate, a completed endorsement affidavit submitted to the Illinois Sate Police by a person under this section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge,” the bill states.
Calhoun County Sheriff Bill Heffington issued a statement that the Protect Illinois Communities Act is “a clear violation of the 2nd Amendment to the U.S. Constitution.”
“As your duly elected Sheriff my jobs and my office are sworn, in fact, to protect the citizens of Calhoun County. This is a job and responsibility that I take with the utmost seriousness,” Sheriff Heffington said in the release. “Part of my duties that I accepted upon being sworn into office was to protect 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.”
Sheriff Huffington’s statement continued: “The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people. I, among many others, believe that HB 5471 is a clear violation of the 2nd Amendment to the U.S. Constitution. Therefore, as the custodian of the jail and chief law enforcement official for Calhoun County, that neither myself nor my office will be 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.”
The Illinois State Police said they continue to plan for the new laws implementation which includes drafting rules that will go before the Joint Committee on Administrative Rules.
“ISP is 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. Law enforcement officers have a responsibility to follow the law and this is the law,” The State Police said in a statement.
The Governors office also issued a statement reminding communities that the weapons ban is officially the law of Illinois.
“The assault weapons ban is the law of Illinois,” The Deputy Press Secretary for the Governor, Melaney Arnold said last week. “The General Assembly passed the bill and the Governor signed it into law to protect children in schools, worshippers at church, families at parades from the fear of sudden mass murder. Sheriffs have a constitutional duty to uphold the laws of the state, not pick and choose which laws they support and when. We’re confident that this law will hold up to any future legal challenges, but again, it is the current law of our state. Anyone who advocates for law, order, and public safety and then refuses to follow the law is in violation of their oath of office.”
