Carbondale Reporter

On Aug. 11, the Illinois State Supreme Court upheld the ban on semi-automatic firearms signed into law in January. Also on Aug. 11, Rep. Patrick Windhorst reacted to the 4-3 decision, and the dissent of Justice Mary K. O'Brien.

"The United States Constitution clearly states that the right to keep and bear arms shall not be infringed," Windhorst said in a Facebook post on Aug. 11. "I remain hopeful that the lawsuit pending on the federal docket will be successful, and ultimately the nation’s highest court will deem Illinois’ firearms and magazine ban unconstitutional. Democratic Justice Mary K. O’Brien, in her dissent, wrote the classifications of firearms and magazines banned, 'Do not and will not reasonably remedy the evils the legislation was designed to combat.'"

Windhorst continued, stating his belief that lawbreakers will continue to commit crimes even with the laws in place.

"Instead of addressing crime and criminal behavior, Democratic politicians have continuously passed laws that help criminals avoid punishment and consequences for their criminal actions," Windhorst said. "A firearms ban will do nothing to stop criminals bent on committing mass shootings or other acts of violence.”

Windhorst was first elected to the Illinois House in 2018. A Republican, his legislative experience includes serving on the Restorative Justice Committee and Judiciary-Criminal. Windhorst resides in Metropolis.

On Aug. 11, the Illinois Supreme Court upheld the Protect Our Communities Act, which was also known as House Bill 5855, and was signed into law on Jan 10, 2023. It was intended to go into effect on Jan. 10, 2023, but was put on hold as legal challenges worked through the courts, including this case, filed by Rep. Dan Caulkins as an individual, a Decatur pawn broker, and like-minded Macon County gun owners.

The Associated Press reported: “In a 4-3 decision Friday, the high court found that the Protect Our Communities Act does not violate the federal Constitution’s guarantee of equal protection of the law nor the state constitution’s bar on special legislation. The court also decreed that state Rep. Dan Caulkins, a Decatur Republican, a Decatur pawn broker, and like-minded Macon County gun owners who brought the lawsuit had earlier waived their claims that the law infringes on the Second Amendment to own firearms and could not raise it before the Supreme Court.”

The Illinois State Supreme Court's 4-3 decision, with dissents, is available here.

The Chicago Sun-Times reported that "The suit from state Rep. Dan Caulkins, R-Decatur, was part of a flurry of challenges to the constitutionality of the law after it was signed by Gov. J.B. Pritzker on Jan. 10. A second lawsuit is still pending before the justices and other challenges are still being fought in federal court."