State Supreme Court weighs whether rifle ban violates IL Constitution twill
In March, a circuit court judge in Macon County sided with a group of plaintiffs led by state Rep. Dan Caulkins, R-Decatur, and declared the law unconstitutional. The state appealed directly to the Supreme Court, which put a hold on the Macon County decision and put the case on an expedited schedule.
"These are criminal statutes," Stocks told the court."And we're immunizing folks that have absolutely no difference in the enjoyment of the Second Amendment or the enjoyment of Article 1, Section 22 ... than anyone else." In Illinois constitutional law, however, the right to bear arms is not a fundamental right, and the government is authorized under the state constitution to put limits on it. That means the government only needs to show the limitations have a"rational basis" behind them.
The state, however, argued that the federal standard for judging Second Amendment issues should not apply in the Illinois case because the plaintiffs did not make a Second Amendment claim in their initial suit. And Chief Justice Mary Jane Theis appeared to agree.
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