DuPage County

Illinois Assault Weapons Ban Enforcement Pits DuPage County Sheriff Against Elected Officials

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After DuPage County’s sheriff said he would not enforce provisions of a new assault weapons ban in Illinois, elected officials called for action against him, with some even calling for him to resign his post.

Last week, DuPage County Sheriff James Mendrick joined dozens of other law enforcement officials from across Illinois in saying his department wouldn’t enforce specific provisions of the law, citing Second Amendment concerns.

“As the custodian of the jail and chief law enforcement official for DuPage County, 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 arrested solely because of non-compliance with this act.”

Part of the weapons ban requires residents who already own specific types of firearms to register them with the Illinois State Police. That provision, along with several other provisions included within the legislation, are currently the subject of lawsuits statewide.

The DuPage County Board’s judicial and public safety committee met on Tuesday, drawing sharp reactions from both elected officials and the general public. In fact, some members of the committee broached the idea of either censuring Mendrick or calling for his resignation, according to the Daily Herald.

“If he can’t enforce the laws of the state, then he needs to really consider stepping aside,” County Board Member Liz Chaplin told the paper. “We need somebody in that office that’s responsible and that will uphold the laws of this state.”

Mendrick did not appear at Tuesday’s board meeting.

Legislators who represent portions of DuPage County in the General Assembly also blasted Mendrick’s stance, penning a letter calling on him to either retract the statement or urging local officials to take action against him.

“In saying he won’t enforce this law, the DuPage County Sheriff and others like him across the state are not only their sworn duty, they are sending a strong message to our residents that they’ll prioritize political gamesmanship over keeping dangerous weapons off our streets,” State Rep. Maura Hirschauer said.

A total of 16 different legislators who represent parts of DuPage County in Springfield signed the letter, condemning the decision not to enforce weapon-registration provisions contained within the bill.

Mendrick is far from alone in saying he will not enforce that provision, with more than 80 other sheriffs from around Illinois indicating that they would decline to do so.

Illinois Gov. J.B. Pritzker, who signed the bill into law last week, has accused opponents of the bill of “political grandstanding” in vowing to oppose it, and says that he’s confident that the measure will withstand the barrage of lawsuits filed against it.

“The governor is confident the courts will uphold the constitutionality of the Protect Illinois Communities Act,” a spokesperson said. “This legislation was the result of hundreds of hours of collaboration and cooperation between legal experts, legislators and advocates, and it makes Illinois a safer place for every resident.”

Lawsuits have already been filed in Effingham County, with a judge saying he’ll offer a ruling on a temporary restraining order by the end of the week. Another suit was also filed by the Illinois State Rifle Association, with both legal actions alleging that the state is violating the Second, Fifth and 14th Amendment rights of residents.

The Second Amendment protects gun ownership, while opponents of the bill argue that the Fifth Amendment also applies because of its protections against self-incrimination, which they argue a weapon-registration program would violate.

The 14th Amendment’s equal protection clause is also being used by opponents of the bill in their suits.

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