Firearms owners worried that law enforcement officers will be pounding on the door seeking to confiscate their guns under the state’s new semi-automatic assault weapons ban can rest easy, according to the Kendall County Sheriff’s Office.
“We have a lot of people with questions and concerns about seizure and that’s just not the case,” Undersheriff Bobby Richardson said.
The sheriff’s office and other law enforcement agencies are operating in a legal limbo of uncertainty until the Illinois Supreme Court renders a verdict on the controversial SAFE-T Act and its cashless bail component, and now the assault weapons ban.
Kendall County State’s Attorney Eric Weis, who is calls both laws unconstitutional, recommends that when confronted with violations of the new weapons ban, officers should take down the information of the firearms’ owners.
Later, if the law is upheld in what Weis said is an inevitable legal challenge, police could decide whether to file charges.
“They will make that decision on their own,” Weis said. “They have independence. It would be at their own discretion.”
Meanwhile, Weis has made clear that he will not prosecute any cases arising from violations of the weapons law until its constitutionality has been decided.
“That’s the guidance we received from the state’s attorney and we are going to follow his guidance,” Richardson said.
The undersheriff said that the law calls for creation of a State Police registry for owners of restricted weapons by Oct. 1 of this year. “The registration is not in effect. We’re in uncharted territory.”