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McLean County Times

Tuesday, May 14, 2024

Lane: ‘Changing Illinois law in what I believe is in total conflict with the U.S. Constitution is not how it is done’

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McLean County Sheriff Matt Lane | Facebook / Matt Lane

McLean County Sheriff Matt Lane | Facebook / Matt Lane

McLean County Sheriff Matt Lane said he's standing against the state’s assault weapon ban signed into law in early January. 

“As your duly elected Sheriff my job and my office are sworn to protect the citizens of McLean County," Lane said in a press release, Colion Noir reported. "This is a job and responsibility that I take with the utmost seriousness. I want to reaffirm to you my oath to 'defend the Constitution of the United States and the Constitution of the State of Illinois.'"

He said that as sheriff he will defend all of the people's rights under the Constitution.

"One of those enumerated rights is the right of the people to keep and bear arms as provided under the 2nd Amendment," Lane said. "The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right of the people. If the intent of the legislative branch of this state is to change the U.S. Constitution there is as process that was created long ago to accomplish such a change. Changing Illinois law in what I believe is in total conflict with the U.S. Constitution is not how it is done.”

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 and “got nasty.” 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," Mendrick 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, Chicago City Wire reported.

Effingham County Judge Joshua Morrison issued a temporary restraining order last week blocking the law. 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.

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