At least 74 Illinois sheriff’s departments vow to defy state assault weapons ban
BY Herschel Smith1 year, 10 months ago
Just days after Illinois became the ninth U.S. state to ban assault rifles, the state already hit a roadblock to implementing the law: defiant sheriff’s offices.
At least 74 Illinois sheriff’s departments have publicly vowed to defy elements of a recent gun-control law signed by Gov. J.B. Pritzker, which banned assault weapons, high-capacity magazines and switches. The offices have vowed to not check if weapons are registered with the state or house individuals arrested only for not complying with the law.
As the number of uncooperative sheriff’s offices increased, Pritzker has made his own vow – to ensure those members of law enforcement who fail to “do their job… won’t be in their job.”
The Illinois Sheriffs’ Association issued a statement Wednesday expressing continued opposition to the law. Simultaneously, dozens of sheriff’s offices began to post nearly identical messages promising they would not check for compliance with the law or arrest offenders of the law.
Jim Kaitschuk, executive director of the Illinois Sheriffs’ Association, said he drafted the statement which sheriff’s offices began to sign or modify.
“Therefore, as the custodian of the jail and chief law enforcement official for DuPage County, that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law abiding individuals that have been charged solely with non-compliance of this Act,” DuPage County Sheriff James Mendrick wrote in a statement, which was mirrored by dozens of other offices.
With a population of over 920,000 residents, DuPage County is the largest county to defy the law.
ABC News was able to identify at least 59 sheriff’s offices that issued a nearly identical statement, the main identifiable difference between the statements being the letterhead and name of the county in the text of the statement.
In total, at least 74 offices said they plan to not use resources to enforce elements of the law, impacting nearly 4,000,000 Illinois residents, or over 30 percent of the state’s residents.
Other than DuPage county, the most populous counties in Illinois – Cook, Lake, and Will Counties – have not issued any statement opposing the law. The deadly 2022 Highland Park parade shooting took place in Lake County, which is enforcing the law. Most of the sheriff’s offices opposing the law reside in counties with less than 100,000 residents, though nine defiant counties have populations exceeding 100,000.
Kaitschuk said he disagreed with the idea that sheriffs have an obligation to check compliance with the law or house offenders in their jails.
“That is not a charge that is provided to us, or mandated to us in the bill that passed and was signed by the governor,” he said.
Many of the sheriffs defying the law have described their opposition to the law as akin to civil disobedience to protect the Second Amendment.
“We will not be enforcing it in this county; I will also not house anyone in my jail that has violated this act because we know it to be an unlawful act by the general assembly and the governor,” Jefferson County Sheriff Jeff Bullard Sr. said in an online video.
Sangamon County Sheriff Jack Campbell, whose jurisdiction covers nearly 200,000 residents, signed a modified version of the statement. In an interview with ABC News, Campbell based his opposition to the law due to both adherence to the constitution and the ineffectiveness of the law.
“The law will have zero impact on the murder rate in the state of Illinois,” Campbell said.
Some offices took less defiant stances which include waiting for movement from the courts or legislative action.
“I understand that our nation had witnesses frequent tragedies involving gun violence and I am in no way attempting to minimize the impact these events have had,” St. Clair County Sheriff Richard Watson wrote in a statement, in which he said he opposed the law but did not promise to defy it.
When asked why he decided to not enforce the law rather than wait for action from the courts, Campbell returned his belief that the law is unconstitutional and will eventually be struck down.
Pritzker addressed the defiance, commenting that members of law enforcement who fail to enforce it might lose their job.
“The fact is that yes there are of course people who are trying to politically grandstand, who want to make a name for themselves by claiming that they will not comply,” he said. “But the reality is that the state police is responsible for enforcement, as are all law enforcement all across our state and they will in fact do their job or they won’t be in their job.”
Kaitschuk rebutted the idea that Pritzker has the authority to fire members of law enforcement, especially elected sheriffs.
“I’m just not aware of any provision that provides the governor that opportunity to do so,” he said.
I’m not aware of any such provision either, but I do have a question. Who pays the salary of the county Sheriffs? If it’s the county, they’re good to go. If it’s the state, then someone else holds all the cards.
As we discussed earlier, these are the initial baby steps of nullification. The wheat will get sorted from the chaff as things move forward.
The “wheat” of the Sheriff’s Departments must follow through on action to arrest any officer who enforces the law, or else the nullification will have no effect.
On January 14, 2023 at 9:36 pm, X said:
That’s nice, and those sheriffs should be commended. But you sure as hell can bet that ISP and a number of city departments will enforce it to the hilt.
As is the case with the gun bans in other states, 95% or more of the law is enforced at the retail level. If something is banned from being sold, no distributor is going to ship the product to a ban state and no licensed FFL is going to sell it.
As far as the 5% or less who do get busted, it will not happen by door-kicking, but a) when somebody is arrested for a domestic or ratted out by an ex in a divorce or breakup, b) gun charges will be added when someone is busted for something else, like DUI or selling weed and c) the Fudds themselves will enforce it, gun club members will rat out people with, or prohibit “assault weapons” from being on their ranges.
Anyone who defies the law will either have to leave the gun hidden in a closet and hope that his wife and kids keep their mouths shut, and/or will need to have his own private property to shoot it on.
On January 14, 2023 at 9:51 pm, Chris Mallory said:
In Kentucky, the sheriff is a constitutionally mandated, elected office. I suspect the office is much the same in Illinois. I doubt Pritzker fire another elected official. Refer to charges, maybe depending on the law. In KY, the sheriff’s office is supported for the most part by the county. The Fiscal Court provides SD funding.
On January 15, 2023 at 11:06 am, June J said:
Comrade Pritzker believes he is the state dictator not an official elected mostly by Cook, Lake and Will counties.