Amicus brief filed in U.S. Court of Appeals’ Seventh Circuit
Warren County State’s Attorney Thomas R. Siegel, along with the State’s Attorneys of 34 other Illinois counties, has filed an amicus brief in the U.S. Court of Appeals’ Seventh Circuit, arguing Illinois’ ban on so called assault weapons is unconstitutional.
In the amicus brief, also known as a friend-of-the-court brief, the State’s Attorneys argue that the ban enacted by the Illinois legislature is unconstitutional because it broadly bans entire categories of firearms that are widely owned by law-abiding Illinoisans, and the ban does not follow the historical tradition of firearm regulation in the United States.
“While disappointed with Illinois’ continuous assaults on the Second Amendment rights of its citizens, I cannot say I am surprised,” Siegel said. “As an Illinois attorney, I swore an oath to support, obey and defend the Constitution of the United States; an oath that I take seriously. I therefore join my colleagues in urging the court to uphold the ruling of District Court Judge Stephen McGlynn.”
Madison County State’s Attorney Tom Haine is the lead attorney in the amicus brief. Additional counsel for the brief are the State’s Attorneys of Brown, Calhoun, Carroll, Christian, Clark, Clay, Clinton, Cumberland, Edwards, Effingham, Gallatin, Hancock, Henry, Iroquois, Jasper, Jefferson, Jersey, Jo Daviess, Johnson, Livingston, Marion, Mercer, Monroe, Ogle, Perry, Pulaski, Schuyler, Scott, Union, Vermilion, Warren, Washington, White and Woodford counties.
“State’s Attorneys have a duty to ensure that the laws we enforce are Constitutional,” Haine said. “But this patently-unconstitutional law – which purports to ban a type of firearm far more common than the Ford F-150 while accounting for only a tiny portion of violent crime in our state and nation – threatens the basic constitutional rights of the law-abiding citizens we are sworn to protect. Therefore, I am happy to partner with so many other Illinois State’s Attorneys in asking the Seventh Circuit to affirm Judge McGlynn’s excellent opinion, throw out this law, and protect our basic right of effective self-defense of hearth and home in Illinois and the rest of America.”
The ban was approved by the Illinois legislature in January 2023. It bans the sale, purchase and manufacturing of firearms that the legislature defined as “assault weapons,” such as AR-15-style rifles.
The amicus brief was filed in an appeal currently before the U.S. Court of Appeals for the Seventh Circuit and stems from a challenge to the ban filed in U.S. District Court for the Southern District of Illinois. In November 2024, the Honorable U.S. District Judge Stephen McGlynn found the ban to be unconstitutional; an appeal of his ruling is now before the Seventh Circuit.
In the amicus brief, Haine notes that some firearms “may seem excessive and menacing to those with little experience with firearms, but they are quite normal and valuable to millions of responsible, law abiding Americans. In fact, it is the experience of (the State’s Attorneys), as the chief law-enforcement officers of our respective counties, that the overwhelmingly common use of such firearms is self-defense and recreation – for which they are well-suited – and not violent crime.”
In the brief, Haine also notes that shootings and violence are heartbreaking reminders of the pain and sorrow caused by violent individuals who have evil intentions.
“As prosecutors, we go to work every day to deter such crimes, command justice for victims, put those who do harm to our communities behind bars, and protect our residents by strengthening the justice system and enforcing the rule of law,” the brief argues. “It is in service to that same rule of law that we urge this honorable Court to support and uphold the Constitutionally protected rights enshrined in the Second Amendment – the right of the people to own commonplace firearms so they can defend hearth and home and live freely with the means to secure their own and others’ ultimate safety.”
The amicus brief was filed by the following State’s Attorneys:
Michael Hill, State’s Attorney of Brown County
Lucas Fanning, State’s Attorney of Calhoun County
Aaron Kaney, State’s Attorney of Carroll County
John H. McWard, State’s Attorney of Christian County
Kyle Hutson, State’s Attorney of Clark County
Phillip M. Givens, State’s Attorney of Clay County
J.D. Brandmeyer, State’s Attorney of Clinton County
Bryan D. Robbins, State’s Attorney of Cumberland County
Eric A. St. Ledger, State’s Attorney of Edwards County
Aaron Jones, State’s Attorney of Effingham County
Douglas E. Dyhrkopp, State’s Attorney of Gallatin County
Bobi Gail James, State’s Attorney of Hancock County
Catherine Runty, State’s Attorney of Henry County
Michael J. Quinlan, State’s Attorney of Iroquois County
James S. Treccia, State’s Attorney of Jasper County
Sean Featherstun, State’s Attorney of Jefferson County
Benjamin L. Goetten, State’s Attorney of Jersey County
Christopher Allendorf, State’s Attorney of Jo Daviess County
J. Jeremy Lloyd, State’s Attorney of Johnson County
Michael Regnier, State’s Attorney of Livingston County
Tom Haine, State’s Attorney of Madison County
Timothy J. Hudspeth, State’s Attorney of Marion County
Grace Simpson, State’s Attorney of Mercer County
Ryan G. Webb, State’s Attorney of Monroe County
Mike Rock, State’s Attorney of Ogle County
David Searby, State’s Attorney of Perry County
Lisa C. Casper, State’s Attorney of Pulaski County
Charles Laegeler, State’s Attorney of Schuyler County
Richard K. Crews, State’s Attorney of Scott County
Tyler Tripp, State’s Attorney of Union County
Jacqueline M. Lacy, State’s Attorney of Vermilion County
Thomas Siegel, State’s Attorney of Warren County
Crystal May, State’s Attorney of Washington County
Chris Neal, State’s Attorney of White County
Erik R. Gibson, State’s Attorney of Woodford County
***Courtesy of Warren County State’s Attorney Thomas Siegel***
