Former State Sen. Darren Bailey on his last day in office fought back against the passage of the most restrictive gun control bill in the nation’s history.
Bailey expressed optimism that the bill HB 5471 will be overturned.
“Last summer, the Supreme Court, in deciding New York State Rifle Association, representing New York State Rifle and Pistol Association vs. Bruen, said this: 'When the Second Amendment's plain text covers an individual's conduct, the constitution presumptively protects that conduct. And to justify a firearm regulation, the government must demonstrate that the regulation is consistent with the nation's historical tradition of firearm regulation,’” Bailey said on the Senate floor. “The Second Amendment's text covers possession, practice, and acquisition as defined by the court. So can you tell me what history and tradition from 1791 shows that commonly owned firearms were routinely banned from the average law-abiding person acquiring?”
In response State Senate President Don Harmon (D-Oak Park) attempted to push off questions of the law’s constitutionality.
“First, the Supreme Court's jurisprudence on firearms is a bit muddled,” Harmons said. “They seem to have completely written out a well-regulated militia from their interpretation of the Second Amendment. Second, as we are all too acutely aware now, the Supreme Court jurisprudence can turn on a dime. So I wouldn't necessarily believe that the mess that is Supreme Court jurisprudence on Second Amendment issues will always be the same. And finally, I can say with confidence, we are not including in our definition of assault weapon of any weapons that existed in 1791.”
Harmon’s attempt at humor did not land well with Bailey.
“I'm glad we find such an important situation in defending our nation hilarious,” Bailey replied. “In 2008, the Supreme Court found that modern firearms are indeed protected by the Second Amendment. They said that some have made the argument bordering on the frivolous that only those in existence in the 18th century are protected by the Second Amendment. They said that we do not interpret constitutional rights that way, just as the First Amendment protects modern forms of communication, and the Fourth Amendment applies to modern forms of speech. The Second Amendment extends prima facie to all instruments that constitute bearable arms, even those that were not in existence at the time of our founding. Friends, You've got to know that the actions that you're taking right now are tyrannous. As my colleague Senator Bryant suggested, you also must know that I and millions of other gun owners in this state will not comply. And I fully expect and anticipate that our court will uphold this action and protect the rights of everyone in this country and everyone in this state.”
The bill received no votes from the state’s GOP senators, according to The State Journal-Register. In the House, it received only the support of outgoing Minority Leader Jim Durkin who oversaw a disastrous election campaign in 2022, including spending big on campaign in-fighting that depleted GOP accounts prior to the general election.
When considering options on how to combat the bill, many have pointed to the precedent New York State Rifle & Pistol Association, Inc. v. Bruen decision levied by the United States Supreme Court in June. That landmark case overturned a New York State law that required those seeking to conceal carry firearms to show a demonstrable need to defend themselves. That case opened up more rights for gun owners nationwide and required New York to allow more rights for concealed carry holders. It invalidated laws in other states as well seeking additional documentation on why gun owner seeks to exercise their second amendment rights.
The law immediately outlaws over 100 types of firearms currently legal in the state as well as extended clip magazines, Kankakee Times reported. In recent weeks, local county boards have said they will not enforce the sweeping gun ban that Gov. J.B. Pritzker signed into law. Illinois currently has around 70 sanctuary counties in which gun owners' rights have been underscored at the county level.
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