East Central Reporter

Clay County State’s Attorney Phillip M. Givens said he will not be enforcing the state’s sweeping assault weapon ban passed into law in early January. 

Givens cited his oath to uphold the Constitution of the State of Illinois and the United States of America. He vowed that his office "will continue to uphold that oath and do not support the act and will continue to work to truly protect the citizens of Clay County."

“On January 10, 2023, HB 5471, known as the 'Protect Illinois Communities Act' was promptly signed into law by Governor J.B. Pritzker,” Givens said in a press release. “HB 5471 was specifically designed to serve as another gun control measure applicable to the majority of Illinois gun owners. This law serves to restrict or ban the manufacture, sale, and possession of various firearms labeled as ‘assault weapons’ among others. HB 5471 also limits magazine capacity and imposes a registration requirement for qualifying firearms lawfully owned by Illinois residents.” 

Givens said the General Assembly took advantage of a lame duck session "to directly attack and infringe upon our rights to keep and bear arms as guaranteed by the Second Amendment of the United States Constitution."

"This new law seeks to criminalize thousands of lawful gun owners who might not comply with the registration requirements and possession restrictions imposed by this unconstutional law,” Givens said. “The people of Clay County have entrusted me to properly use my prosecutor's discretion for when to file criminal charges or seek further investigations. I am forever grateful to protect our community from those who attempt to impede our Constitutional Rights and place our community in harm's way. My office and I will continue to look out for the best interests of Justice in every aspect of our duties.”

At least 95 sheriffs in Illinois have said they will not enforce the ban on over 170 types of 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 regarding enforcement of the law and “got nasty,” Dupage Policy Journal reported. 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 guns 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, according to Chicago City Wire.

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.