South West Illinois News

Perry County Sheriff Chad Howard will not enforce a gun ban enacted by Gov. J.B. Pritzker in early January. 

Howard issued a joint press release with Perry County State's Attorney David H. Searby, Jr. 

"A little over a month ago I took my oath of office as Sheriff, and part of that oath was to protect and defend the Constitution of the United States, including the Second Amendment,” Howard said in the joint press release. "The provisions of House Bill 5471 are clearly in violation of the Second Amendment, and my deputies and I will not be enforcing this unconstitutional law against law-abiding citizens.” 

Searby said his office will not enforce the ban as well. 

"Once again, we see that those in control in Springfield pass unconstitutional legislation in the waning hours of a legislative session, in a 'back door' method, just like they did with the SAFE-T Act. In this case, it affects Second Amendment rights of all citizens in Illinois, whether in Chicago or Perry County," Searby said in the release. "This legislation basically bans objects and property that law-abiding individuals have legally owned for years, and in some instances, decades; while allowing them if you register them with the Illinois State Police. My Office will exercise prosecutorial discretion in these types of cases.”

Sheriffs across the state are refusing to implement the Protect Illinois Communities Act – HB 5471 – that bans over 100 commonly owned firearms. Pritzker has threatened local law enforcement for not enforcing the law which is currently under legal challenge.

More than 80 of Illinois’ 102 counties have said they will not enforce the ban due to what they claim are constitutional violations, according to Colion Noir  The ban affects 170 types of guns commonly available in the state.

The Protect Illinois Communities Act HB 5471 classifies all semi-automatic weapons as assault weapons, Central Illinois Proud reported. However, many local law enforcement officials deem the law to be unconstitutional and are unable to enforce it. 

The law requires local firearms be registered.

As many as five million firearms and 10 million magazines in the state may be affected. Gun rights advocates have begun litigation against the state claiming it is unconstitutional under the Second Amendment, according to Chicago City Wire.