Metro East Sun

Jersey County Sheriff Nicholas J. Manns has noted he will not be enforcing the sweeping gun ban. 

Referring to history, Manns underscored that "the U.S. Supreme Court has recognized an individual's right to keep and bear Arms as a fundamental right protected by the Second Amendment of our Constitution. The Supreme Court has considered self-defense or using firearms in defense of one's heart and home, to be the central component of that right. Recently, in striking down a New York law, the Supreme Court also held that carrying a firearm outside of the home for self-defense is also a Constitutional right for most people." 

“I have received many queries about the recent passage of Illinois House Bill (HB) 5471 (Protect Illinois Communities Act) which is also being referred to as the Illinois "assault weapons" ban,” Manns said in a statement. “The Illinois Sheriff's Association (ISA), which serves as the Sheriffs' representative and political action committee, has opposed the Bill. I certainly concur. The ISA also put out a statement, which many Sheriffs adopted and posted immediately. I apologize for my delay in getting a statement to you. I, however, first wanted to discuss my thoughts and approach with our local law enforcement leaders and our State's Attorney. Now, I want to take a moment to explain my thought process to you, as well as our plan moving forward.” 

Witnessing firsthand "the devastation caused by gun violence on far too many occasions," Manns believes the majority "desire to find a viable solution (or measures) to stop the senseless violence and loss of lives.”  

“Still, as your Sheriff and as a law enforcement officer, I am sworn to protect Jersey County by enforcing the law AND protecting your Constitutional rights," he added. "Generally, those two obligations are one and the same. Unfortunately, in this instance, they are not. I believe that many of the provisions of HB 5471 as currently written are unconstitutional and will not survive scrutiny from reviewing courts, to include the U.S. Supreme Court. When I look at our history, I often wonder how things would be different if past law enforcement officers would have used their discretion in enforcing laws that seemed wrong and were ultimately determined to be unconstitutional. I feel that I am currently in such a place.”

Sheriffs across the state are refusing to implement the Protect Illinois Communities Act – HB 5471 – that bans over 100 commonly owned firearms, State Rep. Chris Miller (R-Oakland) noted on his Facebook page. Gov. J.B. Pritzker has threatened local law enforcement for not enforcing the law which is currently under legal challenge.

Altogether 85 of Illinois’ 102 counties have said they will not enforce the ban due to 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 redefined all semi-automatic weapons as so-called “assault weapons.” The law also requires local firearms be registered, according to Central Illinois Proud. The Illinois State Rifle Association, the Firearms Policy Coalition, Inc., and the Second Amendment Foundation, along with several gun owners from across Illinois have filed joint action in federal court against the State of Illinois over a sweeping gun ban enacted in early January.

As many as five million firearms and ten 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.