Several Illinois sheriffs claim assault weapons ban violates constitutional right to bear arms
CHICAGO (WLS) -- With the weight of a liberal supermajority in Springfield, the sale of assault weapons in Illinois is now banned.
So legal, and sometimes passionate, gun owners across the state are calling sheriff's offices questioning how they'll handle the new provision requiring legal gun owners to register the assault rifles they already own.
RELATED: Gov. Pritzker signs assault weapons ban into law
A growing cadre of sheriffs in the Chicago area - in McHenry, DeKalb, Kane, DuPage, La Salle, Grundy, and Kankakee counties - have publicly written that they will not enforce the Protect Illinois Communities Act, saying it violates the constitutional right to bear arms.
"We won't sacrifice safety, but at end of the day, we believe we have to do what is right for our own communities," said McHenry County Sheriff Robb Tadelman.
DuPage County Sheriff Jim Mendrick is among the most recent law enforcement chief to say he and his deputies won't be checking to make sure legal gun owners have registered their weapons with the state.
The sheriff said they won't be arresting and holding law abiding gun owners in jail for not complying with the law.
ALSO SEE: Over 2 dozen sheriffs refuse to enforce new Illinois assault weapons ban
However, the DuPage County's Board president publicly disagrees. She led a vote to ban assault weapons across the county after the Fourth of July massacre in Highland Park.
"These are folks that are entrusted by the public to enforce the law. They don't get to choose which laws they enforce. They must enforce what we've written into the code -- the General Assembly, signed by the governor, and they will do so," said Governor JB Pritzker.
"They're on safer ground when they say there are certain portions of the law they don't want to enforce, but even that, and saying they won't enforce any of the law, is just lawless," said ABC7 Legal Analyst Gil Soffer.
READ MORE: Gun dealers, advocates vow to take new IL assault weapon ban to court
The sheriffs in both Cook and Lake County, Illinois said they will enforce the assault weapons ban.
"It's incredibly dangerous for me to cherry-pick and enforce only laws I agree with, or only laws I feel are important," said the Lake County (IL) Sheriff.
Will County Sheriff Mike Kelley said that while he supports gun legislation that's being created to make communities safer, he believes the newly-enacted law may infringe on the constitutional rights of law-abiding citizens. In a letter to residents posted on social media, Sheriff Kelley said he looks forward to seeing how any court challenges play out to clarify any unanswered questions.
As sheriffs in DuPage County, and elsewhere, take sides, the new gun law is nearly guaranteed to be challenged in court.
