La Salle County official won’t enforce gun ban, despite latest ruling

Illinois Supreme Court upholds ban in 4-3 ruling

It was premeditated murder. La Salle County State's Attorney Joe Navarro disclosed Thursday, June 8, 2023, the details surrounding the June 5 killing of Eric S. Clements of Ottawa. Two people are charged with Clements' murder.

The Illinois Supreme Court upheld a statewide gun ban on Friday, a win for proponents of stricter laws over many semi-automatic weapons, but some officials in the Illinois Valley are in no hurry to enforce it.

Friday’s ruling was poorly received in La Salle County where, earlier this year, the County Board and sheriff had denounced the ban and the top prosecutor had said he would not enforce it.

The law bans dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. The most popular gun targeted is the AR-15 rifle, which can be found in at least 25 million American households, according to 2021 research by Georgetown University.

Current owners of such weapons won’t be required to surrender them. However, gun owners will have to register them with the Illinois State Police – including serial numbers, a provision initially removed by the Senate but restored after House proponents’ objections.

Illinois lawmakers approved the ban in the wake of last year’s mass shooting at a Fourth of July parade in Highland Park. Gov. JB Pritzker quickly signed the measure into law in January, prompting various legal challenges in the state and at the federal level. A federal appellate court still is considering a challenge against Illinois’ ban.

I believe it’s going to be very, very difficult for law enforcement officers to arrest their friends and hunting buddies for a law they believe to be unconstitutional.”

—  La Salle County State's Attorney Joe Navarro

After the top court ruling, La Salle County State’s Attorney Joe Navarro said Friday he stood by his pledge and would not enforce a ban he believes not only flies in the face of the Second Amendment, but also one he said will be problematic for the county’s sworn officers to enforce.

“I will not criticize any member of Illinois Supreme Court for the ruling,” Navarro said, “but I believe it’s going to be very, very difficult for law enforcement officers to arrest their friends and hunting buddies for a law they believe to be unconstitutional.”

La Salle County Sheriff Adam Diss said he was disappointed in Friday’s ruling.

“I am hopeful with all the federal challenges that exist, this will be corrected and Illinoisans rights will be restored,” Diss said. “We intend to protect the rights of the citizens of La Salle County.”

The Bureau County Board had also voted in February to denounce the law, although Bureau County State’s Attorney Tom Briddick stopped well short then of pledging not to enforce the law.

“I took an oath as an attorney and the state’s attorney to follow the law, my personal thoughts aside,” Briddick said.

Friday’s ruling might not be the last word on the subject, however. Navarro said he conferred with Second Amendment lobbyist and was assured the ruling would be appealed to the Supreme Court of the United States. He said he’s hopeful the nation’s top court will agree to hear it and that this could happen in mid-2024.

The 4-3 ruling Friday by the state’s high court reversed a Macon County Circuit Court judge’s decision against Illinois’ gun ban. It was deemed a win for proponents of stricter laws over the types of semi-automatic weapons that have been used in mass shootings across the country.

Justices Lisa Holder White, David Overstreet and Mary Kay O’Brien dissented. In the ruling, the court did not weigh in on the plaintiffs’ Second Amendment claims.

In a statement issued Friday, Pritzker said he was pleased with the Supreme Court’s ruling.

“This is a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship,” Pritzker said. “Illinoisans deserve to feel safe in every corner of our state – whether they are attending a Fourth of July Parade or heading to work – and that’s precisely what the Protect Illinois Communities Act accomplishes. This decision is a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives.”