Last night Governor JB Pritzker signed into law HB5471, the Protect Illinois Communities Act. This act placed restrictions on the ability to possess military-style weapons and high-capacity ammunition magazines. The Act goes into effect immediately.
Knox County Sheriff Harlan has issued a statement stating that: 1) He is the chief law enforcement officer of Knox County; 2) That he has decided that the Act is unconstitutional; and 3) he will not enforce the Act or make arrests based on violations of the Act. I disagree with all three of these positions and encourage him to reconsider.
First, while this is largely semantic, Illinois Courts have repeated declared the state’s attorney to be the chief law enforcement officer of the county because he or she decides whether charges are filed. Second, the Protect Illinois Communities Act is presumed constitutional and enforceable until Illinois courts state otherwise. Third, until a court issues such a ruling, a law enforcement officer has an obligation to investigate crimes and enforce the law.
There is a process to address the constitutionality of a newly-enacted law. For example, I joined over 60 state’s attorneys in a law suit seeking that the Pre-Trial Fairness Act be found unconstitutional. A trial court sided with the State’s Attorneys and the issue is now before the Illinois Supreme Court. Until the trial court issued its decision in the last week in December, my office was prepared to enforce the Act starting on its effective date of January 1st. I urge the Sheriff to follow this example.
The sheriff’s unilateral approach creates a problematic patchwork of enforcement. Apparently, no arrests or investigations regarding violations of the Act will occur in the county, but can still occur within municipalities like Galesburg, Abingdon, or Knoxville. Further, the Sheriff has pledged not to take into the jail those who are arrested in Galesburg or other cities for violation of this Act. Will those people be then housed in different counties at Knox County’s expense or will they just be released in the community? Furthermore, agree with the statute or not, it does give law enforcement another tool to keep firearms out of the hands of individuals whom we all agree ought not have them. It makes little sense to say that tool will not be used in any circumstance.
As law enforcement officers, our personal convictions regarding a particular act or statute are largely irrelevant. The legislature decides what the law is. The courts decide whether they are constitutional. Its up to the Sheriff and I to enforce the laws.
The Sheriff’s conviction regarding the Act should not be allowed to have the effect of law in Knox County. Personally, I agree that the statue has constitutional issues. These need to be decided in a courtroom and not in the back office of the Sheriff’s Department.
***Courtesy of Knox County State’s Attorney Jeremy S. Karlin***
